City of Blue Springs 903 Main Blue Springs, Missouri 64015

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1 APPROVED City of Blue Springs 903 Main Blue Springs, Missouri Planning Commission MINUTES Monday, October 28, 2013 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, October 28, 2013 with the following members, guests and staff in attendance: ATTENDANCE Mark Trosen Phil Bartolotta Jason Sanders George Abbott Travis Graham Ken Billups, Chairman James Wallace Ginger Duhon Lynn Banks Joseph Haney Jim Holley, Community Development Assistant Director Sara Wilbur, Planning Technician Ben McCabe, City Engineer Bob McDonald, City Attorney Dale Carter, Councilman District 1 (Mayor Pro-Tem) Karen Findora, Recording Secretary Donna Lien, Public Stenographer Brandon Dumsky, Examiner ABSENT CALL TO ORDER CONSENT AGENDA APPROVAL AGENDA ITEM 2 PUBLIC HEARING / VACATION / VAC / Lake Ridge Village, Lot 7 PUD Final Plan / 1570 NE Duncan Road Planning Commissioner LaTasha McCall Scott Allen, Community Development Director Chairman Ken 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 Commissioner James Wallace, a second from Commissioner Travis Graham and a unanimous vote, the Minutes of October 14, 2013, were approved as submitted. The public hearing for Agenda Item 2 was opened at 6:33 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. 1. Staff Report with attachments 2. Affidavit of Publication in B.S. Examiner on October 12, P.C. Minutes Page 1 of 19 kf

2 APPROVED STAFF COMMENTS Application with attachments 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 B.S. Code of Ordinances (by reference) Comprehensive Plan (by reference) Jim Holley, Assistant Director of Community Development, stated that before the Commission is a request for a vacation of a previously approved PUD Final Plan for Lake Ridge Village Lot 7. The property is located east of the intersection of NE Adams Dairy Parkway and NE Duncan Road with an address of 1570 NE Duncan Road. The property is zoned GB/R-O (General Business/Restricted Overlay). The applicant proposes to gain approval for a new mixed-use development plan that does not follow the existing PUD. The bank whom owns the property agrees with the vacation application that the applicant has brought forward. QUESTIONS APPLICANT Commissioner Mark Trosen asked how many lots are associated with the original PUD. Mr. Holley stated that they never fully platted the property. There are a number of lots, in this PUD. Mr. Holley stated that we are not removing any lots just vacating the Final PUD Plan. When the approval for the PUD Final Plan came through it didn t follow a formally platted lot, it followed an area to be plated which will give this area a blank slate. Mr. Holley stated that vacating this PUD Final Plan doesn t necessarily erase the previously approved Concept Plan. Anything that happens to this property in the future would still be required to go in front of the Planning Commission and the City Council. Greg Brown, DHM Design Denver, Colorado Nicholas Digiuseppe, President Southbrook Investments, Inc. Dallas, TX Jerry & Brenda Murphy, Murphy Law Firm Kansas City, MO Mr. Brown presented a PowerPoint presentation. (PowerPoint made a part of these Minutes.) Mr. Brown stated that the applicant envisions the property as having a commercial tract at the intersection and a series of mixed use parcels; three (3) fifteen acre for mixed used, some residential, office, retail and restaurant uses. There are two (2) medium density pods, much lower density like townhome or single family lots. The applicant is proposing trails that P.C. Minutes Page 2 of 19 kf

3 APPROVED would tie into the existing trails around the lake. The applicant is working with a public/private partnership with the City. There is a piece of property that the City owns that s close to the lake. The applicant would like to work with the City to create a great use for this land that would benefit the lake and the City s property along with this development to tie it all together. WITNESSES IN FAVOR WITNESSES OPPOSED HEARING CLOSED MOTION AGENDA ITEM 2 PUBLIC HEARING / VACATION / VAC / Lake Ridge Village, Lot 7 PUD Final Plan / 1570 NE Duncan Road SECOND None. None. With no further discussion, Chairman Billups closed the public hearing at 6:45 p.m. Commissioner James Wallace recommended the approval of the Vacation / VAC / Lake Ridge Village, Lot 7 PUD Final Plan. Seconded by Commissioner Travis Graham. VOTE Mark Trosen Aye Joseph Haney Aye Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye (APPROVED 10-Aye, 0-No) LaTasha McCall Absent Travis Graham Aye George Abbott Aye James Wallace Aye Phil Bartolotta Aye AGENDA ITEM 3 PUBLIC HEARING / AMENDED REDEVELOPMENT MODIFICATION PLAN / RMP / Amended Copperleaf Village Shopping Center / NW of Hwy. 7 & NW R. D. Road The public hearing for Agenda Item 3 was opened at 6:47 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. 1. Staff Report with attachments 2. Affidavit of Publication in B.S. Examiner on October 12, Application with attachments 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 B.S. Code of Ordinances (by reference) Comprehensive Plan (by reference) P.C. Minutes Page 3 of 19 kf

4 APPROVED STAFF COMMENTS Mr. Holley stated that before the Commission is a request for approval of an Amended Redevelopment Modification Plan for Copperleaf Village. The property is located on the west side of NW 7 Highway, north of NW R. D. Mize Road and South of Hearnes Avenue with an address of NW 7 Highway. The applicant is proposing to add the said property into the already approved Redevelopment Modification Plan. Hardee s Restaurant is proposed for this area of the modified plan. The total land area included in the plan will be approximately 5.55 acres of which Hardee s will occupy approximately 0.84 acres. The applicant does meet the requirements for approval of the Redevelopment Modification Plan and staff recommends approval with six (6) conditions. APPLICANT WITNESSES IN FAVOR WITNESSES OPPOSED Commissioner Lynn Banks asked about the entrance to the area. Mr. Holley stated that the access in question needs to be a minimum of 125 ft. to the right-of-way. Currently it s too close to Highway 7. Dan McGhee, HDR Engineering, Inc NE Truman Road Lee s Summit, MO Mr. McGhee stated that they agree with staff comments. None. HEARING CLOSED MOTION AGENDA ITEM 3 PUBLIC HEARING / AMENDED REDEVELOPMENT MODIFICATION PLAN / RMP / Amended Copperleaf Karyn Day 104 NW Locust Drive Blue Springs, MO Ms. Day stated that she felt that the location for the Hardee s Restaurant is not a good fit. Ms. Day stated that the traffic that will be generated is hazardous to this location. Ms. Day stated that there are children that attend the dance studio that is located behind the purposed Hardee s and the traffic that it will generate in this location is not a good choice. Chairman Billups reminded Ms. Day that the public hearing is on the Redevelopment Modification Plan and not on Hardee s in particular. With no further discussion, Chairman Billups closed the public hearing at 6:57 p.m. Commissioner Mark Trosen recommended the approval of the Amended Redevelopment Modification Plan / RMP / Amended Copperleaf Village Shopping Center with six (6) staff recommendations and amending condition number five (5) that the updated traffic study not only include the impacts of the surrounding transportation infrastructure that is also takes a look at the interior traffic circulation and to include the P.C. Minutes Page 4 of 19 kf

5 APPROVED Village Shopping Center / NW of Hwy. 7 & NW R. D. Road purposed use. SECOND VOTE Seconded by Commissioner Lynn Banks. STAFF RECOMMENDATIONS Mark Trosen Aye Joseph Haney Aye Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye (APPROVED 10-Aye, 0-No) LaTasha McCall Absent Travis Graham Aye George Abbott Aye James Wallace Aye Phil Bartolotta Aye AGENDA ITEM 4 PRELIMINARY PLAT / PP / Copperleaf Village Lots 1-4, Tract A / NW of Hwy. 7 & NW R. D. 1. The applicant will be required to install sidewalk along NW 7 Highway and NW RD Mize Road along the frontage where sidewalk is not currently located. The sidewalk must tie into the hard corner of R.D. Mize Road and 7 Highway and accessibility shall be provided to include slopes, width and ramps. 2. As part of the Redevelopment Modification Plan (RMP) the applicant has requested that the buffer along NW 7 Highway be reduced to 5-feet. The applicant will need to show landscape easements along all three streets on the Final Plat. 3. Storm-water design information is required to verify the proposed storm drainage system. 4. The proposed islands and areas behind the curb and gutter of the proposed Hardee s restaurant site shall incorporate storm water quality best management practices into the design. 5. An updated traffic study prepared by a Professional Engineer licensed in Missouri is required to determine impacts to the surrounding transportation infrastructure for the intersection of NW R. D. Mize Road and NW 7 Highway and to determine impacts to the interior traffic circulation and to include the purposed use. The traffic study will be reviewed by both the Missouri Department of Transportation (MoDOT) and the City of Blue Springs Public Works Department. Developments. Development of the property at this intersection cannot move forward until the traffic study has been completed, reviewed by the City of Blue Springs, and any recommended improvements are incorporated. 6. The north entrance for the proposed Hardee s restaurant located along the southerly east-west drive aisle of the development is too close to the NW 7 Highway right-of-way. This access shall be a minimum of 125 feet west of the NW 7 Highway right-of-way. Mr. Holley stated that before the Commission is a request for approval of a Preliminary and Final Plat for 5.55 acre parcel subdivided into 4 lots and 1 tract. Copperleaf Village, Lots 1-4 and Tract A is located on the west side P.C. Minutes Page 5 of 19 kf

6 APPROVED Mize Road & AGENDA ITEM 5 FINAL PLAT / PF / Copperleaf Village Lots 1-4, Tract A / NW of Hwy. 7 & NW R. D. Mize Road APPLICANT of NW 7 Highway, north of NW R. D. Mize Road and South of Hearnes Avenue with address of NW 7 Highway. The applicant is required to install sidewalk along NW 7 Highway and NW R. D. Mize Road along the frontage where sidewalk is not currently located. The sidewalk must tie into the hard corner of R. D. Mize Road and 7 Highway and accessibility shall be provided to include slopes, width and ramps. The applicant will need to show landscape easements along all three streets on the Final Plat. There are street improvements that may need to be developed. The applicant is required to show a foot landscape easement along NW 7 Highway and NW R. D. Mize Road, and a 7-15 foot landscape easement along NW Heanes Avenue. Dan McGhee, HDR/Archer Engineering, Inc. MOTION AGENDA ITEM 4 PRELIMINARY PLAT / PP / Copperleaf Village Lots 1-4, Tract A / NW of Hwy. 7 & NW R. D. Mize Road SECOND VOTE Mr. McGhee stated that he will take a look at the traffic study and will meet with staff to look at the external and internal parameters. Commissioner Mark Trosen moved to approve the Preliminary Plat / PP / Copperleaf Village Lots 1-4, Tract A with nine (9) staff recommendations modifying recommendation number five (5) to read, An updated traffic study prepared by a Professional Engineer licensed in Missouri is required to determine impacts to the surrounding transportation infrastructure for the intersection of NW R. D. Mize Road and NE 7 Highway, and the internal site traffic circulation based on the currently proposed fast food restaurant on Lot 2. The traffic study will be reviewed by both the Missouri Department of Transportation intersection cannot move forward until the external and internal traffic study has been completed, reviewed by the City of Blue Springs, and any recommended improvements are incorporated. Seconded by Commissioner Lynn Banks. STAFF RECOMMENDATIONS Mark Trosen Aye Joseph Haney Aye Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye (APPROVED 10-Aye, 0-No) LaTasha McCall Absent Travis Graham Aye George Abbott Aye James Wallace Aye Phil Bartolotta Aye 1. The applicant will be required to install sidewalk along NW 7 Highway and NW R. D. Mize Road along the frontage where sidewalk is not currently located. The sidewalk must tie into the hard corner of R. D. Mize Road and 7 Highway and accessibility shall be provided to include slopes, width and ramps. 2. As part of the Redevelopment Modification Plan (RMP) the applicant has requested that the buffer along NW 7 Highway be reduced to 5-feet. The applicant will need to show landscape easements along all three streets on the Final Plat. P.C. Minutes Page 6 of 19 kf

7 APPROVED MOTION AGENDA ITEM 5 FINAL PLAT / PF / Copperleaf Village Lots 1-4, Tract A / NW of Hwy. 7 & NW R. D. Mize Road SECOND VOTE 3. Storm water design information is required to verify the proposed storm drainage system. 4. The proposed islands and areas behind the curb and gutter of the proposed Hardee s restaurant site shall incorporate storm water quality best management practices (bmp s) into the design. 5. An updated traffic study prepared by a Professional Engineer licensed in Missouri is required to determine impacts to the surrounding transportation infrastructure for the intersection of NW R. D. Mize Road and NW 7 Highway and the internal site traffic circulation based on the currently proposed fast food restaurant on Lot 2. The traffic study will be reviewed by both the Missouri Department of Transportation (MoDOT) and the City of Blue Springs Public Works Department. Developments. Development of the property at this intersection cannot move forward until the traffic study has been completed, reviewed by the City of Blue Springs, and any recommended improvements are incorporated. 6. The north entrance for the proposed Hardee restaurant located along the southerly east-west drive aisle of the development is too close to the NW 7 Highway right-of-way. This access shall be a minimum of 125 feet west of the NW 7 Highway right-of-way. 7. The applicant is required to show a foot landscape easement along NW 7 Highway and NW R. D. Mize Road, and a 7-15 foot landscape easement along NW Hearnes Avenue. 8. 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. 9. 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. Commissioner Mark Trosen recommended the approval of the Final Plat / PF / Copperleaf Village Lots 1-4, Tract A with nine (9) staff recommendations modifying recommendation number five (5) to read, An updated traffic study prepared by a Professional Engineer licensed in Missouri is required to determine impacts to the surrounding transportation infrastructure for the intersection of NW R. D. Mize Road and NE 7 Highway, and the internal site traffic circulation based on the currently proposed fast food restaurant on Lot 2. The traffic study will be reviewed by both the Missouri Department of Transportation intersection cannot move forward until the external and internal traffic study has been completed, reviewed by the City of Blue Springs, and any recommended improvements are incorporated. Seconded by Commissioner Joseph Haney. Mark Trosen Aye Joseph Haney Aye LaTasha McCall Absent Travis Graham Aye P.C. Minutes Page 7 of 19 kf

8 APPROVED STAFF RECOMMENDATIONS Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye (APPROVED 10-Aye, 0-No) George Abbott Aye James Wallace Aye Phil Bartolotta Aye AGENDA ITEM 6 SITE PLAN/DESIGN REVIEW / SPDR / Hardee s / 701 NW 1. The applicant will be required to install sidewalk along NW 7 Highway and NW R. D. Mize Road along the frontage where sidewalk is not currently located. The sidewalk must tie into the hard corner of R. D. Mize Road and 7 Highway and accessibility shall be provided to include slopes, width and ramps. 2. As part of the Redevelopment Modification Plan (RMP) the applicant has requested that the buffer along NW 7 Highway be reduced to 5-feet. The applicant will need to show landscape easements along all three streets on the Final Plat. 3. Storm water design information is required to verify the proposed storm drainage system. 4. The proposed islands and areas behind the curb and gutter of the proposed Hardee s restaurant site shall incorporate storm water quality best management practices (bmp s) into the design. 5. An updated traffic study prepared by a Professional Engineer licensed in Missouri is required to determine impacts to the surrounding transportation infrastructure for the intersection of NW R. D. Mize Road and NW 7 Highway and the internal site traffic circulation based on the currently proposed fast food restaurant on Lot 2. The traffic study will be reviewed by both the Missouri Department of Transportation (MoDOT) and the City of Blue Springs Public Works Department. Developments. Development of the property at this intersection cannot move forward until the traffic study has been completed, reviewed by the City of Blue Springs, and any recommended improvements are incorporated. 6. The north entrance for the proposed Hardee restaurant located along the southerly east-west drive aisle of the development is too close to the NW 7 Highway right-of-way. This access shall be a minimum of 125 feet west of the NW 7 Highway right-of-way. 7. The applicant is required to show a foot landscape easement along NW 7 Highway and NW R. D. Mize Road, and a 7-15 foot landscape easement along NW Hearnes Avenue. 8. 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. 9. 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. Mr. Holley stated that before the Commission is a request for approval for a P.C. Minutes Page 8 of 19 kf

9 APPROVED 7 Hwy. 2,350 sq. ft. fast food restaurant with drive-thru window, landscaping and associated parking. The property is located on the northwest corner of R. D. Mize and SE 7 Highway with an address of 701 NW 7 Highway. The property is zoned GB (General Business) and is appropriate for this type of use. The parking and stacking does meet UDC requirements. Details of the signage were provided in the packet but they are not a part of the Site Plan/Design Review process. As long as the applicant meets the sign code requirements for signs they will be approved thru our standard sign permitting if they ask for something outside of the Code they will come back in front of the Planning Commission to ask for approval. Ground mounted equipment has to be fully screened. Details of the trash enclosure have not been provided and they will need to be provided with the building permit drawings. The applicant did provide a landscape plan. The applicant is requesting 99 fewer plant units then is required for this development. There are 76 plant units for the parking lot of which 75% should be large deciduous trees that would equate to 57 plant units. The applicant is short on plant units and they are also short on large deciduous trees for the parking lot based on the parking lot requirement. QUESTIONS Staff would like to see the applicant do some best management practice type things for stormwater like capture some of the water in their landscape islands. Chairman Billups would like to see the door on the east elevation removed. Commissioner Trosen asked if there were any discussion of moving the exits on the west side further to the south so that you don t have the interference with parking spaces backing out, traffic coming and going and also the proposed uses on that lot 1. Mr. Holley stated that they didn t have a lot of discussion on moving the entrance. APPLICANT Chairman Billups asked about the other entrance that staff has requested that the applicant move their entrance further to the east near the trash enclosure; will that hinder the trash company from picking up the trash. Brent Sontag, Haney & Associate Architects 1726 S Hillside Street Wichita, Kansas QUESTIONS Mr. Sontag represents Greg Gastineau, Rosenfield Restaurants. Mr. Sontag stated that the applicant would omit the east door. Roof access has been moved inside the building. In regards to the trash enclosure the applicant has moved the trash enclosure to the area adjacent to the drive thru entrance. This will not affect the drive thru entrance. Commissioner Lynn Banks asked if this is the same owner as the store that was located up north. Mr. Sontag stated that this is not the same owner. Commissioner Banks asked the applicant if they considered other locations in Blue Springs. Mr. Sontag stated that this site best suited their needs. P.C. Minutes Page 9 of 19 kf

10 APPROVED MOTION AGENDA ITEM 6 SITE PLAN/DESIGN REVIEW / SPDR / Hardee s / 701 NW 7 Hwy. Commissioner Ginger Duhon asked the applicant what would replace the east door. Mr. Sontag stated that they would maintain the stone wainscot and add some decorative stars and incorporate a canopy. Commissioner Travis Graham moved to approve the Site Plan/Design Review / SPDR / Hardee s with 14 staff recommendations. SECOND VOTE Seconded by Commissioner Joseph Haney. STAFF RECOMMENDATIONS Mark Trosen Aye Joseph Haney Aye Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye (APPROVED 10-Aye, 0-No) LaTasha McCall Absent Travis Graham Aye George Abbott Aye James Wallace Aye Phil Bartolotta Aye 1. Approval by the Planning Commission is based on the representations of any drawings presented as part of this application and does not waive any requirement or development standard contained in the UDC nor any condition required by the Planning Commission as part of this approval. 2. Prior to the issuance of an occupancy permit, all roof, building and ground mounted equipment, including but not limited to, utility meters, backflow prevention devices, trash receptacles, electrical transformers, telephone boxes must be wholly screened within 300 ft. of street right-of-way, parking lots, or residentially zoned property. 3. Per Section K of the UDC, upon installation of the landscaping, a Licensed Landscape Architect shall submit a letter certifying the landscape installation is in accordance with the approved landscape plan before issuance of the Certificate of Occupancy. 4. Signs that are in compliance with the Sign Code will be approved administratively through the standard sign permitting process, but are not approved as a part of this application. 5. The applicant will be required to install sidewalk along NW 7 Highway and NW R. D Mize Road along the frontage where sidewalk is not currently located. The sidewalk must tie into the hard corner of R. D. Mize Road and 7 Highway and accessibility shall be provided to include slopes, width and ramps. 6. The awnings over the windows should be lowered so that they slightly hang over the top of the windows for which they are to shade. P.C. Minutes Page 10 of 19 kf

11 APPROVED 7. Staff recommends that a rigid awning be placed over the rear door, and that the applicant also provide a band of stars similar to what has been provided on the north and south facade along the upper portion of the west façade. 8. The applicant will be required to show the designated loading/unloading space on the building permit plans and staff will administratively approve the space through the building permit process. 9. The applicant will be required to show on the building permit plans that 75% of the landscaping plant units for the parking lot landscaping will be large deciduous trees as required by Section E Staff recommends that additional plant units be provided for the buffers along R. D. Mize Road and SW 7 Highway. Assuming that the Redevelopment Modification Plan is approved it will be difficult to get the required number of plant units along the SW 7 Highway frontage given the 5-foot landscape buffer allowance. Staff recommends that additional plant units be provided in open space areas so that the requisite total number of plant units are provided. 11. The landscape plan shall be considered an Alternative Compliance Landscape Plan in accordance with Section I, Alternative Compliance, said plan to be modified accordingly prior to approval of a building permit. 12. Details of the trash enclosure shall be provided with the building permit plans and must be in accordance with Section G. 13. Stormwater design information shall be required to verify the proposed storm drainage system, and the proposed islands and areas behind the curb and gutter of the proposed Hardee s restaurant site shall incorporate stormwater quality BMP s into the design. AGENDA ITEM 7 PRELIMINARY PLAT / PP / Wendy s Lot 1 Remodel / 310 NW 7 Hwy. & 14. Prior to approval of any construction permit, a utility plan shall be submitted showing the existing sanitary sewer and location of the sanitary sewer service connection for the restaurant. If they need to extend the existing public sanitary sewer, plan and profile drawings shall be submitted to the Public Works Department for approval. Sara Wilbur, Planning Technician stated that before the Commission is a request for Preliminary and Final Plat approval for a 0.73 acre lot. The property is located on the Northeast corner of the NW 7 Highway and NW Vesper Street intersection with and address of 310 NW 7 Highway. AGENDA ITEM 8 FINAL PLAT / PF / Wendy s Lot 1 Remodel / 310 NW 7 Hwy. The Legacy Restaurant Group, LLC is proposing to remodel and construct a seven hundred forty eight (748) square feet addition to the Wendy s Restaurant located at 310 NW 7 Hwy. The property is generally located at P.C. Minutes Page 11 of 19 kf

12 APPROVED APPLICANT COMMENTS the northeast corner of the NW 7 Highway and NW Vesper Street intersection. The existing building is 2,429 square feet. UDC Section A. requires that the property be platted when development occurs on any parcels not previously platted. Development is defined as Any subdivision of land; any consolidation or accumulation of tracts of land; any material change in the use or appearance of any parcel of land; any activity that affects lot lines, easement locations, number of lots, setbacks, locations of structures, dedications of streets or utilities; or the act of building structures or improvements on land. The addition of seven hundred forty eight (748) square feet exceeds 25% of the floor area of the existing building requiring the site be brought into conformance with the requirements of the current Unified Development Code (Section ). Kathleen Warman, K. Warman Architecture & Design 1828 Swift North Kansas City, MO Ms. Warman stated that the applicant agrees with staff recommendations. Chairman Billups described his disappointment in how this project is going forward. Chairman Billups stated that he felt this project should have gone through Site Plan/Design Review. Ms. Warman stated that Wendy s Corp. used to own the property and they divested all of their corporate locations and sold them to franchisees or have long term leased them (20 years). Legacy Restaurant Group, LLC is now the controlling entity for this site. Wendy s Corporate has incentivized these franchises to remodel and upgrade these old time stores. Sometimes as large corporations they have put extreme pressure on these franchises to complete these updates in a short amount of time. Ms. Warman stated that they were asked to come to the City and ask how can they do this and meet the time schedule that has to be met. Ms. Warman stated that they have to be opened up by the end of November and there would have been no way to do this by going through a full Site Plan/Design Review application process. Ms. Warman stated that this building would be mainly brick and a tremendous amount of landscape would be added. Curb cuts, traffic flow and the drive up window will stay exactly the same. MOTION AGENDA ITEM 7 PRELIMINARY PLAT / PP / Wendy s Lot 1 Remodel / 310 NW 7 Hwy. Chairman Billups expressed that he would be amazed if any of the original building would be left. Chairman Billups understands that there are time restraints and he appreciates the fact that they are reusing the site so we don t end up with another empty building. Chairman Billups had concerns with the walk in cooler located on the back of the building. It s a metal box on a back of the building and it hasn t been tied into the building at all. Ms. Warman stated that it will be fully screened. Commissioner James Wallace moved to approve the Preliminary Plat / PP / Wendy s Lot 1 Remodel with two (2) staff recommendations. P.C. Minutes Page 12 of 19 kf

13 APPROVED SECOND VOTE Seconded by Commissioner Travis Graham. STAFF RECOMMENDATIONS Mark Trosen Aye Joseph Haney Aye Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye (APPROVED 10-Aye, 0-No) LaTasha McCall Absent Travis Graham Aye George Abbott Aye James Wallace Aye Phil Bartolotta Aye 1. Sidewalk improvements must be installed or a financial guarantee posted prior to approval of the Final Plat by the City Council. MOTION AGENDA ITEM 8 FINAL PLAT / PF / Wendy s Lot 1 Remodel / 310 NW 7 Hwy. SECOND VOTE 2. Prior to the Certificate of Occupancy being issued, 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 in order to obtain any building permits. Commissioner James Wallace recommended the approval of the Final Plat / PF / Wendy s Lot 1 Remodel with two (2) staff recommendations. Seconded by Commissioner Travis Graham. STAFF RECOMMENDATIONS Mark Trosen Aye Joseph Haney Aye Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye (APPROVED 10-Aye, 0-No) LaTasha McCall Absent Travis Graham Aye George Abbott Aye James Wallace Aye Phil Bartolotta Aye 1. Sidewalk improvements must be installed or a financial guarantee posted prior to approval of the Final Plat by the City Council. AGENDA ITEM 9 FINAL PLAT / PF / Parkway Estates PR- O 19 th Plat, Lots 1-15 & Tract H-2 / SE Moreland School Road & SE Monterrey Drive 2. Prior to the Certificate of Occupancy being issued, 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 in order to obtain any building permits. Mr. Holley stated that before the Commission is a request for approval of a Final Plat for Parkway Estates PR-O Final Plats 19 and 20. The property is located on the northeast corner of Adams Dairy Parkway and Moreland School Road, east of Monterrey Drive. The proposed Final Plats do not deviate from the previously approved PR-O Plan and Preliminary Plats. P.C. Minutes Page 13 of 19 kf

14 APPROVED & AGENDA ITEM 10 FINAL PLAT / PF / Parkway Estates PR- O 20 th Plat, Lots / SE Moreland School Road & SE Monterrey Drive APPLICANT The lot layouts confirm to the conceptual plan as well as the Preliminary Plat. The sanitary sewer and water utilities have been completed. Stormwater management plans for the Parkway Estates Subdivision were approved with the previous development. Easements have been provided the applicant is required to install sidewalk along Monetary Avenue. Street improvements for SE Carmine Court and SE Crimson Court have not been completed. Mr. Holley stated that he visited the site today and it looked like the improvements were completed but not yet accepted to City standards. The open space and landscaping meets the original conceptual plan. Staff recommends approval of both Final Plats along with nine (9) conditions. Randy Sallee, RL Sallee Real Estate Investments, LLC MOTION AGENDA ITEM 9 FINAL PLAT / PF / Parkway Estates PR- O 19 th Plat, Lots 1-15 & Tract H-2 / SE Moreland School Road & SE Monterrey Drive Mr. Sallee stated that he is in the process of finalizing the dirt work and stormwater dentition. Streets are in the process of being inspected. There are 27 platted lots in this phase. Mr. Sallee stated that he would comply with all of staff s recommendations. Commissioner Joseph Haney recommended the approval of the Final Plat / PF / Parkway Estates PR-O 19 th Plat, Lots 1-15 & Tract H-2 with nine (9) staff recommendations. SECOND VOTE Seconded by Commissioner Lynn Banks. STAFF RECOMMENDATIONS Mark Trosen Aye Joseph Haney Aye Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye (APPROVED 10-Aye, 0-No) LaTasha McCall Absent Travis Graham Aye George Abbott Aye James Wallace Aye Phil Bartolotta Aye 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. All remaining sidewalk improvements along local streets must be installed prior to issuance of a certificate of occupancy for each lot where sidewalks are required. 3. Prior to building permits being issued, the Final Plats and Association Agreement shall be recorded with Jackson County and P.C. Minutes Page 14 of 19 kf

15 APPROVED all required documents must be returned to the Community Development Department once the plat has been recorded. 4. As-Built Drawings (also known as Record Drawings) marked up to reflect changes made during the construction process shall be prepared and submitted to the Public Works Department in both electronic and hard copy version. 5. The applicant shall provide a performance and maintenance bond for the public infrastructure new street and new waterline. 6. The storm water detention facility at the end of Carmine Court must be installed and vegetated as established in the original construction plans for Parkway Estates Phase II. Following reconstruction, a final survey of the detention basin is required to verify as built constructed features match storm drainage plan requirements. 7. Installation of erosion control measures depicted in the original construction plans for Parkway Estates Phase II to ensure sedimentation does not leave the development site. 8. Any sanitary sewer force main should be defined in a note on the final plat denoting the ownership and maintenance of the private sanitary force mains along Crimson and Carmine Courts belong to the Parkway Estates Home Owner's Association. MOTION AGENDA ITEM 10 FINAL PLAT / PF / Parkway Estates PR- O 20 th Plat, Lots / SE Moreland School Road & SE Monterrey Drive 9. The Declaration of Covenants, Conditions, Easements, and Restrictions of Parkway Estates East should address the following statements: o The privately maintained sanitary sewer force mains along Carmine and Crimson Courts should be added to the list of items to be operated and maintained by the home owner s association. o Sump pumps shall not be connected to the sanitary sewer system. Commissioner Joseph Haney recommended the approval of the Final Plat / PF / Parkway Estates PR-O 20 th Plat, Lots with nine (9) staff recommendations. SECOND VOTE Seconded by Commissioner Lynn Banks. STAFF RECOMMENDATIONS Mark Trosen Aye Joseph Haney Aye Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye LaTasha McCall Absent Travis Graham Aye George Abbott Aye James Wallace Aye Phil Bartolotta Aye P.C. Minutes Page 15 of 19 kf

16 APPROVED (APPROVED 10-Aye, 0-No) 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. All remaining sidewalk improvements along local streets must be installed prior to issuance of a certificate of occupancy for each lot where sidewalks are required. AGENDA ITEM 11 FINAL PLAT / PF / The Estates at Chapman Farms 1 st Plat, A Replat of A Replat of Part of 3. Prior to building permits being issued, the Final Plats and Association Agreement shall be recorded with Jackson County and all required documents must be returned to the Community Development Department once the plat has been recorded. 4. As-Built Drawings (also known as Record Drawings) marked up to reflect changes made during the construction process shall be prepared and submitted to the Public Works Department in both electronic and hard copy version. 5. The applicant shall provide a performance and maintenance bond for the public infrastructure new street and new waterline. 6. The storm water detention facility at the end of Carmine Court must be installed and vegetated as established in the original construction plans for Parkway Estates Phase II. Following reconstruction, a final survey of the detention basin is required to verify as built constructed features match storm drainage plan requirements. 7. Installation of erosion control measures depicted in the original construction plans for Parkway Estates Phase II to ensure sedimentation does not leave the development site. 8. Any sanitary sewer force main should be defined in a note on the final plat denoting the ownership and maintenance of the private sanitary force mains along Crimson and Carmine Courts belong to the Parkway Estates Home Owner's Association. 9. The Declaration of Covenants, Conditions, Easements, and Restrictions of Parkway Estates East should address the following statements: o The privately maintained sanitary sewer force mains along Carmine and Crimson Courts should be added to the list of items to be operated and maintained by the home owner s association. o Sump pumps shall not be connected to the sanitary sewer system. Mr. Holley stated that before the Commission is a request to approve an Amended Final Plat for The Estates at Chapman Farms 1 st Plat. The P.C. Minutes Page 16 of 19 kf

17 APPROVED Lot 35 of Chapman Farms 1 st Plat Lots 1-39 & Tracts A-D / SW Brookside Drive, West of 7 Hwy. property is located on the west side of SW 7 Highway, north of SW Colbern Road. The property consist of 19 acres and the property is zoned SF-7/R- O (Single Family/Restricted Overlay). Mr. Holley stated that nothing is changing as far as the lots or the streets but they are requesting to amend the minimum floor area classification. The applicant is asking to reduce the floor area to a classification E (1,800 sq. ft. min.) to a classification F (1,600 sq. ft. min.) for ranch style homes with three car garages and they would like to change the A classification (2,600 sq. ft. min.) to a classification C (2,200 sq. ft. min.) for the two story homes. This development was thought to be one of the higher end developments within the Chapman Farms area. Approvals for this development was some time ago back in The property is now owned by the bank and the developer, Kevin Enyeart, DAK Realty Devco, LLC would like to present an amended Final Plat. APPLICANT Mr. Holley stated that the applicant would need to update the recorded CCR s (Codes, Covenants and Restrictions) to reflect the minimum floor areas. Sidewalks on both sides of SW Brookside Drive that border the tracts are required to be built or have an escrow submitted. Maintenance bonds for streets, sanitary sewers and storm sewers shall be provided prior to City Council approval. Staff does recommend approval with the twelve (12) staff conditions. MOTION AGENDA ITEM 11 FINAL PLAT / PF / The Estates at Kevin Enyeart, Vice-President and General Manager DAK Realty Devco, LLC Mr. Enyeart presented a PowerPoint Presentation. (PowerPoint made a part of these Minutes.) Mr. Enyeart stated that he is actually asking for a change in the minimum floor area for the ranch homes from 1,900 to 1,700 and for all others 2,600 to 2,300. Mr. Enyeart stated that he is willing to have all of this recorded on the Final Plat and the CCR s. Mr. Enyeart stated that the current developer is planning to install a zero entry pool, that goes on a 90 degree angle. The pool will have a cabanna house and a fountain for the kids. Mr. Enyeart stated that they plan on putting a lot of emphasis on the entry to this development along with the monument sign. Mr. Enyeart stated that he would like to start working on the pool and walking trails. Mr. Enyeart stated that he has been working with the City to put an extension in to add an additional entrance off of Colbern Road into the development. Construction plans have been submitted to the City. Commissioner Travis Graham recommended the approval of the Final Plat / P.C. Minutes Page 17 of 19 kf

18 APPROVED Chapman Farms 1 st Plat, A Replat of A Replat of Part of Lot 35 of Chapman Farms 1 st Plat Lots 1-39 & Tracts A-D / SW Brookside Drive, West of 7 Hwy. PF / The Estates at Chapman Farms 1 st Plat, A Replat of A Replat of Part of Lot 35 of Chapman Farms 1 st Plat Lots 1-39 & Tracts A- D with staff recommendations excluding 8, 9 and 11 modifying condition 5 to include property owned by the applicant only, and to include a condition as agreed to by the applicant regarding minimum floor areas of 1,700 and 2,300 sq. ft. SECOND VOTE Seconded by Commissioner Joseph Haney. STAFF RECOMMENDATIONS Mark Trosen Aye Joseph Haney Aye Ginger Duhon Aye Lynn Banks Aye Jason Sanders Aye Ken Billups, Chairman - Aye (APPROVED 10-Aye, 0-No) LaTasha McCall Absent Travis Graham Aye George Abbott Aye James Wallace Aye Phil Bartolotta Aye 1. Approval by the Planning Commission is based on the representations of any drawings presented as part of this application but does not waive any requirement or development standard contained in the UDC or requirements set forth in the Conditions of Approval as approved by the Planning Commission. 2. A PUD Final Plan is required to be submitted and approved by the Planning Commission prior to the issuance of any building permits. 3. The Final Plat shall be recorded with Jackson County and returned to the Community Development Department prior to the issuance of any building permits. 4. An updated recorded copy of the Property Owner s Agreement shall be returned to the Community Development Department prior to issuance of any building permits. 5. The sidewalk on both sides of SW Brookside Drive that border the tracts are required to be built or have an escrow submitted to the Community Development Department prior to the approval of the Plat by the City Council. Property owned by the applicant only. 6. A landscape easement is required to be provided along the front portion (facing the street) of the residential building lots prior to the issuance of building permits. 7. A letter from Water District 13 confirming acceptance of the water lines is required to be submitted to the Community Development Department prior to City Council approval. 8. SW Brookside Drive from SW Conch Way to 7 Highway must be P.C. Minutes Page 18 of 19 kf

19 APPROVED completed, dedicated, and accepted and as a public street, and a maintenance bond provided prior to City Council approval. 9. Provide sight distance easements at the intersection of SW Brookside and 7 Highway as required by MoDot. These easements shall be recorded with the County prior to City Council approval. 10. Off-site sanitary sewer easements for lines A and E and off-site storm sewer line 2 shall be recorded with the County prior to City Council approval. 11. Maintenance bonds for street, sanitary sewers and storm sewers shall be provided prior to City Council approval. OTHER BUSINESS 12. Be advised that future phasing of the Estates at Chapman Farms will require a storm water quantity/detention and storm water quality analysis. Results from these analyses must be incorporated into the subdivision design with the future phases. The next Comprehensive Plan Steering Committee meeting will be on Monday, November 25, 2013 at 5:00 p.m. at the Howard L. Brown Public Safety Facility located at 1100 SW Smith Street. Chairman Billups announced the next presentation to the new Public Safety building is scheduled for Tuesday, November 12, 2013 at 6:00 p.m. Shop with a Blue Springs Cop Dinner/Fundraiser is scheduled for Saturday, November 9, MEETING ADJOURN The next Planning Commission meeting is scheduled for Monday, November 11, 2013 at 6:30 p.m. at the Howard L. Brown Public Safety Facility located at 1100 SW Smith Street. With no further discussion, a motion was made by Commissioner Lynn Banks to adjourn at 8:38 p.m. Seconded by Commissioner Travis Graham. Karen Findora, Recording Secretary Ken Billups, Chairman Date P.C. Minutes Page 19 of 19 kf

20 THE ENCLAVE Preliminary Development Proposal

21 THE DEVELOPMENT TEAM Southbrook Development Company - Nick DiGiuseppe Murphy Law Firm LLC Jerry Murphy Murphy Law Firm LLC Brendan Murphy Engineering Solutions Matt Schlicht Engineering Solutions Robert Walquist Tran Systems Tom Rohr DHM Design Corporation Gregg Brown Preliminary Development Proposal

22 Site Location

23 Existing Conditions Lake Remembrance I-70

24 Preliminary Development Plan

25 Preliminary Development Plan

26 THE ENCLAVE Preliminary Development Proposal

27 The Estates At Chapman Farms Amended Final Plat Request Planning & Zoning Committee Submitted By: DAK Realty Devco, LLC Owner: Doug Kinney Presented By: Kevin Enyeart

28 Overview of Improvements

29 Overview of Improvements (Cont) New Pool & Cabana House Summer 2013 Walking Trails 1 st Phase Spring Street Trees 1 st Phase Entry Monument & Adjacent Landscaping Spring Street Trees To Highway 7 Spring Conch Cr to Timber Meadow Dr Connection Spring Mailboxes With Stone Surround Spring

30 Overview of Chapman Communities

31 Challenges Existing Highway 7 Commercial Tattoo Parlor & Bar Planned Future Villa Residential Product to East Minimum Requirement Only 1200 Sq Ft Lack of Walkout/Daylight Lots Water Tower at SW Corner of Property

32 Opportunities Lakeside Finishing Up The Shores Beginning Larger Sized Homes Sales of Homes Larger Than Lakeside; But Slightly Less Than Or Equal to The Shores Development of New Ground in NID Area South Detention Basin Repairs When Phase II is Developed

33 Request Modification to Minimum Square Footages Plan Name: Plan Type: # of Bedrooms: # of Baths: ML Sq Ft: UL Sq Ft: LL Sq Ft: Total Sq Ft: *Base Price: 1 Augusta 2 Story $308,000 2 Redbud 2 Story $283,000 3 Un Named Plan #1 2 Story $300,000 4 Summit Craftsman 2 Story $308,000 5 Augusta With Den 2 Story $322,000 6 Ashcliffe 2 Story $330,000 7 Un Named Plan #2 1.5 Story $300,700 8 Rivera Ranch (OR) Reverse $310,000 *Includes $40,000 Lot Price. Current Requirements as Platted: Proposed Requirements as Amended Plat: Ranch 1900 Sq Ft Main Level Ranch 1700 Sq Ft Main Level All Others 1200 Sq Ft Main Level All Others 1000 Sq Ft Main Level 2600 Sq Ft All Levels 2300 Sq Ft All Levels

34 Augusta

35 Augusta

36 Redbud

37 Redbud

38 Augusta With Den

39 Augusta With Den

40 Ashcliffe

41 Ashcliffe

42 Riveria

43 Riveria