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Planning Commission Agendas

Regular Meeting

Blue Springs, MO · January 24, 2022

AgendaMinutes

Minutes

City of Blue Springs 903 Main Blue Springs, Missouri 64015 Planning Commission MINUTES Monday, January 24, 2022 Media Link: January 24, 2022 Planning Commission Meeting A regular meeting of the Planning Commission of the City of Blue Springs was held at 6:30 p.m. on Monday, January 24, 2022 in the Council Chambers of the Howard L. Brown Public Safety Building, located at 1100 SW Smith Street, Blue Springs. The meeting was also viewed live on Blue Springs Channel 7, AT&T Channel 99, and www.bluespringsgov.com/CityMeetingsLive The following members, guests and staff were in attendance: ATTENDANCE Lynn Banks Mitchell Peil Susan Stokenbury Ken Billups Jr. Chad Sanderson, Chairperson LaKeisha Veal Tom Rohr Jacob Honeycutt Travis Graham Byron Craddolph Mike Mallon, Director, Community Development Matt Wright, Assistant Director, Community Development Shana Kelly, Associate Planner Adam Hilgedick, Assistant Director, Public Works Jackie Sommer, City Attorney Kent Edmondson, Councilmember – District 2 (Mayor Pro-Tem) Aliyah Kincade, Recording Secretary Jim Leacock, Public Stenographer ABSENT None. Chairperson Chad Sanderson called the meeting to order at 6:30 p.m. with a CALL TO ORDER request that everyone stand for the Pledge of Allegiance. Chairperson Sanderson requested action on the Consent Agenda with a motion CONSENT AGENDA by Commissioner Jacob Honeycutt, a second from Commissioner Byron APPROVAL Craddolph, and a unanimous vote, the minutes of January 10, 2022. P.C. Minutes – 1.24.2022 Page 1 of24 AK The public hearing for Agenda Item 2 was opened at 6:32 p.m. with a request AGENDA ITEM 2 for exhibits from the City Attorney. Ms. Jackie Sommer introduced Exhibits 1 PUBLIC HEARING through 8 for Agenda Item 2 into the public record on behalf of the applicant. / REZONING / RZ-12-21- Exhibits: 8078 / “Blue Springs 1. Staff Report with attachments Aquatics Center” / 305 NE 2. Applicant Plans with attachments Mock Ave 3. Affidavit of Publication in The Examiner on December 23, 2021 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 AGENDA ITEM 3 7. Title IV, Land Use Section – Blue Springs Code of Ordinances (by PUBLIC HEARING / reference) GENERAL 8. 2014 Comprehensive Plan (by reference) DEVELOPMENT PLAN / GDP-12-21-8081 Ms. Jackie Sommer introduced Exhibits 1 through 8 for Agenda Item 3 into the / “Blue Springs Aquatics public record on behalf of the applicant. Center” / 305 NE Mock Exhibits: Ave. 1. Staff Report with attachments 2. Applicant Plans with attachments & 3. Affidavit of Publication in The Examiner on December 23, 2021 PRELIMINARY PLAT / 4. 185 ft. Notification Map PP-12-21-8082 / “Blue 5. Names/addresses of property owners within 185 ft. of site Springs Aquatics Center” / 6. Copy of letter sent to said property owners 305 NE Mock Ave. 7. Title IV, Land Use Section – Blue Springs Code of Ordinances (by reference) 8. 2014 Comprehensive Plan (by reference) Matt Wright, Assistant Director, Community Development, presented the request to the Planning Commission. Commissioner Lynn Banks questioned with the attraction the addition will QUESTIONS bring, will there be any consideration on extended parking. Mr. Wright explains the parking study done does consider the existing Fieldhouse along with the addition. The proposed parking will accommodate both facilities. Commissioner Banks questions if the parking can be extended if we find the need necessary. Mr. Wright explains the additional parking installed a few years ago is included in the proposed 315 parking spaces. Mr. Wright defers additional explanation regarding the parking to the Architect but does believe most of the site parking is being utilized. Mr. Wright does state the site parking is about 80 parking spots over the peak parking demand for a normal day. Bryan Garvey, SFS Architecture, 2100 Central St., Kansas City, MO. Mr. APPLICANT Garvey stated he has been on this project since the beginning of 2020 and coordinated well with staff on clarifications and revisions. Mr. Garvey explained from the beginning that the Parks and Recreation directive was to P.C. Minutes – 1.24.2022 Page 2 of24 AK max out the parking and not just meet the minimum and from Mr. Wright’s description, that is proposed. WITNESSES None. IN FAVOR WITNESSES None. OPPOSED DISCUSSION Commissioner Mitchell Peil states he loves the project and that is has been needed for many years. Commissioner Peil will be voting in favor of the project. Commissioner Jacob Honeycutt stated he seconds Commissioner Peil’s comments and that it will be great for our City. Commissioner Honeycutt will be voting in favor of the project. HEARING CLOSED The public hearing was closed at 6:42 p.m. MOTION REZONING / RZ-12-21- Commissioner Lynn Banks moved to approve the Rezoning / RZ-12-21-8078 8078 / “Blue Springs / “Blue Springs Aquatics Center” / 305 NE Mock Ave. Aquatics Center” / 305 NE Mock Ave Seconded by Commissioner Jacob Honeycutt. SECOND VOTE LaKeisha Veal – Aye Tom Rohr – Aye Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Aye Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (10-Aye, 0-No) To be heard by City Council, Monday, February 7, 2022. MOTION Commissioner Lynn Banks moved to approve the General Development GENERAL Plan / GDP-12-21-8081 / “Blue Springs Aquatics Center” / 305 NE Mock DEVELOPMENT PLAN / Ave. with one staff condition. GDP-12-21-8081 / “Blue Springs Aquatics Center” / 305 NE Mock Ave. SECOND Seconded by Commissioner Jacob Honeycutt. P.C. Minutes – 1.24.2022 Page 3 of24 AK VOTE LaKeisha Veal – Aye Tom Rohr – Aye Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Aye Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (10-Aye, 0-No) To be heard by City Council, Monday, February 7, 2022. STAFF CONDITIONS 1. Approval 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, except for the following minor modifications: a. Reduce the internal sidewalk widths from 8-ft. to 5-ft. for sidewalks with vehicle overhangs. b. Reduce the south drive aisle from 26-ft. to 24-ft. to preserve existing mature trees adjacent to NE Mock Avenue. MOTION PRELIMINARY PLAT / PP-12-21-8082 / “Blue Commissioner Lynn Banks moved to approve the Preliminary Plat / PP-12-21- Springs Aquatics Center” / 8082 / “Blue Springs Aquatics Center” / 305 NE Mock Ave. with three staff 305 NE Mock Ave. conditions. SECOND Seconded by Commissioner Jacob Honeycutt. VOTE LaKeisha Veal – Aye Tom Rohr – Aye Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Aye Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (10-Aye, 0-No) STAFF CONDITIONS 1. Approval 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, except for the minor modifications as noted in the General Development Plan. 2. Prior to Building Permit issuance, the following must occur: a. The Final Plat must be approved and recorded with the County. P.C. Minutes – 1.24.2022 Page 4 of24 AK b. A Site Plan Design Review application must be approved. 3. Prior to Building Occupancy, the following must occur: a. Roadway improvements shall be completed and accepted by Public Works. b. Sidewalk improvements along NE Mock Avenue must be completed. AGENDA ITEM 4 The public hearing for Agenda Item 4 was opened at 6:44 p.m. with a request PUBLIC HEARING / for exhibits from the City Attorney. Ms. Jackie Sommer introduced Exhibits 1 CONDITIONAL USE through 8 for Agenda Item 4 into the public record on behalf of the applicant. PERMIT / CUP-12-21-8090 Exhibits: / “Harmony House” / 910- 1. Staff Report with attachments 930 SW 37th Street 2. Applicant Plans with attachments 3. Affidavit of Publication in The Examiner on January 8, 2022 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) Shana Kelly, Associate Planner, presented the request to the Planning Commission. QUESTIONS Commissioner Mitchell Peil questioned about the parking being shared in the area with other businesses. Ms. Kelly states the parking is shared but for this development the parking will mostly be pickup and drop off and the participants will not be using the existing parking spaces. Commissioner Peil questions about the additional staff and the parking. Ms. Kelly responds that the parking is more than sufficient to accommodate the additional staff. Ms. Kelly further explains the adjacent business is a bar and has opposite peak hours to the proposed development, so parking conflict shouldn’t be an issue. APPLICANT In attendance, but did not wish to present/speak. P.C. Minutes – 1.24.2022 Page 5 of24 AK WITNESSES None. IN FAVOR WITNESSES None. OPPOSED DISCUSSION None. HEARING CLOSED The public hearing was closed at 6:48 p.m. MOTION Commissioner LaKeisha Veal moved to approve the Conditional Use CONDITIONAL USE Permit / CUP-12-21-8090 / “Harmony House” / 910-930 SW 37th Street. with PERMIT / CUP-12-21-8090 three staff conditions. / “Harmony House” / 910- 930 SW 37th Street SECOND Seconded by Commissioner Jacob Honeycutt. VOTE LaKeisha Veal – Aye Tom Rohr – Aye Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Aye Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (10-Aye, 0-No) To be heard by City Council, Monday, February 7, 2022. STAFF CONDITIONS 1. Approval by the Planning Commission based on the representations of any drawings presented as part of this application does not waive any requirements or development standard contained in the UDC. 2. The Conditional Use Permit is to allow the “Day Care, Commercial” use at 910-930 SW 37th Street, Blue Springs, Missouri. 3. All conditions adopted under the UDC for a “Day Care, Commercial” establishment shall be met at all times. This shall include, but is not limited to the following: a. The drop-off area and queuing line shall utilize the SW 37th Street entrance and shall not utilize the shared 40 Highway entrance. P.C. Minutes – 1.24.2022 Page 6 of24 AK AGENDA ITEM 5 The public hearing for Agenda Item 4 was opened at 6:49 p.m. with a request PUBLIC HEARING / for exhibits from the City Attorney. Ms. Jackie Sommer introduced Exhibits 1 REZONING / RZ-12-21- through 8 for Agenda Item 5 into the public record on behalf of the applicant. 8093 / “Redwood Blue Exhibits: Springs” / North of SW 1. Staff Report with attachments Wyatt Rd., approx. 500-ft. 2. Applicant Plans with attachments west of SW 7 Hwy. 3. Affidavit of Publication in The Examiner on January 8, 2022 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 AGENDA ITEM 6 7. Title IV, Land Use Section – Blue Springs Code of Ordinances (by PUBLIC HEARING / reference) PLANNED DEVELOPMENT 8. 2014 Comprehensive Plan (by reference) CONCEPT PLAN / PDC-12-21- 8092 / “Redwood Blue Ms. Jackie Sommer introduced Exhibits 1 through 8 for Agenda Item 6 into the Springs” / North of SW public record on behalf of the applicant. Wyatt Rd., approx. 500-ft. Exhibits: west of SW 7 Hwy. 1. Staff Report with attachments 2. Applicant Plans with attachments & 3. Affidavit of Publication in The Examiner on January 8, 2022 4. 185 ft. Notification Map PRELIMINARY PLAT / 5. Names/addresses of property owners within 185 ft. of site PP-12-21-8094 / “Redwood 6. Copy of letter sent to said property owners Blue Springs” / Northwest 7. Title IV, Land Use Section – Blue Springs Code of Ordinances (by corner of SW Wyatt Rd. & reference) SW 7 Hwy. 8. 2014 Comprehensive Plan (by reference) Matt Wright, Assistant Director, Community Development, presented the request to the Planning Commission. Commissioner Ken Billups Jr. presented a concern with private streets and QUESTIONS then questioned the difference between public and private streets. The lack of curbing also raises a red flag with Commissioner Billups Jr. Mr. Wright presents the diagram provided detailing how the private street is to be constructed and defers Commissioner Billups’ question to Adam Hilgedick, Assistant Director, Public Works. Mr. Hilgedick explains this street has a different design to where it is inverted and not crowned, allowing water to come to the center, as public streets in Blue Springs have a curb and gutter routing to the storm water system. Mr. Hilgedick further explains the inverted design is sufficient for storm water collection, just differs from our typical street construction. Mr. Hilgedick explains the private streets maintenance would be solely put upon the development team/ownership and the City would not assist (i.e., snowplow, pothole maintenance.). Mr. Hilgedick informs us further that this street is constructed out of concrete and Blue Springs does construct streets with asphalt out of preference. Mr. Hilgedick advises the Commission concrete is a suitable drive surface and just not the City’s street construction preference. P.C. Minutes – 1.24.2022 Page 7 of24 AK Commissioner Billups questions if the City’s sidewalk would be 22 foot wide with a sidewalk on top of it. Mr. Hilgedick states our normal street is 24 feet wide, but that is the drive area, that is in between the concrete curbs, add another foot to each side with the total being around 26 feet. The proposed private street is 28 feet wide when you add the drive plus the sidewalk. Commissioner Billups raises his concern that hopefully no one will drive on the sidewalk, due to lack of curbs. Mr. Hilgedick responds to the concern stating emergency vehicles would then have additional lane width in the event of blockage. Commissioner Mitchell Peil had an inquiry but revoked it. Commissioner Jacob Honeycutt questions clarification about Blue Springs public streets being 26 feet wide. Mr. Hilgedick states 28 feet back-to-back, which includes 4 feet of curb, so it is a 24-foot drive. Commissioner Honeycutt states the private street is 22 feet wide and questions about on street parking. Mr. Hilgedick responds that no on street parking is allowed in the proposed development. APPLICANT Richard Batt, Redwood Living, 7007 E Pleasant Valley Road, Independence, Ohio, 44131. Mr. Batt presents to the Planning Commission who Redwood is and what they do. Mr. Batt presents a slideshow presentation which describes Redwood Living in detail along with renter statistics. Redwood Living is to be a 124 two-bedroom, two-bathroom, single-story apartment homes with private attached two-car garages, along with a single- story leasing office/maintenance garage. A walking trail is proposed as a recreational amenity and will allow the future residents to enjoy the preserved wetlands. Redwood Living also plans to construct a portion of the extension of Major Road and assist with extending the off-site sewer line, which then will provide sewer for the development. After the presentation commenced Ms. Jackie Sommer asked Mr. Batt if he would like to enter the slideshow as an exhibit to our record. Mr. Batt agreed. P.C. Minutes – 1.24.2022 Page 8 of24 AK QUESTIONS Commissioner Susan Stokenbury questioned the completion date of the development. Mr. Batt stated construction would like to begin in late summer/early fall and completion will be approximately one year. Commission Billups applauds the housing type but is still heavily concerned with the private street due to less than desirable experiences in the past. Mr. Batt stated their private streets are different because in the past it was probably a condominium project. Commission Billups stated no, it was a commercial project. Mr. Batt states if the streets are not maintained in the development, then the tenants leave, it something they must do. Commission Billups then questions the parking on the street not allowed and how it is enforced. Mr. Batt states they will address the issue with the tenant. Commissioner Billups states that if one car parks on the narrow street, it will then cause an issue. Mr. Batt states we really do enforce no parking on the street. Commissioner Billups further questions if the development will have an on-site manager. Mr. Batt states they will have an on-site manager as well as on-site maintenance staff. Commissioner Byron Craddolph questions how they handle on street parking. Mr. Batt brings up who will handle on street parking violators. Kate Vismeg, Redwood Living, 7007 E Pleasant Valley Road, Independence, Ohio, 44131. Ms. Vismeg states the site mangers have a good relationship with the tenants and two-way communication. The good relationships allow on-site manager to speak with the tenants who may have violated the on-street park and then if there is an excessive issue, they have the right to have the car towed. Commissioner Craddoplh applauds the ADA design and accessibility the development has proposed, as well as the walkable neighborhood. Commissioner Craddolph questions if they development uses solar energy and how siding maintenance is handled. P.C. Minutes – 1.24.2022 Page 9 of24 AK Mr. Batt states no they do no use solar energy, and they own their own power washing crew to clean the siding on a scheduled basis. Commission Peil questions the statement on the application “unlock the potential of buildup equity” for further explanation. Mr. Batt responds that the quote is in reference to people selling their homes and have the additional equity to use for whatever purpose they desire. Mr. Batt explains we are in a time where pensions and 401K payments aren’t what they used to be, and people turn to their home equity for retirement means. Commissioner Peil questions if only one maintenance person is on site. Mr. Batt states yes, but we contract out most of the maintenance. Commissioner Peil questions if there is a non-standard lease, as a standard one- year lease was mentioned in the presentation. Mr. Batt states under special circumstances, yes and that they are contemplating two- and three-year leases. Commissioner Peil question about a month-to-month lease option. Mr. Batt states typical no, as they nonstandard lease option is a special case scenario. Commissioner Jacob Honeycutt questions the target rent for the proposed development. Mr. Batt states $1,800-$2,000. Commissioner Susan Stokenbury questions the rent for the larger units. Mr. Batt states they are a limited quantity in the development and that rent would be higher, possibly $2,300-$2,400. Commissioner Stokenbury questions if they are 3-bedrooms or only 2- bedrooms. Mr. Batt states all units are 2-bedroom. Commissioner Lynn Banks questions in addition to the rent, are additional maintenance fees imposed. Mr. Batt states no other than the tenants own utilities. WITNESSES David Judd, Blue Springs Christian Church, 7920 South 7 Highway, Blue IN FAVOR Springs. P.C. Minutes – 1.24.2022 Page 10 of24 AK Mr. Judd expressed his approval for the development as the development team reached out to the church and explained what will be happening. Mr. Judd explains that he likes good neighbors, wants more development on 7 Highway to bring more families in to minister them. WITNESSES Bob Chaney, 1008 SE Scarlet Ct., Blue Springs. OPPOSED Mr. Chaney addresses the Planning Commission with his first concern being the commercial tract next to the proposed development. Mr. Chaney would like the Planning Commission to think about the open retail spaces along 7 Highway currently. Mr. Chaney does not think the demand for commercial like properties is necessary. Mr. Chaney explains he likes the way The Retreat is setup with a 50-foot buffer from 7 Highway and would like the Commission to keep that type of design in mind versus one long strip mall. Mr. Chaney then begins to comment on the apartment dwelling definition and questions if this development should be looked at as duplexes or row housing. Mr. Chaney then expresses why not complete the entire Major Road expansion to the West of the lot now and not wait to complete it in the future. Mr. Chaney likes the projects and wishes for any of his comments to not be taken out of context. Kevin Fields, 25809 SW Wyatt Rd., Blue Springs. Mr. Fields questions why do we need another one? We have plenty of multi- family housing and Mr. Fields doesn’t see why we need more. Commissioner Peil comments on how the development does not meet the DISCUSSION Residential Design code requirement concerning garage coverage and the dislike for shared entries. Commissioner Peil will most likely voting against the development. Commissioner Banks states she has seen a similar development during her travels but can’t recall where. Commissioner Banks comments on the ease of mowing without the curb on the street. Commissioner Banks is very much in favor of this type of project, because we don’t have this type of project here. HEARING CLOSED The public hearing closed at 7:39 pm P.C. Minutes – 1.24.2022 Page 11 of24 AK MOTION Commissioner Lynn Banks moved to approve the Rezoning / RZ-12-21-8093 REZONING / RZ-12-21- / “Redwood Blue Springs” / North of SW Wyatt Rd., approx. 500-ft. west of 8093 / “Redwood Blue SW 7 Hwy. Springs” / North of SW Wyatt Rd., approx. 500-ft. west of SW 7 Hwy. SECOND Seconded by Commissioner Jacob Honeycutt. VOTE LaKeisha Veal – Aye Tom Rohr – Aye Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Aye Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (10-Aye, 0-No) To be heard by City Council, Monday, February 7, 2022. MOTION Commissioner Lynn Banks moved to approve the Planned Development PLANNED DEVELOPMENT Concept Plan / PDC-12-21-8092 / “Redwood Blue Springs” / North of SW CONCEPT PLAN / PDC-12-21- Wyatt Rd., approx. 500-ft. west of SW 7 Hwy with one condition. 8092 / “Redwood Blue Springs” / North of SW Wyatt Rd., approx. 500-ft. west of SW 7 Hwy. Seconded by Commissioner Jacob Honeycutt. SECOND VOTE LaKeisha Veal – Aye Tom Rohr – Aye Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Nay Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (9-Aye, 1-No) To be heard by City Council, Monday, February 7, 2022. STAFF CONDITIONS 1. Approval is 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, except the following requirements modified by the PD Concept Plan and any other requirements established within the PD Standards: a. Per UDC Section 407.080, increase the maximum garage coverage from 25% to 74%. P.C. Minutes – 1.24.2022 Page 12 of24 AK b. Per UDC Section 407.020 and 407.080, a 6-ft. sidewalk is only required on one side of each internal access drive to meet the pedestrian access requirements for multi-family developments over 3 acres. MOTION Commissioner Lynn Banks moved to approve the Preliminary Plat / PP-12-21- PRELIMINARY PLAT / 8094 / “Redwood Blue Springs” / North of SW Wyatt Rd., approx. 500-ft. PP-12-21-8094 / “Redwood west of SW 7 Hwy. with six conditions. Blue Springs” / Northwest corner of SW Wyatt Rd. & SW 7 Hwy SECOND Seconded by Commissioner Byron Craddolph. VOTE LaKeisha Veal – Aye Tom Rohr – Aye Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Nay Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (9-Aye, 1-No) STAFF CONDITIONS 1. Approval is based on the representation of any drawings presented as part of this application does not waive any requirement or development standard contained in the UDC, except as modified by the PD Concept Plan. 2. Approval of the Preliminary Plat is rescinded if the PD Concept Plan (PDC-12-21-8092) is denied by the City Council. 3. Prior to Final Plat approval, the following must occur: a. A PD Final Plan/Site Plan Design Review must be approved, finalizing the proposed amenities, landscaping, and building design. b. Access easements shall be delineated and dedicated over all internal access drives for emergency vehicle access and other service vehicles on the Final Plat. c. All right-of-way and easements must be shown as required by Public Works. 4. Prior to Building Permit issuance, the Final Plat must be recorded at Jackson County. 5. Prior to occupancy of the first unit, the following must be completed: a. All public improvements (streets, sanitary sewer, sidewalks, etc.). b. All common amenities (trails, common mailboxes, etc.). c. All landscaping within landscape buffers and within the preserve/trail active open space areas. If these improvements are delayed due to weather, a financial guarantee may be accepted, but all improvements shall be completed within 6 months of occupancy. P.C. Minutes – 1.24.2022 Page 13 of24 AK d. An ADA Sidewalk Plan shall be submitted with final construction plans. e. A Storm Water Drainage Study must be submitted and approved by the Engineering Division of the Public Works Department prior to approval of the Final Plat by the City Council. f. As-builts and 2-year maintenance bonds on the street, storm sewers, and sanitary sewers shall be submitted prior to approval of the Final Plat by the City Council. g. A sealed letter by a Registered Professional Engineer in the State of Missouri stating the detention basin has been improved per the approved plans and will function as designed shall be submitted prior to approval of the Final Plat by the City Council. h. A letter of Final Acceptance from Public Water Supply District 13 stating water lines have been fully completed and all documentation has been provided to the District must be submitted prior to approval of the Final Plat by the City Council. 6. Prior to occupancy of each building, the following must be completed: a. All parking and access improvements to the building and units, including sidewalks to individual entrances and along the internal access drive (where required). b. All landscaping nearest to the building. If these improvements are delayed due to weather, a financial guarantee may be accepted, but all improvements shall be completed within 6 months of occupancy. AGENDA ITEM 7 The public hearing for Agenda Item 7 was opened at 7:41 p.m. with a request PUBLIC HEARING / SITE for exhibits from the City Attorney. Ms. Jackie Sommer introduced Exhibits 1 PLAN DESIGN REVIEW through 8 for Agenda Item 4 into the public record on behalf of the applicant. (ALTERNATIVE Exhibits: DEVELOPMENT 1. Staff Report with attachments STANDARDS) / SPDR-12- 2. Applicant Plans with attachments 21-8101 / “Rancho’s 3. Affidavit of Publication in The Examiner on January 8, 2022 Mexican Restaurant” / 803 4. 185 ft. Notification Map NW 7 Hwy. 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) Shana Kelly, Associate Planner, presented the request to the Planning Commission. QUESTIONS Commissioner Lynn Banks questions about delivery and trash trucks timing. Ms. Kelly defers the question to the applicant. P.C. Minutes – 1.24.2022 Page 14 of24 AK APPLICANT Jose Angel-Martinez, Architect, 10201 Oakridge Drive, Overland Park, Kansas. Mr. Martinez represents the new owners and states that the owners were unaware of the conditions not met previously in 2005. Additionally, the new owners were unaware of no business license being issued for a restaurant and that the additional parking encroached on the 25-foot landscape buffer. Mr. Martinez comments on the shared common access easement implemented by the City and how the burden of maintenance falls upon the new owners. Furthermore, limits the flexibility of the property. Mr. Martinez presents that the parking lot in the rear will be removed and allow the stacking lane and a generous amount of landscape. Yet in order to achieve the stacking requirement, four parking spaces were removed. QUESTIONS Commissioner LaKeisha Veal questions if an additional lane will be added due to a near accident occurring the past weekend. Mr. Martinez states the property is vacant. Commissioner Veal responds back with what will happen when it is occupied and more traffic. Mr. Martinez states that the drawing represents three lanes and that it is wide enough. One lane is dedicating to the stacking. Commissioner Banks questions about the deliveries and trash trucks timing, Mr. Martinez states normally deliveries happen on off hours, either early or late. The dumpster is staying in its current location and Mr. Martinez states it is easily accessible. Commissioner Byron Craddolph appreciates the effort to fill the space due to its difficult nature. Then questions if any food delivery services (i.e., Door Dash, Uber Eats, etc.) will be offered. Mr. Martinez did not have an answer, yet stated the owners have a current restaurant in Blue Springs, which is family owned and operated. Commission Banks questions if trees can be substituted for shrubs in the front due to visibility issues. Ms. Kelly explains that was to fulfill the street tree requirement. Matt Wright further explains the trees were required from the initial approval and then removed. Mr. Wright explains that if the Planning Commission does not believe the trees are acceptable, they can implement an alternative compliance landscape plan. P.C. Minutes – 1.24.2022 Page 15 of24 AK Commissioner Mitchell Peil questions the location of the menu board and the anticipated service time from when you place the order to when you receive the food. Mr. Martinez states the order station is about four cars back on the drawing and could not answer the service time question. Commissioner Peil thanks the applicant for attempting to answer the question and raises his concern for stacking back up due to possible long food wait times. Mr. Martinez rebuttals with stating the owners receives a lot of call-in orders. Commissioner Tom Rohr addresses his question to staff about the bolding multiple times to have the applicant follow Public Work requirements. Ms. Kelly states for further emphasis. Commissioner Craddolph also questions staff about the previous business at the location and its operations. Ms. Kelly states that it was a drive thru only chicken restaurant with a nail salon. Mr. Wright states it was approved in 2004 as a two- tenant building with a drive thru only restaurant and nail salon. Due to parking access concerns the restaurant was deemed drive thru only under that approval. According to business license records the restaurant only lasted about two years and has been vacant since 2007 or 2008. For the last 12 years the nail salon has been the only tenant. Mr. Wright further explains due to the restaurant vacancy the new owners were required to go through the site plan design review process because any previous nonconformities were lost. Additionally, the T-Mobile was added and amplified the need for re-evaluation of the site. Mr. Wright explains this was brought before the Planning Commission in November and since then the applicant has revised the plan, but the plan still raises some concerns. Due to the size and access limitations anything going into the site would be a concern. Mike Mallon, Director, Community Development questions the applicant if the owners ever max out their drive thru capabilities during peak hours. Mr. Martinez states that nobody can predict or control their drive thru capabilities. The owners have not expressed any concerns in the matter of stacking. Commissioner Craddolph ponders if the owners could reevaluate and come back with a better plan. Then questions if the applicant is sure about the proposed eight car stacking. P.C. Minutes – 1.24.2022 Page 16 of24 AK Mr. Martinez does not see how you can predict or foresee stacking issues. Then states the plan is proportionate to the size of the business. WITNESSES None. IN FAVOR WITNESSES Joy and Lori Copes, 9525 Cotswold Ln., Lincoln, NE OPPOSED The Copes opposition is concurrent with what has been previously discussed by the Commissioners. Mrs. Copes explains that the entrance is only twenty-five feet wide and not three lanes wide, turning in and out is very difficult. Mrs. Copes references to the drawing spots seven and eight and if the drive thru lane backs up it will cause blockage for her customers leaving. Mrs. Copes purchased the building after construction and approvals were completed and understand that parking is an issue for her customers. T-Mobile does pay for an additional eight spots next door for employee parking. Mrs. Copes raises concern where the food customers will go if their order is not ready. She also explains that some T-Mobile customers park across the street and cross 7 Highway due to parking issues. Mrs. Copes then brings up the handicap parking spot and that it does not have an access lane and is just blocked in. She is unsure of the ADA requirements. Mr. Copes re-emphasizes the previous concerns mentioned. The Copes both are highly concerned with the additional traffic and congestion to potentially happen. Commissioner Craddolph asked if Mr. and Mrs. Copes ever thought of buying the restaurant property. Mrs. Copes states they didn’t and wish they had thought of purchasing the property. Commissioner Banks clarifies the Copes own the land and building leased to T-Mobile. Brian Blackwell, T-Mobile, 6301 N Bales Ave., Gladstone, MO. Mr. Blackwell states he became manager last March and has seen the site with a tenant in place. At times with the nail salon occupied, cars would stack in the T-Mobile entry way causing congestion. P.C. Minutes – 1.24.2022 Page 17 of24 AK Mr. Blackwell states that complaints are relayed three to five times a week in regards to the parking situation at T-Mobile. Mr. Blackwell continues to raise concern with the parking lot overload with a restaurant possibly being put in place. Commissioner Peil questioned the operating hours of T-Mobile. Mr. Blackwell states they are open 11:00 am to 6:00 pm on Sundays and Monday thru Saturday 10:00 am to 8:00 pm. Mr. Martinez states that the site was in place prior to T-Mobile and the parking issues raising concern is due to the City implementing the common access agreement. Mr. Martinez implies the City is at fault for creating a bad situation, but the proposed site plan is an acceptable solution. Commissioner Peil questions the new owners’ restaurant hours of operation. Mr. Martinez states that at first, he is not sure and then thinks they open at 11:00 am and close around 8:00 pm or 9:00 pm. Commissioner Craddolph questions how this site differs from the other store mentioning the other restaurant has a bar and sells alcohol. Mr. Martinez states the site is drive thru/carry out only and alcohol is not being considered. Commissioner Jacob Honeycutt states the site is way too small, way too cramped and the stacking issues raises lots of concern. Parking is minimal, but this site has a greater parking issue than T-Mobile. Overall Commissioner Honeycutt cannot support the project. Commissioner Craddolph relays the applicant is stuck between a rock and hard place and they are compliant, according to Staff, it creates a difficult decision. Commissioner Banks states that if the stacking is that way it should be, then she is not in favor of not letting a business be a business. She further states there are things we can do to allow this as in change out the trees for shrubs. Commissioner Banks is not in favor of not allowing a business to be in place when we caused the problem. She will be voting in favor. Commissioner Ken Billups Jr. agrees with Commissioner Banks and will be voting in favor. HEARING CLOSED The public hearing closed at 7:39 pm. P.C. Minutes – 1.24.2022 Page 18 of24 AK MOTION Commissioner Mitchell Peil moved to approve the Site Plan Design Review SITE PLAN DESIGN with Alternative Development Standards / SPDR-12-21-8101 / “Rancho’s REVIEW Mexican Restaurant” / 803 NW 7 Hwy. with three conditions. (ALTERNATIVE DEVELOPMENT STANDARDS) / SPDR-12- 21-8101 / “Rancho’s Mexican Restaurant” / 803 NW 7 Hwy. SECOND Seconded by Commissioner Jacob Honeycutt. QUESTION Commissioner Lynn Banks questions if we are leaving the trees as a condition. Ms. Jackie Sommer questions Commissioner Banks if she would like to make a motion for an amendment. MOTION TO AMEND Commissioner Lynn Banks moved to amend the Site Plan Design Review THE with Alternative Development Standards / SPDR-12-21-8101 / “Rancho’s SITE PLAN DESIGN Mexican Restaurant” / 803 NW 7 Hwy. to remove the two street trees REVIEW condition requirement and replace with two shrubs. (ALTERNATIVE DEVELOPMENT STANDARDS) / SPDR-12- 21-8101 / “Rancho’s Mexican Restaurant” / 803 NW 7 Hwy. SECOND Seconded by Commissioner Jacob Honeycutt. VOTE LaKeisha Veal – Nay Tom Rohr – Nay Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Nay Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL MOTION (7-Aye, 3-No) SITE PLAN DESIGN REVIEW (ALTERNATIVE Commissioner Mitchell Peil moved to approve the Site Plan Design Review DEVELOPMENT with Alternative Development Standards / SPDR-12-21-8101 / “Rancho’s STANDARDS) / SPDR-12- Mexican Restaurant” / 803 NW 7 Hwy. with three conditions and the one 21-8101 / “Rancho’s amendment of bushes instead of trees. Mexican Restaurant” / 803 NW 7 Hwy. P.C. Minutes – 1.24.2022 Page 19 of24 AK SECOND Seconded by Commissioner Jacob Honeycutt. VOTE LaKeisha Veal – Nay Tom Rohr – Nay Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Nay Mitchell Peil – Aye Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (7-Aye, 3-No) STAFF CONDITIONS 1. Approval is based on the representations of the drawings presented as part of this application does not waive any requirement or development standard contained in the UDC unless modified by the approval of the following Alternative Development Standards: a. A reduction in the required parking spaces from eight (8) to six (6); and, b. A waiver for the rear 25’ landscape buffer. 2. A stormwater study shall be developed and submitted for review to Public Works addressing required detention volume, and improvements to the site shall be constructed prior to issuance of a Building Permit. 3. Two (2) Street Trees shrubs must be planted prior to issuance of a Certificate of Occupancy. AGENDA ITEM 10 Shana Kelly, Associate Planner, presented the request to the Planning PLANNED Commission. DEVELOPMENT FINAL PLAN / PDF-12-21-8080 / “Chapman Ridge 1st Phase” / West of SE Chapman Ridge Dr., approx. 250-ft. north of Colbern Rd. & AGENDA ITEM 11 FINAL PLAT / PF-12-21- 8077 / “Chapman Ridge 1st Phase” / West of SE Chapman Ridge Dr., approx. 250-ft. north of Colbern Rd. P.C. Minutes – 1.24.2022 Page 20 of24 AK QUESTIONS None. APPLICANT Jim Long, Schlagle, 14920 W 107th St., Lenexa, Kansas. QUESTIONS None. DISCUSISON None. MOTION PLANNED Commissioner Mitchell Peil moved to approve the Planned Development Final DEVELOPMENT FINAL Plan / PDF-12-21-8080 / “Chapman Ridge 1st Phase” / West of SE Chapman PLAN / PDF-12-21-8080 / Ridge Dr., approx. 250-ft north of Colbern Rd. with five conditions. “Chapman Ridge 1st Phase” / West of SE Chapman Ridge Dr., approx. 250-ft. north of Colbern Rd. SECOND Commissioner Byron Craddolph seconded. VOTE LaKeisha Veal – Aye Tom Rohr – Aye Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Aye Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (10-Aye, 0-No) STAFF CONDITIONS 1. Approval is 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, except the following requirements are modified as permitted by UDC Section 403.040, Planned Developments: a. Allow up to ten (10) Standard Duplexes on one (1) lot, provided all buildings meet a minimum side building separation of 20 feet and rear building separation of 40 feet. UDC Section 405.010.B restricts Standard Duplexes to one (1) per lot. b. Reduce the parking lot street frontage setback to 20 feet to keep in line with the required front building setback. UDC Section 404.090.D requires a twenty-five (25) foot parking setback from all street frontages. c. Allow the City’s right-of-way and 5-foot required public sidewalk along SE Chapman Ridge Drive to count as the “Trail” P.C. Minutes – 1.24.2022 Page 21 of24 AK Open Space System type, provided the sidewalk is widened to 8- feet. UDC Section 406.030.E requires the Trail to be located entirely on private property. d. Allow the proposed Pollinator Gardens to count as the Community Garden Open Space System type, encouraging other hobbies beyond gardening. UDC Section 406.030.E requires that Community Gardens are used for crops only. 2. Prior to Final Plat approval, the following must occur a. Build lines and easements must be removed and vacated as necessary. b. A Preliminary Plat must be approved, finalizing all required and warranted public improvements. A Traffic Memo must be submitted with the Preliminary Plat. c. All public improvements must be installed or financially guaranteed as required by the Preliminary Plat. d. A PD Final Plan must be approved, finalizing the proposed amenities, landscaping, and building design. e. All amenities and landscaping within the Open Space Systems and all landscaping around the Detention Basin must be installed or financially guaranteed. If financially guaranteed, all amenities must be installed and inspected prior to occupancy of any dwelling unit within the development. 3. Prior to Building Permit issuance, the Final Plat must be recorded at Jackson County. 4. Prior to occupancy of the first unit, the 8’ Trail shall be constructed and accepted by Public Works. 5. Prior to occupancy of each building, the following must occur: a. Any remaining landscaping (i.e. street trees, front yard plantings, seed/sod, etc.) must be installed by the nearest building to the required landscaping. b. Any remaining public sidewalk must be installed by the nearest building to the required sidewalk. MOTION Commissioner Mitchell Peil moved to approve the Final Plat / PF-12-21-8077 / FINAL PLAT / PF-12-21- “Chapman Ridge 1st Phase” / West of SE Chapman Ridge Dr., approx. 250-ft. 8077 / “Chapman Ridge 1st north of Colbern Rd. with four conditions. Phase” / West of SE Chapman Ridge Dr., approx. 250-ft. north of Colbern Rd. Commissioner Jacob Honeycutt seconded. SECOND P.C. Minutes – 1.24.2022 Page 22 of24 AK VOTE LaKeisha Veal – Aye Tom Rohr – Aye Lynn Banks – Aye Chad Sanderson, Chair – Aye Ken Billups Jr. – Aye Jacob Honeycutt – Aye Mitchell Peil – Aye Travis Graham - Aye Susan Stokenbury - Aye Byron Craddolph – Aye RECOMMENDED APPROVAL (10-Aye, 0-No) STAFF CONDITIONS 1. Approval is based on the representations of any drawings presented as part of this application does not waive any requirements or development standard contained in the UDC unless previously modified under the approved PUD Concept Plan. 2. Prior to Final Plat approval, the following must occur a. All public improvements must be installed or financially guaranteed as required by Public Works. b. Private Sewer system infrastructure shall be installed and operational. c. As-builts and 2-year maintenance bonds on the street, storm sewers, and sanitary sewers shall be submitted prior to approval of the Final Plat by the City Council. d. A sealed letter by a Registered Professional Engineer in the State of Missouri stating the detention basin has been improved per the approved plans and will function as designed shall be submitted prior to approval of the Final Plat by the City Council. e. A letter of Final Acceptance from Public Water Supply District 13 stating water lines have been fully completed and all documentation has been provided to the District must be submitted prior to approval of the Final Plat by the City Council. 3. Prior to building permit issuance, the Final Plat must be approved and recorded with Jackson County. 4. Prior to occupancy of the lot, the following must be completed: a. All public improvements as required by Public Works; and b. All required development standards, including street trees and site landscaping as approved by the PD Final Plan. OTHER BUSINESS Matt Wright, Assistant Director, Community Developments stated the next meeting will be Monday, February 14, 2022. P.C. Minutes – 1.24.2022 Page 23 of24 AK

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