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 Wednesday, May 30, 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 Wednesday, May 30, 2007 with the following members, guests and staff in attendance: ATTENDANCE George Abbott Kent Edmondson G. Douglas Farmer Jeanie Lauer Michael Astourian George Deibert Joseph Haney Susan Culpepper Ken Billups, Chairman Scott Allen, Community Development Director James Holley, Assistant Community Development Director Cesar Yanes, City Engineer Bob McDonald, City Attorney Steve Steiner, Mayor Brien Starner, Economic Development Corporation Sher Lopez, Economic Development Corporation Tonya Klima, Recording Secretary Debbie Topi, The Examiner Reporter Tammy Menke, Court Reporter ABSENT CALL TO ORDER CONSENT AGENDA APPROVAL Joe Stubblefield, Councilperson - District 2 (Mayor, Pro-Tem) Commissioner Alan Franklin Commissioner Keith Sullivan Chairman Billups called the meeting to order at 6:30 p.m. with a request that everyone stand for the Pledge of Allegiance. Chairman Billups requested action on the Consent Agenda. With a motion by Susan Culpepper, a second from Jeanie Lauer, and a unanimous vote, the Minutes of May 14, 2007, were approved and submitted. The Final Plat for Blue Springs School Site, Lot 1 was pulled from the Consent Agenda. AGENDA ITEM 1b Scott Allen, Community Development Director stated the Blue Springs FINAL PLAT PF School District is requesting a Final Plat for this property. This parcel was P.C. Minutes Page 1 of 20

2 1062 / Blue Springs School Site, Lot SW Liggett Rd. preliminary platted on April 11, 2005, and the Site Plan for the Special Services Building was approved on June 13, Construction timeline issues resulted in the District requesting a variance from Section E which states: A Final Plat shall be approved by the Governing Body and recorded with the Recorder of Deeds of Jackson County for the land on which the building is to be constructed at some time prior to the issuance of any building permit. The variance was approved by the Board of Adjustment on August 3, APPLICANT QUESTIONS DISCUSSION AGENDA ITEM 1b FINAL PLAT PF / Blue Springs School Site, Lot SW Liggett Rd. Erwin Gard, Archer Engineers Commissioner Susan Culpepper asked staff why nothing had changed and why the platting issue wasn t addressed in James Holley explained that the road improvements associated with the project were not able to be completed until this time. None Commissioner Jeanie Lauer recommended the approval of the Final Plat PF / Blue Springs School Site, Lot SW Liggett Rd. with staff recommendations. Commissioner G. Douglas Farmer Motion Carried Unanimously STAFF RECOMMENDATIONS The developer has met the prerequisites for plat approval and the plat conforms to the UDC. Staff recommends the Planning Commission approve and forward the Final Plat of Blue Springs School Site, Lot 1 to the City Council for approval, subject to the following conditions: 1. 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. The Final Plat must be recorded with Jackson County, and all required documents must be returned to the Community Development Department once the Plat has been recorded. P.C. Minutes Page 2 of 20

3 AGENDA ITEM 1c FINAL PLAT PF / Chapman Ridge 1 st Plat, Lots 1 thru 8 and Tract A 7 Highway & Colbern Rd. Commissioner Susan Culpepper recommended the approval of the Final Plat PF / Chapman Ridge 1 st Plat, Lots 1 thru 8 and Tract A 7 Highway & Colbern Rd. with staff recommendations. Commissioner Jeanie Lauer Motion Carried Unanimously STAFF RECOMMENDATIONS Staff recommends the Final Plat for Chapman Ridge, 1 st Plat be approved and forwarded to City Council subject to the following conditions: AGENDA ITEMS 2, 3 & 4 PUBLIC HEARING COMPREHENSIVE PLAN MAP AMENDMENT / CPAM / Gibson Estates Wyatt Road & Litchford Road (Related to 1. The Final Plat shall be recorded with Jackson County and all required documents must be returned to the Community Development Department once the Plat has been recorded. 2. This Plat does not allow the developer or any other the right to building permits issuance but rather is intended to be used for the transfer of property. 3. The applicant shall file application for a PR-O Concept Plan and PR-O Final Plan prior to the development of any residential lots shown on the Final Plat. 4. The applicant shall file application for a PUD Concept Plan and PUD Final Plan prior to the development of any commercial lots shown on the Final Plat. 5. The developer shall agree to file a Preliminary and Final Plat for each lot shown on this Final Plat prior to the development of any lot within the subdivision. The public hearing for Agenda Items 2, 3 and 4 was opened at 6:40 p.m. with a request for exhibits from the City Attorney. Mr. McDonald entered Exhibits 1 thru 8 for Agenda Items 2, 3 and 4 into the public record on behalf of the applicant. P.C. Minutes Page 3 of 20

4 Items 3 & 4) PUBLIC HEARING REZONING / RZ / Gibson Estates Wyatt Road & Litchford Road (Related to Items 2 & 4) PUBLIC HEARING PR- O CONCEPT PLAN / PROC / Gibson Estates Wyatt Road & Litchford Road (Related to Item 2 & 3) STAFF COMMENTS Scott Allen, Community Development Director stated the applicant is proposing to subdivide several tracts encompassing 225 +/- acres into 634 single-family lots (and additional open space tracts). They are currently proceeding with simultaneous applications for PR-O Concept Plan for the full area, a Comprehensive Plan Amendment for a 40-acre tract and a Rezoning request, Rezoning from AG (Agriculture/County Zoning Classification) to a combination of SF-7/PR-O (Single Family Residential/Planned Residential Overlay), SF-12/PR-O (Large-Lot Single Family District/Planned Residential Overlay) and MF-14/PR-O (Low Density Multi-Family/Planned Residential Overlay). The subject property is situated near the intersection of Cook Road and Wyatt Road, east of the unimproved southern portion of Adams Dairy Parkway. The surrounding land is planned for low-density residential in both the 2003 Comprehensive Plan and 2004 Area Plan. In October, 2006, the Planning Commission denied a Comprehensive Plan Amendment (CPA-M ) change to reguide Parcel C from Low Density Residential to Moderate Density Residential. The previously denied application included a request to increase the density of the Comprehensive Plan Designation for 70+/- acres, although the current application is only requesting a change to 40 +/- acres. In reviewing any application for an amendment to the official Zoning Map (zoning change), the Planning Commission and City Council shall review the proposed amendment in light of the Comprehensive Plan, the general requirements of the Unified Development Code and the following considerations: 1. Whether or not the requested zoning change is justified by a change in conditions since the original ordinance was adopted or by an error in the original ordinance; 2. The precedents, and the possible effects of such precedents, that might result from approval or denial of the petition; 3. The ability of the City or other government agencies to provide any P.C. Minutes Page 4 of 20

5 EXHIBITS NO. 9, 10, 11, 12, 13 & 14 ENTERED APPLICANT services, facilities or programs that might be required if the petition were approved; 4. The effect of approval on the condition or value of property in the City or in the vicinity; 5. The consistency of the application with adopted policies of the City; and 6. The zoning and land use recommended by the Comprehensive Plan. The Planned Residential Overlay District will incorporate a PR-O Concept Plan and require development to be in substantial conformance with that plan. The purpose of the PR-O District is to encourage flexible development at a quality level generally exceeding that commonly found in projects developed under conventional zoning by requiring that development proposals meet or exceed planned residential development design standards. Bob McDonald, City Attorney entered Exhibit Number 9, 10, 11, 12, 13 and 14 into the public record as the Preliminary Traffic Impact Analysis, 2005 Data Percentage Multi-Family Structures, Population Density Per Square Mile, Current/Pre-Development Condition, Major Thoroughfare Plan, and Reallocation of Capacity for Gibson Estates, Wyatt Road & Litchford Road. David Byrn, Attorney 1080 NW South Outer Road Blue Springs, MO Ben Gibson 3194 CR 320 PO Box 452 Carrollton, MO WITNESSES IN FAVOR WITNESSES OPPOSED Mr. Byrn elaborated in great detail about the proposed project, highlighting modifications to the project since last presented to the Planning Commission in October Linda Gieseke Carrollton, MO Ms. Gieseke stated that she is in favor of this proposal and feels that it would bring growth to the City of Blue Springs. Terry Pask Blue Springs, MO Martin Underwood E Wyatt Road Grain Valley, MO Steve Smith E. Harris Potts Road Grain Valley, MO P.C. Minutes Page 5 of 20

6 Ronnie Lanier E. Harris Potts Road Grain Valley, MO Melissa Morehead 2201 SW Newton Cir. Blue Springs, MO Tom Morehead 2201 SW Newton Cir. Blue Springs, MO Linda Redwine E. Wyatt Blue Springs, MO Robert Jones 8616 S. Shrout Grain Valley, MO Kim Thiel E. Harris Potts Road Grain Valley, MO Greg Thiel E. Harris Potts Road Grain Valley, MO Tom Bitzer Harris Potts Road Grain Valley, MO Marilyn Bitzer Harris Potts Road Grain Valley, MO Marcia Cooper E Major Grain Valley, MO Wade Nolan E. Major Road Blue Springs, MO The residents addressed the Planning Commission with their concerns with water run-off, road improvements, a high volume of children the project will bring to the area and to the school district, multi-family housing, and many other problems the proposed project may create. Many residents provided examples (exhibits) in their presentations. Residents agreed that they are not against new development or growth in their area, just this project as P.C. Minutes Page 6 of 20

7 QUESTIONS/ DISCUSSION HEARING CLOSED AGENDA ITEM 2 PUBLIC HEARING COMPREHENSIVE PLAN MAP AMENDMENT / CPAM / Gibson Estates Wyatt Road & Litchford Road (Related to Items 3 & 4) presented. Commissioner Susan Culpepper commented on the open space, walking trail, square footage increase and if it will be economically feasible. Commissioner Jeanie Lauer asked for clarification on the zoning of Tract C. Chairman Ken Billups asked what the need was for the cul-de-sac in Parcel A, what style of houses in Parcel D and if they will have different floor plans and styles of homes. With no further discussion, Chairman Billups closed the public hearing at 9:37 p.m. Commissioner Susan Culpepper made a motion to deny the Comprehensive Plan Map Amendment / CPAM / Gibson Estates Wyatt Road & Litchford Road Commissioner George Abbott AGENDA ITEM 3 PUBLIC HEARING REZONING / RZ / Gibson Estates Wyatt Road & Litchford Road (Related to Items 2 & 4) (DENIED 9-Aye, 0-No) Commissioner Susan Culpepper made a motion to deny the Rezoning / RZ / Gibson Estates Wyatt Road & Litchford Road Commissioner George Abbott P.C. Minutes Page 7 of 20

8 AGENDA ITEM 4 PUBLIC HEARING PR- O CONCEPT PLAN / PROC / Gibson Estates Wyatt Road & Litchford Road (Related to Item 2 & 3) (DENIED 9-Aye, 0-No) Commissioner Susan Culpepper made a motion to deny the PR-O Concept Plan / PROC / Gibson Estates Wyatt Road & Litchford Road AGENDA ITEMS 5, 6 & 9 PUBLIC HEARING REZONING / RZ / Coronado Place NE Coronado Dr. & Adams Dairy Rd. (Related to Items 6 & 9) Commissioner George Abbott (DENIED 9-Aye, 0-No) The public hearing for Agenda Items 5 and 6 was opened at 9:40 p.m. with a request for exhibits from the City Attorney. Mr. McDonald entered Exhibits 1 thru 8 for Agenda Items 5 and 6 into the public record on behalf of the applicant. PUBLIC HEARING PUD CONCEPT PLAN / PUDC / Coronado Place NE Coronado Dr. & Adams Dairy Rd. (Related to Items 5 & 9) PRELIMINARY PLAT / PP / Coronado Place NE Coronado Dr. & Adams Dairy Rd. (Related to Items 5 & 6) STAFF COMMENTS James Holley, Assistant Community Development Director stated the proposed project related to this application is for a commercial retail development on approximately 9.28 acres of land. The property is located on the north side of Coronado Drive, across from the existing Wal-Mart store. After several months of discussion with staff, the applicant is now moving forward with a zoning map amendment, PUD Conceptual Plan, and a Preliminary Plat. This application is requesting a Zoning Map Amendment P.C. Minutes Page 8 of 20

9 to change the designation from GB/ADP-O (General Business/Adams Dairy Overlay district) to the GB/R-O (General Business/Restricted Overlay district).the existing zoning is as noted above. Staff has noted that this request is nearly identical to the request made by RED Development to the east. The language in the Restricted Overlay is similar, and the request for modification from our standard UDC requirements are similar. In reviewing this project and the language proposed for the Restricted Overlay, staff has evaluated the language based on the merits of the project being proposed. The property is a long, rectangular, somewhat narrow piece of land lying between Coronado Drive and I-70. The project will consist of approximately 52,687 square feet of retail/restaurant uses provided in nine buildings. The largest building will be a retail strip multi-tenant center on the east end consisting of approximately 14,914 square feet. A bank with drive through banking may locate in a portion of this building. Three additional retail buildings are proposed, two at 5,000 square feet per building and the other at 2,761 square feet. An approximately 7,964 square foot building is proposed for vehicle repair-limited. There are three buildings ranging from 1,728 to 2,780 square feet proposed for fast food drive through restaurants and, finally, a 7,560 square foot building for a sit down restaurant. EXHIBIT NO. 9 & 10 ENTERED APPLICANT The applicant is requesting approval of a Preliminary Plat to subdivide a acre parcel into 9 lots and 1 Tract in order to allow for a retail commercial development. It has been anticipated for several years that this property would be developed for retail commercial uses. Bob McDonald, City Attorney entered Exhibit Number 9 and 10 into the public record as the letter to Mayor Steiner from Brien Starner and the EDC for Coronado Place, NE Coronado Dr. & Adams Dairy Rd. Greg Grounds, Attorney 922 Oak Street Kansas City, MO Bryan Boyd, Architect 105 W. Kansas Liberty, MO WITNESSES IN FAVOR Mr. Grounds elaborated on the green space and setbacks and requested to escrow for the sidewalk. Brien Starner, Economic Development Corporation 1600 NE Coronado Drive Blue Springs, MO Mr. Starner expressed his support for the proposed retail development project. The EDC has been working with the City staff and the developer and his representatives during the past 18 months to both assist and bring to fruition this new and welcome addition to the Blue Springs retail environment. The means that all parties agreed was most appropriate to P.C. Minutes Page 9 of 20

10 achieve this goal was through the creation of a Development Agreement between the City and developer. Robert Andrew 900 NW Hunter Drive Blue Springs, MO Mr. Andrew commented that the proposed project is an excellent addition to the City. The applicant and developers did a wonderful job on the design of this project. David Chinnery 5705 NW Moonlight Meadow Ct. Lee s Summit, MO WITNESSES OPPOSED QUESTIONS DISCUSSION HEARING CLOSED AGENDA ITEM 5 PUBLIC HEARING REZONING / RZ / Coronado Place NE Coronado Dr. & Adams Dairy Rd. (Related to Items 6 & 9) Mr. Chinnery stated that he is the President of the proposed Adams Dairy Bank. He stated that this location will dictate the success of the bank. It is not a branch, it is a one-location local bank. Mr. Chinnery stated that he fully supports this project. None Chairman Ken Billups asked Mr. Holley to elaborate on the right-of-way on Adams Dairy Road and why there is reference to sidewalks and the like along the road that exists on paper only. Mr. Holley explained that all public roads shall have a minimum five (5) foot sidewalk adjacent to the public road. Commissioner Susan Culpepper asked Greg Grounds to explain the design of the building signs for this project. Mr. Grounds stated that this particular design doesn t require any specific themes. There are only requirements for the materials used. Commissioner Kent Edmondson asked Mr. Grounds if they re familiar with the staff recommendations. Mr. Grounds stated that they agree with all conditions except they ask that on Adams Dairy Road they ll be allowed to escrow for the sidewalk. None With no further discussion, Chairman Billups closed the public hearing at 11:10 p.m. Commissioner Joe Haney moved to approve the Rezoning / RZ / Coronado Place NE Coronado Dr. & Adams Dairy Rd. with staff recommendations. Commissioner Kent Edmondson P.C. Minutes Page 10 of 20

11 STAFF RECOMMENDATIONS Motion Carried Unanimously Staff recommends the following conditions be included with the Restricted Overlay zoning approval: 1. The minimum plant size for a large deciduous tree shall be a minimum 3 inch caliper at breast height; for an ornamental tree is shall be a minimum of 2.5 inch caliper at ground level; for a conifer/evergreen tree it shall be 8-10 foot minimum height; for a upright evergreen it shall be 6-8 foot minimum height, shrubs shall have a minimum spread of inches; and perennial/ornamental materials shall be a minimum 1 gallon in size but double in quantity to count as one plant unit. 2. If the open space reduction as proposed is allowed, the plant size shall be upgraded by 33 1/3 percent, rather than the number of plant units. The minimum plant size from which the upgrade can be attributed for a large/medium deciduous tree shall be 3 inches in caliper at breast height, i.e., 3 inch caliper tree can be upgraded to 4 inch caliper tree. 3. No more than three drive-through restaurants, and two additional drive through uses shall be allowed to occur within the CP/R-O area. 4. Section 4e. (page 7 of 8) states that Landscaping required to meet the project s parking lot requirements shall be counted towards the projects overall landscaping requirements shall be modified to read that the landscaping required to meet the project parking lot requirements shall be counted towards the projects overall open space landscaping requirement. 5. The plant units attributed to the open space landscape requirements shall be allowed to be provided within any area of the site, including the parking lot landscape areas and transition buffer areas. However, if located within a parking lot or transition buffer area the open space plant units shall not be counted towards the otherwise required parking lot or transition buffer required plant units. 6. The area required for open space may be provided within the parking lot landscape areas or transition landscape buffer areas and shall not be considered a mutually exclusive area calculation. For instance, the parking lot landscape area can be counted towards the total open space area requirements for the site. 7. Section 4.a.i of the proposed Restricted Overlay shall be modified to state that a Type B buffer shall be provided along Coronado Drive and P.C. Minutes Page 11 of 20

12 AGENDA ITEM 6 PUBLIC HEARING PUD CONCEPT PLAN / PUDC / Coronado Place NE Coronado Dr. & Adams Dairy Rd. (Related to Items 5 & 9) the I-70 frontage. Commissioner Jeanie Lauer moved to approve the PUD Concept Plan / PUDC / Coronado Place NE Coronado Dr. & Adams Dairy Rd. with staff recommendations. Commissioner Joseph Haney STAFF RECOMMENDATIONS Motion Carried Unanimously Should the Planning Commission choose to recommend approval of the PUD Concept Plan, staff recommends the following conditions: 1. Prior to PUD Final Plan or Final Plat submittal, the street dedication along Coronado Drive and either street vacation or improvements along Adams Dairy Road will be confirmed. 2. The developer shall dedicate land along Coronado Drive so that future street improvements can be completed. The final dedication appears to be 11-feet of additional right-of-way, however the final determination will be made by the City as deemed necessary in order to provide the roadway improvements as provided in the BWR Traffic Impact Analysis for this development dated October 2006 and/or as provided for RED Development dated January 2007, and/or as deemed necessary and appropriate by the City s Public Works Department and the Blue Springs City Council. 3. Roadway improvements and access should, at a minimum, meet the requirements provided in the Traffic Impact Analysis dated October 2006 prepared by Bucher Willis and Ratliff for Sports City, L.L.C. regarding the Sports City Commercial development and/or as agreed to by the City s Public Works Department. 4. Prior to approval of any PUD Final Plan, an overall Landscape Plan must be provided that clearly delineates the plant units that are attributed to open space, the plant units that are attributed to parking lot landscaping, and the plant units that are attributed to transition buffers so that staff can ensure that the correct number and size of plant units P.C. Minutes Page 12 of 20

13 are provided for the development. 5. Prior to PUD Final Plan approval, a landscape plan complying with City ordinances, as they exist at that time, must be provided and approved. 6. A minimum of 20% open space shall be required, and a maximum 20% reduction shall be allowed on a 40% open space requirement only, and/or as provided in the Pre-Development Agreement and, if approved, the R-O District 7. All future approvals must meet the City Codes adopted at the time of the submittal including, but not limited to, a permit renewal and/or extensions, the PUD Final Plan, and Building Permits. 8. Prior to the Final Plat and PUD Final Plan approval, developer must demonstrate to the satisfaction of the City, that water and sewer services are, or will be, provided prior to the issuance of a building permit for this commercial project. 9. Prior to a PUD Final Plan being approved, a final Storm Water Management Plan that addresses water quality as well as storm water controls will need to be approved by the Public Works Department. 10. The PUD Final Plan shall clearly show pedestrian circulation throughout the development, and particularly within and among the parking fields. 11. Architectural drawings will be required at the time of PUD Final Plan submittal. The architectural design is to be of high quality and shall be at a minimum, equal to the conceptual design quality provided with this submittal, and as required by the Pre-Development Agreement and, if approved, the R-O zoning district. 12. The minimum plant size for a large deciduous tree shall be a minimum 3 inch caliper at breast height; for an ornamental tree is shall be a minimum of 2.5 inch caliper at ground level; for a conifer/evergreen tree it shall be 8-10 foot minimum height; for a upright evergreen it shall be 6-8 foot minimum height, shrubs shall have a minimum spread of inches; and perennial/ornamental materials shall be a minimum 1 gallon in size but double in quantity to count as one plant unit. 13. The developer shall provide user amenities such as gathering spaces, public art, plazas, areas for outdoor seating and the like. Said amenities shall be shown in detail prior to or simultaneously with approval of any PUD Final Plan(s). 14. The final details of all open space shall be provided with the PUD Final Plan, and shall be consistent with the approved PUD Concept Plan. P.C. Minutes Page 13 of 20

14 15. A Master Sign Plan is required for all signs within this development. A separate application as required by Chapter 501 (Sign Code) is required in order for signs to be reviewed and evaluated. 16. The applicant shall seek ways to reduce the overall number of parking spaces in order to increase the overall landscape area and/or provide larger areas for public gathering and amenities. 17. The Final, approved, Property Owner s Association documents and CC&R s will be required prior to approval of any PUD Final Plan or Final Plat approvals. 18. If approved through the proposed R-O zoning, landscaping required to meet the project s parking lot requirements shall be counted towards the project s overall open space landscaping requirement. 19. If approved through the proposed R-O zoning, the plant units attributed to the open space landscape requirements shall be allowed to be provided within any area of the site, including the parking lot landscape areas and transition buffer areas. However, if located within a parking lot or transition buffer area, the open space plant units shall not be counted towards the otherwise required parking lot or transition buffer required plant units. AGENDA ITEM 9 PRELIMINARY PLAT / PP / Coronado Place NE Coronado Dr. & Adams Dairy Rd. (Related to Items 5 & 6) 20. If approved through the proposed R-O zoning, the area required for open space may be provided within the parking lot landscape areas or transition landscape buffer areas and shall not be considered a mutually exclusive area calculation. For instance, the parking lot landscape area can be counted towards the total open space area requirements for the site. Commissioner Susan Culpepper moved to approve the Preliminary Plat / PP / Coronado Place NE Coronado Dr. & Adams Dairy Rd. with staff recommendations with a change to number 5 to read Sidewalks are required along Coronado Drive and Adams Dairy Road (unless it is determined that the right-of-way is to be vacated) as per Section of the UDC and the Development Agreement. The Preliminary Plat does not show sidewalks along these thoroughfares, however, the developer is required to construct or escrow for the sidewalks prior to Final Plat approval. Commissioner Kent Edmondson STAFF Motion Carried Unanimously P.C. Minutes Page 14 of 20

15 RECOMMENDATIONS Staff recommends approval of the Preliminary Plat with the following conditions: 1. The Preliminary Plat shall be changed/modified, if necessary, to reflect any changes that are needed as a result of the PUD Concept Plan and Rezoning approval. 2. The developer/applicant will be required to provide the Area acreages on the Final Plat, and said acreages will need to be consistent with the lots proposed, minus roadway dedications as required by the Public Works Department. 3. A detailed Storm Water Management Plan is required prior to submittal of the PUD Final Plan and the Final Plat. 4. Prior to the Final Plat approval, provisions for maintenance of the storm water detention facility, landscaping, pedestrian paths and ways, and the parking lot shall be provided. This provision can be as direct as an agreement between the property owner and the City that states that the Shopping Center developer and/or specific tenants will be providing all maintenance as necessary to remain in compliance with the City Code. 5. Sidewalks are required along Coronado Drive and Adams Dairy Road (unless it is determined that the right-of-way is to be vacated) as per Section of the UDC and the Development Agreement. The Preliminary Plat does not show sidewalks along these thoroughfares, however, the developer is required to construct or escrow for the sidewalks prior to Final Plat approval. 6. Public sidewalks along Coronado Drive and Adams Dairy Road shall be shown on the Final Plat. 7. Prior to Final Plat approval, all infrastructure improvement shall be made, or if acceptable to the Director of Public Works, shall be secured by a Security Escrow per the UDC and the Public Works Department. 8. Building permits will not be issued until the Final Plat is recorded, and a copy of the recorded plat and ordinance are returned to the City s Community Development Department, and Final PUD Plan and Site Plan and Design Review, are approved by the Planning Commission. 9. The City shall grant no building permit or Final Plat until the water and sewer infrastructure servicing the project is installed and functioning. 10. The applicant shall amend the Preliminary Plat to identify all utility and cross access easements, and landscape buffer areas, including the dimensions and type of landscape buffer. In addition, the Final Plat(s) shall include easements as appropriate for all required landscaped buffer areas, cross access and utility easements as necessary. P.C. Minutes Page 15 of 20

16 11. The applicant and/or developer shall provide final documentation of the Property Owners Association documents and CC&R s prior to any Final Plat(s) being approved for this development. AGENDA ITEMS 7 & 8 SITE PLAN / DESIGN REVIEW / SPDR / Culver s Frozen Custard 1301 SW 7 Hwy. (Related to Item 8) PUD FINAL PLAN / PUDF / Mall at Fall Creek, Lot SW 7 Hwy. (Related to Item 7) APPLICANT QUESTIONS/ DISCUSSION AGENDA ITEM 7 SITE PLAN / DESIGN REVIEW / SPDR / Culver s Frozen Custard 1301 SW 7 Hwy. (Related to Item 8) 12. The developer has shown an Excepted Tract of land on the west side of Lot 8 and 9. This land needs to be called out as Tract A on the Amended Preliminary Plat and Final Plan. The Tract should be Final Platted at the same time as Lot 8 or 9, whichever is Final Platted first. Jim Holley, Assistant Community Development Director stated the applicants, Neighbor s Property Management, is requesting to construct a 4,507 square foot Culver s Frozen Custard fast food restaurant. The subject property is located at the Mall at Fall Creek, west of 7 Highway and north of Clark Road. The applicant is not requesting a new entrance to 7 Highway, and traffic entering or exiting the site will use the interior traffic patterns and routes at the Mall at Fall Creek. There is a signalized intersection on the north property line. This intersection regulates traffic between the main entrance to the Mall at Fall Creek and 7 Highway. Existing conditions are adequate to handle the additional traffic generated, and no new traffic study was required. The Site Plan for Culver s Frozen Custard shows traffic entering the site from the west (Mall at Fall Creek) through two entrances. The southernmost entrance is a one way entrance, and will generally be used by employees. Customers using this entrance will be required to circulate around the building for either parking or to use the drive thru. The northernmost entrance is the main entrance to the site. Customers using this entrance will make an immediate right turn to use the drive thru. Chris McGuire None Commissioner Kent Edmondson moved to approve the Site Plan / Design Review / SPDR / Culver s Frozen Custard 1301 SW 7 Hwy. with staff recommendations. Commissioner G. Douglas Farmer P.C. Minutes Page 16 of 20

17 STAFF RECOMMENDATIONS Motion Carried Unanimously Staff recommends approval of the Site Plan & Design Review for Culver s Frozen Custard and the PUD Final Plan for The Mall at Fall Creek, Lot 3 subject to the following conditions: 1. 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 any occupancy permits, all roof and ground mounted equipment must be wholly screened within 300 ft. of street right-of-way or residentially zoned property. 3. Prior to the issuance of building permits, renderings and details of all exterior lighting poles and fixtures shall be submitted to the Community Development Department. AGENDA ITEM 8 PUD FINAL PLAN / PUDF / Mall at Fall Creek, Lot SW 7 Hwy. (Related to Item 7) 4. A Master Sign Plan shall be submitted to and approved by the Planning Commission prior to the permanent signage being installed or placed on the property. All sign applications must go through the normal permitting process and meet the requirements of the Sign Code. 5. Prior to the issuance of building permits, a revised landscape plan shall be submitted showing an earth berm along 7 Highway. This berm shall be no greater than a 3:1 slope. Commissioner Kent Edmondson moved to approve the PUD Final Plan / PUDF / Mall at Fall Creek, Lot SW 7 Hwy. with staff recommendations. STAFF RECOMMENDATIONS Commissioner G. Douglas Farmer P.C. Minutes Page 17 of 20

18 Motion Carried Unanimously Staff recommends approval of the Site Plan & Design Review for Culver s Frozen Custard and the PUD Final Plan for The Mall at Fall Creek, Lot 3 subject to the following conditions: 1. 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 any occupancy permits, all roof and ground mounted equipment must be wholly screened within 300 ft. of street right-of-way or residentially zoned property. 3. Prior to the issuance of building permits, renderings and details of all exterior lighting poles and fixtures shall be submitted to the Community Development Department. AGENDA ITEM 10 PRELIMINARY PLAT / PP / Chapman Woods 12 th Street & Wyatt Rd. 4. A Master Sign Plan shall be submitted to and approved by the Planning Commission prior to the permanent signage being installed or placed on the property. All sign applications must go through the normal permitting process and meet the requirements of the Sign Code. 5. Prior to the issuance of building permits, a revised landscape plan shall be submitted showing an earth berm along 7 Highway. This berm shall be no greater than a 3:1 slope. Scott Allen, Community Development Director stated Chapman Woods is proposed to be a single family subdivision developed in three phases, 76 lots are zoned SF-12/PR-O for larger lot single family housing and 41 lots are Zoned SF-7/PR-O. The developer is proposing to construct 12 th Street between Wyatt Road on the south to the 12 th Street connection on the north in the Southgate Hills subdivision. APPLICANT QUESTIONS/ DISCUSSION AGENDA ITEM 10 PRELIMINARY PLAT / PP / Chapman The Chapman Woods project received Planning Commission recommendation for approval for a Rezoning to the current zoning districts on October 23, 2006, and the City Council approved the Rezoning request on November 6, A Preliminary Plat was approved by the Planning Commission on February 26, 2007 for 3 large lots to be sold and developed separately. The PR-O Concept Plan was approved by the City Council on April 2, The Final Plat for the 3 lots to be sold was recommended for approval by the Planning Commission on May 14, 2007 and approved by the City Council on May 21, Kim Roam, Attorney Tom Williams, Oakwood Development Paul Miller, Technical Design Services None P.C. Minutes Page 18 of 20

19 Woods 12 th Street & Wyatt Rd. Commissioner Susan Culpepper moved to approve the Preliminary Plat / PP / Chapman Woods 12 th Street & Wyatt Rd. with staff recommendations with a change to number 8 to read The applicant shall file application for a PR-O Concept Plan and a PR-O Final Plan prior to the development of any lots shown on the Preliminary Plat. With a change to number 10 to read Prior to the submittal of the PR-O Final Plat, all of Wyatt Road abutting this property must be annexed, by the developer into the City of Blue Springs. STAFF RECOMMENDATIONS Commissioner Jeanie Lauer Motion Carried Unanimously The Preliminary Plat generally conforms to the UDC requirements for platting. Staff would recommend approval, with the following additional comments and conditions to be addressed prior to Final PUD Plan or Final Plat approval: 1. Prior to Final Plat approval, all road names shall be verified with public safety agencies and renamed if necessary. 2. Prior to Final Plat approval, language must be included in the Final Plat stating the builders and developers responsibilities regarding all the sidewalks. 3. Prior to Final Plat approval, all infrastructure improvement requirements, including SW Wyatt Road must be constructed, per the UDC and the Public Works Department. 4. No building permits will be issued until the Final Plat is approved and recorded and Final PR-O Plan is approved for each of the 3 subdivisions and a copy of the recorded Final Plat is returned to the Community Development Department 5. Prior to Final Plat approval, a letter from Water District 13 shall be submitted verifying that all water lines have been constructed and water is available for the operation of the subdivision. 6. Before building permits are issued sanitary sewer service must be available and in operation. 7. Prior to Final Plat approval the Conditions, Covenants, and P.C. Minutes Page 19 of 20

20 Restrictions must be submitted. 8. The applicant shall file application for a PR-O Concept Plan and a PR-O Final Plan prior to the development of any lots shown on the Preliminary Plat. 9. The developer shall agree to file a Preliminary and Final Plat for each lot shown on this Preliminary Plat prior to the development of any lot within the subdivision. 10. Prior to the submittal of the PR-O Final Plat, all of Wyatt Road abutting this property must be annexed, by the developer into the City of Blue Springs. OTHER BUSINESS MEETING ADJOURN The next scheduled meeting is Monday, June 11, With no further discussion, a motion was made by Commissioner Susan Culpepper and seconded by Joseph Haney, to adjourn at 11:40 p.m. Motion carried unanimously. Tonya Klima, Recording Secretary Ken Billups, Chairman P.C. Minutes Page 20 of 20