City of Blue Springs 903 Main Blue Springs, Missouri 64015

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1 City of Blue Springs 903 Main Blue Springs, Missouri Planning Commission MINUTES Monday, March 12, 2007 A regular meeting of the Planning Commission of the City of Blue Springs was held in the Multi-Purpose Room of the Howard L. Brown Public Safety Facility at 1100 SW Smith Street on Monday, March 12, 2007 with the following members, guests and staff in attendance: ATTENDANCE Ken Billups George Abbott Keith Sullivan G. Douglas Farmer Alan Franklin Norma Anderson Kent Edmondson Joseph Haney Sheila Solon, Chairperson Scott Allen, Community Development Director James Holley, Assistant Community Development Director Dave Loveland, Planning Technician Cesar Yanes, City Engineer Bob McDonald, City Attorney Mary Potter, Councilperson - District 1 (Mayor, Pro-Tem) Tonya Klima, Recording Secretary Jim Leacock, Court Reporter Stephanie Boothe, The Examiner Reporter ABSENT CALL TO ORDER Consent Agenda Approval AGENDA ITEM 2 PUBLIC HEARING - AMENDED PUD CONCEPT PLAN PUD Country Oak Estates 450 NE R.D. Planning Commissioner George Deibert Planning Commissioner Susan Culpepper Chairperson Solon called the meeting to order at 6:30 p.m. with a request that everyone stand for the Pledge of Allegiance. Chairperson Solon requested action on the Consent Agenda. With a motion by Alan Franklin, a second from Ken Billups, and a unanimous vote, the Minutes of February 26, 2007, were approved and submitted. The public hearing was opened at 6:35 p.m. with a request for exhibits from the City Attorney. Mr. McDonald entered Exhibits 1 thru 8 for Agenda Item 2 into the public record on behalf of the applicant. P.C. Minutes Page 1 of 12

2 Mize Road, between NE Sunnyside School Road and NE 5 th Street STAFF COMMENTS Scott Allen stated that in November 2003, Voorhees Missouri Real Estate Group filed an application to rezone /- acres from GB (General Business) to MF-20/R-O (Moderate Density Multi-Family / Restricted Overlay) and an application for a PUD Concept Plan under the project name Parkway West Garden Villas. The subject property is located on the south side of R.D. Mize Road and east side of Sunnyside School Road. The applicant also filed an amendment to the Comprehensive Plan from General Commercial to High-Density Residential and preliminary platted the subject property. The R-O (Restricted Overlay) district was applied to the entire site to guarantee the total number of units to 32. The Planning Commission denied the Parkway West Garden Villas PUD Concept Plan, Rezoning, Amendment to the Comprehensive Plan, and Preliminary Plat applications. Both staff and the Planning Commission expressed concerns for the minimum parking spaces provided and the missing required amenities for the multi-family development. The applicant filed an appeal for the PUD Concept Plan and Rezoning applications. In December 2003, the City Council approved the Rezoning application, which allows a maximum 32 units, but denied the Parkway West Garden Villas PUD Concept Plan. In short, this means that the Council has approved the restricted overlay zoning district, and the only restriction is that future development cannot consist of more than 32 units. In Spring 2005, the applicants renamed the project to Sunny Springs Village and received Planning Commission approval for the PUD Concept Plan on March 28, City Council approval came one week later on April 4, This Concept Plan was for a one-story, 32-unit assisted living facility. The proposed amendment to the PUD Conceptual Plan will remove the assisted living nature of the building and allow for a two-story structure. APPLICANT Tim Mollis S. Gibson Rd. Lone Jack, MO WITNESSES IN FAVOR WITNESSES OPPOSED QUESTIONS Chairperson Solon asked Scott Allen to address what changes have been made as far as the senior citizen facility versus an assisted living facility. Tim Mollis, Applicant replied that the citizens will be able to choose their own amenities. It will be an independent living facility for seniors. Commissioner Billups asked Mr. Mollis if the building will be on a flat P.C. Minutes Page 2 of 12

3 DISCUSSION HEARING CLOSED AGENDA ITEM 2 PUBLIC HEARING - AMENDED PUD CONCEPT PLAN PUD Country Oak Estates 450 NE R.D. Mize Road, between NE Sunnyside School Road and NE 5 th Street surface. Mr. Mollis stated that there will not be a basement in this facility. It is not required to have a basement for use as a storm shelter. Commissioner Sullivan asked Mr. Mollis why they keep coming up with different plans for this. Mr. Mollis stated that they want this facility to compliment their other facility located in Harrisonville, MO. Councilperson Potter asked Mr. Mollis to explain the parking situation. Mr. Mollis stated that they wanted a buffer between the facility and R.D. Mize Rd. for protection of the residents and the back side of the building will be used as a garden area for residents. Chairperson Solon asked Mr. Mollis if this will be an age-restricted facility and how they will market this. Mr. Mollis stated that it will not have any age restriction, but it will be advertised as a senior living facility. With no further discussion, Chairperson Solon closed the public hearing at 6:50 p.m. Commissioner Keith Sullivan recommended the approval of the Amended PUD Concept Plan / PUD Country Oak Estates with staff recommendations. Commissioner G. Douglas Farmer STAFF RECOMMENDATIONS Staff recommends approval of the Amended PUD Concept Plan with the following conditions: 1. That approval by the Planning Commission, 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 the issuance of building permits, the Final Plat must be submitted, approved, and recorded with Jackson County. 3. Prior to the issuance of building permits, the PUD Final Plan must be P.C. Minutes Page 3 of 12

4 submitted and approved. 4. Prior to the issuance of building permits, the Site Plan/Design Review application must be submitted and approved. 5. Prior to Final Plan approval, a storm water management plan shall be submitted and approved by the Engineering Department. 6. The applicant shall submit a stamped and sealed Landscape Plan from a Missouri-registered landscape architect for both the PUD Final Plan and the Site Plan/Design Review applications. 7. Staff strongly advises the applicant to add architectural details, such as windows, recessing, etc. in order to break up the monotony of the proposed elevations on the east and west sides. 8. The dumpster enclosure shall be installed as per the plan, and the exterior wall treatment of said enclosure shall be composed of matching building materials to the main building. AGENDA ITEM 3 PUBLIC HEARING AMENDED PUD CONCEPT PLAN PUD Spring Commons PUD SW corner of 7 Highway & Duncan Road STAFF COMMENTS The public hearing was opened at 6:53 p.m. with a request for exhibits from the City Attorney. Mr. McDonald entered Exhibits 1 thru 8 for Agenda Item 3 into the public record on behalf of the applicant. Scott Allen stated that the Planning Commission originally approved the PUD Concept Plan for Spring Commons PUD in October of The PUD Final Plan (for Lots 1-5) was approved by the Planning Commission, on January 13, At that same time, the Site Plan approval for Walgreen s (Lot 1) and Blockbuster (Lot 2) occurred. The PUD Final Plan (amendment) and Site Plan/Design Review for Lot 5, (a 14,000 sq. ft. with six tenant spaces) was approved by the Planning Commission on November 11, APPLICANT The original PUD Final Plan indicated Lot 3 to be a restaurant; Lot 4 was proposed to be retail shops. The originally approved plans for Lot 4 included a much smaller building. Due to the fact that the lot layout changed considerably and the building size for Lot 4 increased by more than 10 percent, a PUD Concept Plan amendment is required. A subsequent PUD Final Plan amendment will be required as well as Site Plan / Design Review for Lots 3 and 4. The proposed amendment to the PUD Concept Plan will allow a larger structure and different lot configuration for Lots 3 and 4, Spring Commons than the previously approved PUD. Joe Lampen, Lampen Engineering, Inc NW Mock Ave. P.C. Minutes Page 4 of 12

5 WITNESSES IN FAVOR WITNESSES OPPOSED QUESTIONS DISCUSSION HEARING CLOSED AGENDA ITEM 3 PUBLIC HEARING AMENDED PUD CONCEPT PLAN PUD Spring Commons PUD SW corner of 7 Highway & Duncan Road Blue Springs, MO Commissioner Billups asked Scott Allen if the applicant will be submitting a Site Plan / Design Review at a later date. Mr. Allen stated that is correct. With no further discussion, Chairperson Solon closed the public hearing at 7:00 p.m. Commissioner Ken Billups recommended the approval of the Amended PUD Concept Plan / PUD / Spring Commons PUD with staff recommendations. Commissioner Keith Sullivan STAFF RECOMMENDATIONS Staff recommends conditional approval of the amended PUD Concept Plan with the following conditions: 1. A Storm Management Plan needs to be submitted showing how the stormwater runoff is conveyed to the existing detention. AGENDA ITEM 4 PUBLIC HEARING 2. The developer is required to conduct a water analysis to determine the water looping and size of pipe. The developer shall contract with an independent engineering firm approved by the DNR to perform this type of analysis. The cost of the analysis shall be paid by the developer. 3. PUD Final Plan and Site Plan / Design Review are required prior to any building permits being issued for Lots 3 and 4, Spring Commons. The public hearing for items 4 and 5 was opened at 7:01 p.m. The applicant has requested the hearing be postponed to the April 9, 2007 Planning Commission meeting. P.C. Minutes Page 5 of 12

6 COMPREHENSIVE PLAN MAP AMENDMENT CPA-M Chapman Farms 1 st Plat, Lot 12 7 Highway & Mason School Road (Related to Item 5) HEARING CLOSED AGENDA ITEM 4 PUBLIC HEARING COMPREHENSIVE PLAN MAP AMENDMENT CPA-M Chapman Farms 1 st Plat, Lot 12 7 Highway & Mason School Road (Related to Item 5) With no further discussion, Chairperson Solon closed the public hearing at 7:03 p.m. Commissioner Ken Billups moved to continue the Comprehensive Plan Map Amendment / CPA-M / Chapman Farms 1 st Plat, Lot 12 to the April 9, 2007 Planning Commission meeting. Commissioner G. Douglas Farmer AGENDA ITEM 5 PUBLIC HEARING REZONING R Chapman Farms 1 st Plat, Lot 12 7 Highway & Mason School Road (Related to Item 4) Commissioner Ken Billups moved to continue the Rezoning / R / Chapman Farms 1 st Plat, Lot 12 to the April 9, 2007 Planning Commission meeting. Commissioner G. Douglas Farmer P.C. Minutes Page 6 of 12

7 AGENDA ITEM 6 PRELIMINARY PLAT Briar Valley At Chapman Farms, Replat of Chapman Farms Lot 10, Lots 1 thru 86 & Tracts A thru O North of Mason School Road, east of 7 Hwy. (Continued from the February 12, 2007 Planning Commission Agenda) Commissioner Keith Sullivan moved to continue the Preliminary Plat / / Briar Valley At Chapman Farms, Replat of Chapman Farms Lot 10, Lots 1 thru 86 & Tracts A thru O to the April 9, 2007 Planning Commission meeting. Commissioner Alan Franklin AGENDA ITEM 7 PRELIMINARY PLAT J & J Acre 2004 NE Adams Dairy Road (Related to Item 8) APPLICANT James Holley stated that on November 1, 2006, the applicant obtained a demolition permit for the removal of an old single-family structure, with the intent to rebuild. The applicant demolished the old house, and when the applicant then applied for a building permit, it was discovered the property had never been platted; therefore he was unable to receive his building permit. This request is before the Planning Commission to approve the Preliminary and Final Plat, in order for the applicant to construct the new home. Nilesh Patel, Jasmine Investments, Inc Foxtail Drive Grain Valley, MO QUESTIONS DISCUSSION AGENDA ITEM 7 PRELIMINARY PLAT J & J Acre 2004 NE Adams Dairy Road (Related to Item 8) Commissioner Ken Billups moved to approve the Preliminary Plat / / J & J Acre. Commissioner Alan Franklin P.C. Minutes Page 7 of 12

8 AGENDA ITEM 8 FINAL PLAT J & J Acre 2004 NE Adams Dairy Road (Related to Item 7) Commissioner Ken Billups moved to approve the Final Plat / / J & J Acre with the staff recommendation. Commissioner Alan Franklin STAFF RECOMMENDATIONS AGENDA ITEM 9 REVIEW ASP Tri-Land Properties, Inc. 625 W. 40 Highway APPLICANT It is recommended the Preliminary and Final Plats for J & J Acre be approved and forwarded to City Council with the following condition: 1. Sidewalk improvements shall be shown on building permit plans. James Holley stated Tri-land Properties is proposing three (3) leasing signs for the former Kmart building located on Highways 7 and 40. The three (3) signs the applicant is proposing are outside the specifications allowed by the Sign Code. The applicant is asking to be able to leave the proposed signs up until the space is leased. Tri-land has already been issued temporary permits for three (3) signs that conform to the Sign Code. Those signs are subject to expiration dates (60 days per calendar year in the case of a banner sign) and must be removed upon expiration (March 29, 2007). Seth Holmes, Regional Manager of Operations One Westbrook Corporate Center Suite 520 Weschester, IL Chairperson Solon asked Mr. Holmes what the success rate has been having this signage in the past. Mr. Holmes stated that he is not aware of the P.C. Minutes Page 8 of 12

9 QUESTIONS DISCUSSION AGENDA ITEM 9 REVIEW ASP Tri-Land Properties, Inc. 625 W. 40 Highway success rate. Commissioner Franklin stated the request says that the signs are to be taken down as soon as the property is leased and he also commented that he does not want to see these signs up five years from now. Commissioner Alan Franklin moved to approve the Master / Alternative Sign Review / ASP / Tri-Land Properties, Inc. with staff recommendations. Commissioner Keith Sullivan Staff recommends the following conditions: STAFF RECOMMENDATIONS 1. Setback for 8 x16 Ground-Mounted Leasing Sign to be at 20 feet from the right of way. 2. All signs to be removed within 15 days from the signing of a lease of major/anchor tenant. 3. If at any time, the signs are damaged or destroyed, Tri-Land or an agent on their behalf will remove and/or replace the signage within 5 days. AGENDA ITEM 10 REVIEW ASP The Village Gardens 650 NW Mock Ave. APPLICANT James Holley stated that on June 26, 2006, the Planning Commission approved the Site Plan / Design Review for the new Village Gardens. This approval did not encompass any plans for signage; thus the applicant submitted a Master Sign Plan that the Planning Commission approved on January 8, The previously approved Master Sign Plan included four (4) building signs, but did not include a monument sign. Thomas Nigro 2810 Guinotte Kansas City, MO Mr. Nigro stated that he is disappointed and that he was not aware that it was going to be impossible to get the signage approved and that he felt it was a waste of his time appearing before the Planning Commission this evening. He stated that he was misinformed by staff. Mr. Nigro asked staff P.C. Minutes Page 9 of 12

10 QUESTIONS DISCUSSION why he couldn t have such a sign when the City has similar signs on the railroad tracks over 7 Highway. Chairperson Solon asked Mr. Nigro if he would like to move forward and get an approval without the electronic message board. Mr. Nigro stated that he would like to move forward and not make it a complete waste of time. City Attorney Bob McDonald explained the City is exempt from the sign code, which would allow the electronic sign on the overpass on 7 Highway. The Blue Springs Rotary Club donated the sign to the City as a civic project. Commissioner Joseph Haney expressed regret that the sign code doesn t permit such signs. Commissioner Ken Billups agreed. Commissioner Billups stated that it s unfortunate that there s a double standard here that the City can have a sign and an individual can t. Chairperson Solon complimented Mr. Nigro on the monument sign. Chairperson Solon explained to Mr. Nigro that it was not a waste of his time appearing before the Commission and that it was a necessary step in order to amend his Master Sign Plan. AGENDA ITEM 10 REVIEW ASP The Village Gardens 650 NW Mock Ave. Commissioner Ken Billups moved to approve the Master / Alternative Sign Review / ASP / The Village Gardens as presented, but without the electronic message board. Commissioner Joseph Haney STAFF RECOMMENDATIONS Staff recommends denial of the Village Gardens Alternative Sign Plan. Should the Planning Commission choose to approve the application, staff recommends the following conditions: 1. Upon approval of this Master Sign Plan, all new signs must be processed through the standard sign permit process. 2. All new sign applications must be in conformance with the approved Plan. P.C. Minutes Page 10 of 12

11 AGENDA ITEM 11 REVIEW AMENDED REVIEW ASP Blue Springs Auto Sales 2200 NW South Outer Road Scott Allen stated Steve Davidson, the applicant, in cooperation with the City of Blue Springs is requesting to amend a Master Sign Plan for a preowned auto sales business located at the southwest corner of NW South Outer Road and NW 22 nd Street. The Planning Commission approved the Site Plan / Design Review and Conditional Use Permit for Blue Springs Auto Sales on August 28, 2006, and the Master Sign Plan/Alternative Sign Review on September 26, The applicant has installed the three (3) wall signs as approved. The developer has also installed the monument sign but has not finished the sign faces or added the lettering. The location of the monument sign, as constructed, has caused much concern throughout the community. After extended discussions with the City and residents, and with the support of the City Council, the developer has decided to remove the monument sign and instead construct a pole sign near the west property boundary. The proposed pole sign will be 35 feet in height, with a sign face of 200 square feet. The pole will be covered with an outer skin (accented with neon lighting) so that it will appear to be on a fixed base that extends from the ground to the bottom of the sign cabinet. APPLICANT Steve Davidson, Owner 312A NW 11 th Street Blue Springs, MO Mr. Davidson voiced his concerns with everyone being on the same page about the sign code. QUESTIONS DISCUSSION Chairperson Solon expressed her concerns and suggested the sign not be endorsed. AGENDA ITEM 11 REVIEW AMENDED REVIEW ASP Chairperson Solon stated that any concerns about the sign ordinance should be taken up with the City Council. Chairperson Solon advised the Planning Commission is a recommending body and has no authority to change the sign code. Commissioners discussed how just three (3) days prior to the Planning Commission meeting, the City Council voted to give Mr. Davidson $140,000 to tear down a retaining wall/sign at 22 nd Street and South Outer Road that raised numerous concerns about traffic problems. Commissioner Ken Billups moved to approve the Master / Alternative Sign Review / ASP / Blue Springs Auto Sales with staff recommendations. P.C. Minutes Page 11 of 12

12 Blue Springs Auto Sales 2200 NW South Outer Road Commissioner G. Douglas Farmer Keith Sullivan - No ( 6 Aye, 3 No) George Abbott No Sheila Solon, Chairperson - No STAFF RECOMMENDATIONS OTHER BUSINESS MEETING ADJOURN The new sign location, design and sign type (pole sign) represent improvements to the original Master Sign Plan, taking into account the site s unique topographical characteristics and relationship to the NW South Outer Road and NW 22 nd Street. The sign is nicely designed in that it effectively hides the pole with a covering. The 200 square foot sign face is rather large, but well within the limits allowed by the Sign Code. The next scheduled meeting is March 26, Scott Allen reminded the Planning Commission that the next meeting will be televised. With no further discussion, a motion was made by Commissioner Alan Franklin and seconded by Kent Edmondson, to adjourn at 7:50 p.m. Motion carried unanimously. Tonya L. Klima, Recording Secretary Sheila Solon, Chairperson P.C. Minutes Page 12 of 12