PLANNING COMMISSION. Regular Meeting April 3, :00 p.m. Council Chambers Branson City Hall 110 W. Maddux Street AGENDA

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NOTICE OF MEETING PLANNING COMMISSION Regular Meeting April 3, 2018 7:00 p.m. Council Chambers Branson City Hall 110 W.

1 NOTICE OF MEETING PLANNING COMMISSION Regular Meeting April 3, :00 p.m. Council Chambers Branson City Hall 110 W. Maddux Street CALL TO ORDER AGENDA ROLL CALL PUBLIC COMMENTS REGULAR AGENDA ITEMS 1) Approve Minutes a) March 6, 2018 Study Session b) March 6, 2018 Regular Meeting OLD BUSINESS PUBLIC HEARING AGENDA ITEMS 2) Request for a Special Use Permit for an Accessory Structure located at 205 S. Francis Street, Branson, Missouri. COMMISSIONER AND STAFF REPORTS ADJOURN [Powerpoint] Posted: March 28, 2018 At: By: Page 1 of 1 Where Values are the Difference APRIL: Sustainability Reducing waste today for a better tomorrow. For more information please visit or contact: Lisa Westfall, City Clerk,

2 City of Branson Planning Commission Study Session Minutes March 6, 2018 PLANNING COMMISSION STUDY SESSION March 6, :30 PM Planning and Development Conference Room ROLL CALL Commissioners Present: Commissioners McDowell, O Day, Pinkley, Vice-Chairperson Romine and Chairperson Harris Commissioners Absent: Commissioners Burney, Huddleston, Loyd, McConnell and Woolery Staff Present: Joel Hornickel Director of Planning and Development Perry Eckhardt Senior Planner Amy Jackson Planner Kendall Powell Utilities Operations & Development Manager Kirby Dieterman MS4 Coordinator William Duston City Attorney No quorum present. Clark Harris, Chairperson Date Joel Hornickel, Director of Planning & Development Date Page 1 of 1

3 City of Branson Planning Commission Minutes March 6, 2018 PLANNING COMMISSION March 6, :00 PM Council Chambers CALL TO ORDER ROLL CALL Commissioners Present: Commissioners Absent: Commissioners Huddleston, McDowell, O Day, Pinkley, Vice-Chairperson Romine and Chairperson Harris Commissioners Burney, Loyd, McConnell and Woolery Staff Present: Joel Hornickel Director of Planning and Development Perry Eckhardt Senior Planner Amy Jackson Planner Keith Francis Public Works Director Kendall Powell Utilities Operations and Development Manager Kirby Dieterman MS4 Coordinator William Duston City Attorney PUBLIC COMMENTS None. REGULAR AGENDA ITEMS 1. Approve Minutes a) November 9, 2017 regular meeting minutes MOTION: Motion by Commissioner Pinkley and seconded by Vice-Chairperson Romine to approve the November 9, 2017 minutes as presented by staff. Motion unanimously carried. OLD BUSINESS None. Page 1 of 5

4 City of Branson Planning Commission Minutes March 6, 2018 PUBLIC HEARING AGENDA ITEMS 2. Request for a Repeal of Planned Development PD , Known as Professional Park, and a Zoning Request for Entertainment for the Property Located at 3925 Green Mountain Drive, Branson, Missouri. Project No ( ) Applicant: Mark Ruda Mr. Hornickel presented the staff report as filed with the Planning and Development Department. Chairperson Harris asked if the commissioners had any questions for staff; there was no response. He then asked if the applicant was present to make any comments. Mr. Mark Ruda approached and briefly stated that the reason behind the request was to allow other opportunities for development since the original plan for development was never implemented. Chairperson Harris asked if the commissioners had any questions for the applicant; there was no response. He then asked if there was anyone else present who wished to speak in regards to the request; there was no response. He entertained a motion. MOTION: Motion by Commissioner O Day and seconded by Commissioner Huddleston to approve Resolution AYES: NOES: ABSTAIN: ABSENT: Commissioners Huddleston, McDowell, O Day, Pinkley, Vice-chairperson Romine and Chairperson Harris None None Commissioners Burney, Loyd, McConnell and Woolery Motion to approve Resolution carried with a 6-0 vote. 3. Request for a Zoning Change from High Density Residential to Community Commercial for the Property Located at 672 Spring Creek Road, Branson, Missouri. Project No ( ) Applicant: City of Branson Mr. Hornickel presented the staff report as filed with the Planning and Development Department. Chairperson Harris asked if the commissioners had any questions for staff; there was no response. He then asked if there was anyone else present who wished to speak in regards to the request; there was no response. He entertained a motion. Page 2 of 5

5 City of Branson Planning Commission Minutes March 6, 2018 MOTION: Motion by Commissioner Pinkley and seconded by Commissioner McDowell to approve Resolution AYES: NOES: ABSTAIN: ABSENT: Commissioners Huddleston, McDowell, O Day, Pinkley, Vice-chairperson Romine and Chairperson Harris None None Commissioners Burney, Loyd, McConnell and Woolery Motion to approve Resolution carried with a 6-0 vote. 4. Request for a Zoning Change from High Density Residential to Community Commercial for the Property Located at 664 Spring Creek Road, Branson, Missouri. Project No ( ) Applicant: Mark Ruda Mr. Hornickel presented the staff report as filed with the Planning and Development Department. Chairperson Harris asked if the commissioners had any questions for staff; there was no response. He then asked if the applicant was present to make any comments. Mr. Mark Ruda approached and briefly stated the change would fulfill their original plan for the property and retain the zoning they had prior to the city s recent rezoning. Chairperson Harris asked if the commissioners had any questions for the applicant; there was no response. He then asked if there was anyone else present who wished to speak in regards to the request; there was no response. He entertained a motion. MOTION: Motion by Commissioner Huddleston and seconded by Vice-Chairperson Romine to approve Resolution AYES: NOES: ABSTAIN: ABSENT: Commissioners Huddleston, McDowell, O Day, Pinkley, Vice-chairperson Romine and Chairperson Harris None None Commissioners Burney, Loyd, McConnell and Woolery Motion to approve Resolution carried with a 6-0 vote. Page 3 of 5

6 City of Branson Planning Commission Minutes March 6, Request for a Municipal Code Amendment to Chapter 66 Planning and Subdivisions, Chapter 94 Zoning, and Appendix A Fee Schedule. Project No ( ) Applicant: City of Branson Mr. Hornickel presented the staff report as filed with the Planning and Development Department. Commissioner O Day asked if the proposed performance guarantee for land disturbance activities would be applied as a cost per acre. Mr. Dieterman approached and stated the guarantee would be applied on a per acre total. He stated there would be a breakdown between three thousand and two thousand dollars per acre. He also stated there were three bond release points being proposed during any project as long as that project met the City s requirements. Chairperson Harris asked if the commissioners had any questions for staff; there was no response. He then asked if there was anyone else present who wished to speak in regards to the request; there was no response. He entertained a motion. MOTION: Motion by Commissioner Huddleston and seconded by Vice-Chairperson Romine to approve Resolution AYES: NOES: ABSTAIN: ABSENT: Commissioners Huddleston, McDowell, O Day, Pinkley, Vice-chairperson Romine and Chairperson Harris None None Commissioners Burney, Loyd, McConnell and Woolery Motion to approve Resolution carried with a 6-0 vote. COMMISSIONER & STAFF REPORTS None. Page 4 of 5

7 City of Branson Planning Commission Minutes March 6, 2018 ADJOURN Motion by Commissioner McDowell and seconded by Vice-Chairperson Romine, and unanimously carried to adjourn the meeting at 7:56 PM. Clark Harris, Chairperson Date Joel Hornickel, Director of Planning & Development Date Page 5 of 5

9 2. All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City of Branson; and, 3. A Minor Subdivision Plat shall be approved to combine all of Lot 7, except the north 125 feet in Block K, and the south half of lot 4, all of lot 5, and the north half of lot 6, all in Block K ; and, 4. All conditions of this resolution authorizing the issuance of this Special Use Permit shall be met on or before April 3, MUNICIPAL CODE REGULATIONS: The following regulations should be considered by the Commission in formulating a decision: Branson Municipal Code Section Special uses. (a) Permit Required. A special use permit shall be required from the Planning Commission for any use listed as a special use in any zoning district, and for any use not listed in any zoning district. A special use permit in review is intended to allow the establishment of uses that have a special impact, uniqueness, or effect on the neighborhood surrounding the subject site. (b) Review and Approval Criteria. In considering a special use, the Planning Commission shall consider the location and design of the proposed use, configuration of improvements, potential impacts on the surrounding neighborhood, and that development in each zoning district protects the integrity of that district, and following a hearing, the commission shall record the decision in writing and shall recite the findings upon which the decision is based. COMMENTS: The commission may approve or modify a special use permit application in whole, or in part with conditions, only if all the following findings are made: (1) The proposed use is conditionally permitted within, and would not impair the integrity and character of the intended purpose of the subject zoning district, and complies with all of the applicable provisions of this chapter; (2) The proposed use is consistent with the Community Plan 2030; (3) There will be no significant negative effects upon environmental quality and natural resources that could not be properly mitigated and monitored; (4) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located, and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity, or adverse to the public interest, health, safety, convenience or welfare of the city; (5) The subject site is physically suitable for the type and density/intensity of use being proposed; and (6) There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety. No additional comments were provided by any other department relating to the applicant s request. ATTACHED INFORMATION: 1) Special Use Application 2) Vicinity Maps

17 North East South West

18 PLANNING COMMISSION APRIL 3, 2018

19 ROLL CALL

20 PUBLIC COMMENTS

21 REGULAR AGENDA ITEMS

22 1) Approve Minutes (a) Planning Commission Study Session (March 6, 2018) (b) Planning Commission Regular Meeting (March 6, 2018)

23 OLD BUSINESS

24 PUBLIC HEARING AGENDA ITEMS

25 2) SPECIAL USE PERMIT 205 S. Francis Street Size: 0.4 acres Current Zoning: Low Density Residential (LDR) Applicant s Request: Special Use Permit (accessory structure)

29 2) SPECIAL USE PERMIT

30 Accessory Structure 1,920 sq. ft. 2) SPECIAL USE PERMIT Store automobiles, mowers, tools, and other related items Match appearance of primary structure (residence Francis St.) BMC Sec (d)(3) Accessory structures larger than 800 sq. ft. require a Special Use Permit BMC Sec (d)(2) Accessory structures shall not be located on a parcel where no primary structure exists Applicant has submitted an application for a Minor Subdivision Plat (currently in review) Right-of-Way Permit (Public Works/Engineering) Create a new curb cut along Cedar Street (305 Cedar St.) Install a new concrete apron for access

31 2) SPECIAL USE PERMIT

32 2) SPECIAL USE PERMIT

33 2) SPECIAL USE PERMIT STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING CONDITIONS: 1) New structures shall require submittal of individual construction plans and specifications to the City for review and approval prior to any actual construction; and, 2) All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City; and, 3) A Minor Subdivision Plat shall be approved to combine all of Lot 7, except the north 125 feet in Block K, and the south half of Lot 4, all of Lot 5, and the north half of Lot 6, all in Block K ; and,

34 2) SPECIAL USE PERMIT STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING CONDITIONS (cont.): 4) All conditions of this resolution authorizing the issuance of this Special Use Permit shall be met on or before April 3, 2019.

35 COMMISSIONER & STAFF REPORTS

36 ADJOURNMENT

CITY OF LEE S SUMMIT SPECIAL USE PERMIT PROCESS. Purpose of Special Use Permit

CITY OF LEE S SUMMIT SPECIAL USE PERMIT PROCESS. Purpose of Special Use Permit SPECIAL USE PERMIT PROCESS Purpose of Special Use Permit Some land uses (such as hotels, hospitals, or group homes) are not listed as a permitted use in any zoning district. These uses are permitted only