Planning Commission Agendas

PLANNING COMMISSION MEETING AGENDA Monday, October 23, 2023 – 6:30 p.m. Howard L. Brown Public Safety Building – 1100 SW Smith Street Council Chambers The meeting can be viewed live only on Blue Springs Channel 7, AT&T Channel 99 and www.bluespringsgov.com/CityMeetingsLive 1 CALL TO ORDER – PLEDGE OF ALLEGIANCE - CONSENT AGENDA (All items under Consent Agenda are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and considered separately.) a) MINUTES October 9, 2023 2 MASTER / ALTERNATIVE SIGN PLAN / ASP-09-23-8885 / “Mall at Fall Creek” / 1209-1257 SW 7 Hwy. 3 OTHER BUSINESS: The next scheduled meeting is Monday, November 13, 2023. 5 ADJOURN If special accommodations are required for citizen participation in this meeting, PLEASE CALL 816-228-0207 (VOICE) OR 816-228-0250 (TDD) Agenda posted at the following locations: City Hall, 903 W. Main Street City’s website http://www.bluespringsgov.com/AgendaCenter October 19, 2023 A quorum of the City Council may be in attendance however no City Council votes will be taken. Public Hearing Comments: If you would like to make a public comment during a public hearing, we request that you submit a Speaker Appearance Form prior to 4:00 p.m. the day of the meeting. There will be hard copies of the Speaker Appearance Form located at the entrance of the Multipurpose Room. After completion, the form is to be given to Recording Secretary, prior to the start of the meeting. The Chairperson will call upon you by announcing your First and Last Name. You will be sworn in by a Public Stenographer and asked to state your full name and address for the record before giving your testimony. Mike Mallon, Director of Community Development 10.23.2023 Page 1 of 1 AB  City of Blue Springs 903 Main Blue Springs, Missouri 64015 Planning Commission MINUTES Monday, October 9, 2023 Media Link: October 9, 2023, 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, October 9, 2023, 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 Tom Rohr, Secretary (Vice Chairperson) Bob Morton Chad Sanderson Travis Graham Chris Henning Richard How Susan Stokenbury STAFF PRESENT Mike Mallon, Director, Community Development Cara Elbert, Assistant Director of Community Development/Recording Secretary Dave McCumber, Development Review Manager Adair Bright, Associate Planner Sarah Carnes, City Attorney Adam Hilgedick, City Engineer Jerry Kaylor, Councilmember, District 1, Council Liaison ABSENT Byron Craddolph, Chairperson Jennifer Ritschel Smith CALL TO ORDER Tom Rohr, Vice Chairperson, called the meeting to order at 6:30 p.m., with a request that everyone stand for the Pledge of Allegiance. CONSENT AGENDA Vice Chairperson Rohr requested action on the Consent Agenda with a APPROVAL motion by Commissioner How and a second from Commissioner Graham and a unanimous vote, the minutes of September 25, 2023, were approved. AGENDA ITEM 2 The public hearing for Agenda Item 2 was opened at 6:32 pm with a request for the exhibits from the City Attorney, who introduced Exhibits 1 PC Minutes 10.09.2023 AB Page 1 of 4 PUBLIC HEARING / through 5 into the public record on behalf of the applicant. UDC TEXT AMENDMENT / Exhibits: UDCT-09-23-8882 / 1. Staff Report with attachments “UDC Text Amendment – 2. Applicant Plans with attachments FEMA Floodplain Maps” 3. Affidavit of Publication in The Examiner on September 16, 2023 4. Title IV, Land Use Section – Blue Springs Code of Ordinances (by reference) 5. 2014 Comprehensive Plan (by reference) Mike Mallon, Director of Community Development, presented the request to the Planning Commission. QUESTIONS None. APPLICANT N/A. WITNESSES IN None. FAVOR WITNESSES None OPPOSED PUBLIC COMMENT Vice Chairperson Rohr stated the public commentary of the Public Hearing is now closed. DISCUSSION None PUBLIC HEARING The Public Hearing was closed at 6:35 p.m. CLOSED MOTION Commissioner Sanderson moved to approve the UDC Text Amendment / PUBLIC HEARING / UDCT-09-23-8882 / “UDC Text Amendment – FEMA Floodplain Maps.” UDC TEXT AMENDMENT / UDCT-09-23-8882 / “UDC Text Amendment – FEMA Floodplain Maps” SECOND Commissioner How seconded. VOTE Tom Rohr – Aye Travis Graham – Aye Chad Sanderson – Aye Chris Henning – Aye PC Minutes 10.09.2023 AB Page 2 of 4  Bob Morton – Aye Susan Stokenbury – Aye Richard How – Aye RECOMMENDED APPROVAL (7-Aye, 0-No) This item will be heard at the October 16, 2023, City Council Meeting. STAFF CONDITIONS None. AGENDA ITEM 3 / Adair Bright, Associate Planner, presented the request to the Planning FINAL PLAT/ PF-08- Commission. 23-8870 / “Four Pillars 5th Plat” / South of NE Roanoke Drive & East of Four Pillars 4th Plat QUESTIONS Commissioner Stokenbury asked when the development will be completed. Ms. Bright stated she is unsure when all the houses will be constructed, but she believes the PR-O Concept Plan was originally approved in 2001. APPLICANT Tom Clemons, Area Surveyors, PO Box 324, Grandview, MO 64030. DISCUSSION None. MOTION Commissioner How moved to approved the Final Plat / PF-08-23-8870 / FINAL PLAT / PF-08- “Four Pillars 5th Plat” / South of NE Roanoke Drive & East of Four Pillars 23-8870 / “Four Pillars 5th 4th Plat with four (4) staff conditions. Plat” / South of NE Roanoke Drive & East of Four Pillars 4th Plat SECOND Commissioner Henning seconded. VOTE Tom Rohr – Aye Travis Graham – Aye Chad Sanderson – Aye Chris Henning – Aye Bob Morton – Aye Susan Stokenbury – Aye Richard How – Aye RECOMMENDED APPROVAL (7-Aye, 0-No) This item will be heard at the October 16, 2023, City Council Meeting. STAFF CONDITIONS 1. Approval based on the representations of any drawings presented as part of this application does not waive any requirements or development standards contained in the UDC unless modified under the PR-O Concept Plan. PC Minutes 10.09.2023 AB Page 3 of 4  2. Prior to recording the Final Plat at Jackson County the applicant must provide a copy of the Declarations of Restrictions to the City. 3. Prior to building permit issuance, the following must occur: a. The Final Plat must be recorded with Jackson County and returned to the City; and, b. The recorded Declaration of Restriction documents shall be recorded. 4. Prior to occupancy of each lot, the following must occur: a. The required landscaping for each lot shall be installed; and, b. The required public sidewalk for each lot shall be installed. OTHER BUSINESS The next scheduled meeting is Monday, October 23, 2023. Mike Mallon, Director of Community Development, presented the September 2023 Community Development Monthly Activity Report. MEETING ADJOURN With no further discussion, a motion was made by Commissioner Stokenbury and seconded by Commissioner Sanderson and the meeting adjourned at 6:42 p.m. ___________________________________ Respectfully Submitted by Cara Elbert, Recording Secretary ________________________________ Tom Rohr, Vice Chairperson __________________________________ Date PC Minutes 10.09.2023 AB Page 4 of 4 PLANNING APPLICATION REVIEW STAFF REPORT Meeting Dates: Planning Commission: October 23, 2023 Project Name: Mall at Fall Creek Site Location: 1209-1257 SW 7 Hwy Project Request: ASP-09-23-8885; Master / Alternative Sign Plan for the installation of ground- mounted signage Applicant: Stuart Foster / Asset Holding, LLC Property Owner: Top Star LLC Staff Planner: Jamarcus Magee, Associate Planner Project Description: The applicant is requesting approval of a Master / Alternative Sign Plan to Amend that existing Master Sign Plan for Mall at Fall Creek at 1209-1257 SW 7 Hwy. The purpose of the request is to allow for an additional multi-tenant monument sign that deviates from the Sign Code. The deviation includes the following: 1. An off-premises monument sign for properties within 60-ft. of Mall at Fall Creek, which is not allowed under the current Sign Code. 2. 5-sf. of additional sign area beyond what is allowed. 3. 2-ft. reduction in exterior property setback. 4. The sign’s proposed location does not meet the minimum spacing of 250-ft., which is required between ground-mounted signs located on the same property and same frontage. 5. The number of signs allowed along the same lot frontage area. Staff Recommendation: Staff does not recommend approval of the Master / Alternative Sign Plan application. Staff has recommended conditions at the end of the staff report if the vote is to approve the Master / Alternative Sign Plan. Previous Actions: Date Review Body Action 04/15/1996 City Council Approved the rezoning (R-2-1996) property from R-1 (Single Family Residential District) to GB (General Business District) by Ordinance No. 2666 09/03/1997 City Council Approved the rezoning (R-7-97) property from GB (General Business District) and establishing said property as a Restricted Overlay District by Ordinance No. 3001 03/01/1999 City Council Approved the Final Plat of Mall at Fall Creek, 1st Plat, PUD, Lots 1-8 and Tract A. Ord. 3121 06/21/1999 City Council Approved the Final Plat of Mall at Fall Creek, 1st Plat/PUD Replat, Lots 1-8 and Tract A. Ord. 3138 02/05/2007 City Council Approved the Third Amendment to Development Agreement as Amended and Authorizing the May of the City of Blue Springs to sign a Development Agreement with Top Star, LLC Regarding Mall at Fall Creek. Ord. 4030 Future Applications: The applicable building and sign permits must be obtained prior to installation. Page 1 of 5  Project: Mall at Fall Creek Plan Case: ASP-09-23-8885 Adjacent Properties: Direction Current Zoning Current Land Use(s) North: “GB/PUD/R-O” (General “GB/PUD/R-O” (General Business) Business) Multi-Family (Retail) South: Right-of-Way SW Clark Road (Local) East: Right-of-Way SW 7 Highway (Arterial) West: Right-of-Way SW Luttrell Rd. (Minor Collector) MASTER / ALTERNATIVE SIGN PLAN ANALYSIS A master / alternative sign plan provides flexibility within the sign code for exceptions to be made on a case-by-case basis dependent upon location, use, and visibility from the public right-of-way. Overview: The applicant is requesting the following deviations from the City’s Sign Code: 1. Allowance of an off-premises monument sign. The Applicant is requesting a monument sign located on the Mall at Fall Creek property, which is within 60- ft. of Lot 1; Steak and Shake Blue Springs 1st Plat. 2. 5-sf. of additional sign area beyond what is allowed. 3. 2-ft. reduction in exterior property setback. 4. The sign’s proposed location does not meet the minimum spacing of 250-ft., which is required between ground-mounted signs located on the same property and the same frontage. 5. The number of signs allowed along the same lot frontage area. The purpose of this Master Sign Plan is to review the proposed monument sign that does not meet the requirements of the Sign Code and requires special approval. All existing signage that meets the code has been approved by administrative sign permit(s). Types: One (1) ground-mounted monument sign. Location: The subject property is located at 1501-1715 SW 7 Highway at the southwest corner of 7 Highway and SW Clark Road. The sign is proposed near the southeast corner of the property. Measurement: Signage size allowance is measured by sign area per type of sign as follows: Monument Sign: SIZE HEIGHT SETBACK QTY NOTES/ISSUES Required Sign Area. Height. Exterior. 1 sign per 75-sf plus Eight (8) Min. of ten frontage or 1 5-sf for feet max., (10) feet or per 250-ft linear every foot except six the sign frontage; of exterior (6) feet height plus whichever is setback max., when two (2) feet greater. over 1-ft. located in a (e.g., median fourteen Page 2 of 5  Project: Mall at Fall Creek Plan Case: ASP-09-23-8885 (e.g., a (14) feet common setback tract in the allows middle of twelve (12) the public feet sign), street). whichever is greater. Proposed Approx. 8 ft. Approx. 8- 2 Signs on the 1. An off-premises 80-sf. – ft. from the same frontage monument sign, Based on exterior the proposed which is not allowed the property sign is 75-ft proposed from each under the current line placement other. The Unified Development , the existing Code. applicant frontage is 2. 5-sf of additional is allowed approximately sign area beyond up to 75- 211-ft. sf. This what is allowed request is 3. 2-ft reduction in for an exterior property additional setback 5-sf. 4. Not meet the minimum spacing between ground- mounted signs. 5. The number of signs allowed along the same lot frontage area. The requested deviation from the Sign Code is highlighted above, which includes reducing the following below: 1. Per Sign Code Section 501.090, Off-Premises Signs, allowing an off-premises monument sign for properties within 60-ft. of Mall at Fall Creek located in the southeast corner of the subject property. 2. Per Sign Code Section 501.060, Permanent Signs, not meeting the minimum spacing of ground-mounted signs. Request a reduction for the required spacing of ground-mounted signs. The sign code requires minimum spacing from a monument sign to a monument sign to be 250-ft. 3. Per Sign Code Section 501.060, Setback from the property lines, 2-ft. reduction in exterior property setback. 4. Per Sign Code Section 501.060, Sign Area Max., reducing the sign area requirement by 5-sf. of additional sign area beyond what is allowed. 5. Per Sign Code Section 501.060, Permanent Signs, reduce the required number of signs located in the same frontage lot area. Request an additional monument sign (total of 2) along the same street frontage on Tract A of the Mall at Fall Creek. Design & Construction (501.040): Placement: None of the proposed building signs obstruct any pedestrian/vehicular access, sight- triangle, or light/ventilation required by Code or encroach on public property or right-of- way. Page 3 of 5  Project: Mall at Fall Creek Plan Case: ASP-09-23-8885 Design Standards: The proposed signage complements the design, color and composition of other on-site signage and the building. Materials: The proposed ground-mounted signs meet the material standards. Illumination: The proposed signage is internally illuminated, as allowed by Code. Construction Standards: Code requires that signs be installed to meet Building Code requirements. Due to the height of the sign, footings will be required. Review Criteria: Approval of a Master Sign Plan shall meet the Review Criteria in Section 501.030.D of the Sign Code, including, but not limited to, the following: 1. Meet the intent of this Sign Code. STAFF RESPONSE: Staff does not believe the request meets the intent of the Sign Code as it is requesting more than one deviation from the Sign Code, in allowing off-premises signage that is otherwise prohibited in the Sign Code and allowing more and less-separated signage along a street frontage than is allowed under the Sign Code. 2. Not result in or create a precedent that may result in visual blight, discord, confusion, or clutter that significantly dilutes or obscures the message of other signs or degrades the character, attractiveness, and general welfare of Blue Springs as a place to live and conduct business. STAFF RESPONSE: Staff believes approval of an off-premises sign that is otherwise prohibited in the Sign Code could create a precedent for future request for similar signage throughout the City, that would undermine the intent and purpose of the prohibition of off-premises signage. Staff does have concerns that the proposed sign will result in visual blight, discord, confusion, or clutter. One of the deviations that the applicant requests is the number of signs per frontage. The Sign Code allows one (1) sign per frontage or one (1) sign per five hundred (500) linear feet of cumulative frontage. Staff is concerned that two (2) monument signs on the frontage will clutter the southeast corner of Mall at Fall Creek. 3. Not result in signage that significantly alters the architectural, cultural, historical, or contextual character of the surrounding area due to the size or location of the signage. STAFF RESPONSE: Staff does not believe the signage will significantly alter the architectural, cultural, historical, or contextual character of the surrounding area. 4. Not infringe on public safety or interfere in any way with the safe operation of all modes of transportation. STAFF RESPONSE: Staff does not believe the sign will infringe on public safety or interfere with safe operation of all modes of transportation. Page 4 of 5  Project: Mall at Fall Creek Plan Case: ASP-09-23-8885 5. Not impact the rights of adjacent and nearby property owners, residents, and any other entity with a vested interest. STAFF RESPONSE: Staff does not believe the proposed signage will impact the rights of adjacent and nearby property owners, residents, and any other entity with a vested interest. 6. Be based on the time, place, and manner of the proposed signage, not on the content or message of the signage. STAFF RESPONSE: Staff feels as though the signage is appropriate for the time, place, and manner since it is intended to attract the attention of those traveling along 7 Highway. 7. Meet the following review criteria as applicable: When requesting signage that does not adhere to the permanent sign standards (Section 501.060), the sign shall: (a) Be warranted due to the nature of the use or the physical characteristics, size, and/or location of the property; or (b) Provide higher quality signage than required by this Sign Code and exhibit aesthetic quality, creativity, or innovation; STAFF RESPONSE: Staff does not believe that the proposed monument sign is warranted due solely to not having frontage on 7 Highway. While the purpose of adding a second monument sign will aid in the business growth with marketing aspect as well as provide signage for a property with limited visibility on 7 Highway, not having frontage on an arterial street is not unique enough of a situation to warrant a deviation from the prohibition for off-site signage. Staff Recommendation: Staff does not recommend approval of the Master / Alternative Sign Plan application; however, if Planning Commission approves the request, staff recommends adding the following conditions to the approval: 1. Prior to installation of the proposed signage, administrative sign permit approval and administrative building permit approval must be obtained for the sign. a. A sign permit will not be issued until the existing multi-tenant monument sign base, located on the same property, is complete per the approved plans. 2. Any landscaping removed for the installation of the monument sign must be replaced elsewhere on the site. 3. Landscaping must be installed in a three (3) foot radius around the base of the freestanding monument sign. 4. The proposed sign is only allowed in Tract A of the subject property. Page 5 of 5 Received 9/30/2023 Received 9/30/2023  75'-0" 10'-0" 2'-6" 8'-0" PROPOSED SIGN LOCATION 48'-0" Proposed Sign Sign Locating Dimensions Received 9/30/2023 Received 9/30/2023 Jamarcus Magee Subject: FW: Mall at fall creek Begin forwarded message: From: Mike Mallon <mmallon@bluespringsgov.com> Date: September 13, 2023 at 11:48:02 AM CDT To: Mike Mallon <mmallon@bluespringsgov.com> Subject: Mall at fall creek From Stuart foster Center of sign base would be 8’ west of west edge of sidewalk along 7 highway. 75’ south of center of base of current monument sign. 48’ north of edge of sidewalk along Clark Lane 1 ASP-09-23-008885 10-23-23 N/A N/A N/A N/A Jamarcus Magee, Associate Planner Received 9/13/2023 Received 9/13/2023 Received 9/13/2023 Received 9/13/2023