HOWARD L. BROWN PUBLIC SAFETY BUILDING 1100 SW

Transcription

1 Board of Adjustment Agenda Wednesday March 8, :30 p.m. HOWARD L. BROWN PUBLIC SAFETY BUILDING 1100 Smith Street City of Blue Springs, Missouri

2 BOARD OF ADJUSTMENT MEMBERS Term of Office is 5 years Members are appointed by the Mayor with approval by the City Council The Board of Adjustment consists of 5 citizens plus 2 alternate members, 1 liaison from the Planning Commission, and 1 Planning Commission alt. liaison Regular Members Are: 1. DeWayne Duhon, Chairman 2. Laurie Hatfield, Vice Chairman 3. Evelyn Ericson 4. Frederick Manning 5. Brian Ross Alternate Members Are: Ron Amos, Alt. Member 1 William Washington III, Alt. Member 2 Planning Commission Liaisons Are: Ginger Duhon, Planning Commission Liaison Travis Graham, Alt. Planning Commission Liaison

3 GENERAL PROCEDURE FOR PUBLIC HEARING TESTIMONY The Chairman will open the public hearing, and call for exhibits from the City Attorney. Staff Comments will be given. The applicant or his representative will give testimony. Witnesses in favor of the petition will be called to speak. Witnesses opposed to the petition will be called to speak. If you wish to testify, please raise your hand to be recognized. When you are called upon by the Chairman, please come forward to the microphone at the podium to be sworn in by the Court Reporter. State your name and address, then make your comments to the Board. Please refrain from repeating points made by others. General Discussion - Questions After all testimony has been made, the hearing will be closed. The Board will consider the facts and either approve or deny the request. A concurring vote of 4 members is required for approval. The decision of the Board is the final determination. Appeals may be made only to the Circuit Court. # # #

4 BOARD OF ADJUSTMENT Howard L. Brown Public Safety Building 1100 Smith Street Blue Springs, Missouri Wednesday, March 8, :30 p.m. A G E N D A Board Members: To ensure a quorum, please call Karen Findora at to advise of attendance. 1. CALL TO ORDER/MINUTE APPROVAL Minutes of the last meeting, February 8, PUBLIC HEARING VARIANCE VAR Liggett Road Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, February 18, Application with attachments 4. Two letters of Uniqueness dated, February 10, Ft. Notification Map 6. Names/addresses of property owner s w/n 185 ft. of site 7. Copy of letter sent to said property owners 8. Unified Development Code UDC (By Reference) 3. OTHER BUSINESS The next scheduled meeting is Wednesday, April 12, ADJOURN If special accommodations are required for citizen participation Please call (voice) or (TDD) BA

5 City of Blue Springs 903 Main Street Blue Springs, Missouri BOARD OF ADJUSTMENT MINUTES Wednesday, February 8, 2017 A meeting of the Board of Adjustment of the City of Blue Springs was held in the Howard L. Brown Public Safety Building located at 1100 Smith Street on Wednesday, February 8, 2017 with the following members and guests in attendance. MEMBERS PRESENT STAFF / OTHERS Ginger Duhon Frederick Manning DeWayne Duhon, Chairman Scott Allen, Community Development Director Jeff Sell, Public Works Assistant Director Tom Degenhardt, City Engineer Jeff Sell, Public Works Assistant Director Bob McDonald, Interim City Attorney Karen Findora, Recording Secretary Jim Leacock, Public Stenographer Brian Ross Evelyn Ericson ABSENT CALL TO ORDER APPROVAL OF MINUTES Board Member Laurie Hatfield Jim Holley, Community Development Assistant Director DeWayne Duhon, Chairman, called the meeting to order at 6:30 p.m. with a request that everyone stand for the Pledge of Allegiance. With a motion by Board Member Evelyn Ericson, a second from Board Member Brian Ross, and a unanimous vote, the Minutes of January 11, 2017, were approved. Chairman Duhon advised the audience of the manner in which the Public Hearing would be conducted, and noted that as the Board consists of five (5) voting members; a concurring vote of four (4) would be required to pass any motion KF Page 1 of 5

6 PUBLIC HEARING AGENDA ITEM 2 VARIANCE / VAR / 1200 SE US 40 Highway / MO-0024 Magellan Cell Tower STAFF COMMENTS Chairman Duhon, opened the public hearing at 6:33 p.m. with a request for exhibits from the Interim City Attorney. Mr. Bob McDonald entered Exhibits 1 thru 9 into the public record on behalf of the applicant. Exhibits: 1. Staff Report with attachments 2. Affidavit of Publication in The Examiner, January 21, Application with attachments 4. Letter of Uniqueness dated, January 10, Ft. Notification Map 6. Names/addresses of property owner s w/n 185 ft. of site 7. Copy of letter sent to said property owners 8. Unified Development Code UDC (By Reference) 9. Letter. dated November 21, 2013, from a Michael F. Plahovinsak, P.E., Professional Engineer discussing the fall radius of a monopole Scott Allen, Director, Community Development, stated that before the Board is a variance to Section G New Telecommunications Facility, Telecommunications Tower and Antenna Regulations that are not co-located, subsection 2, Minimum Setback, requesting a 70-foot setback from the east property boundary in lieu of 165-feet required. The property is located in the southeast corner of Adams Dairy Parkway and 40 Highway. It is the former Lafarge / Ready Mix Concreate Mixing Plant. The tower is proposed to be 150-feet in height. The setback required is equal to 110 % of the height of the tower or 150 X 1.10 = 165 feet. Mr. Allen stated that originally the applicant was looking at a 120-foot-high tower, which would have been located more towards the northwest corner, which is closet to Adams Dairy Parkway. Staff suggested that the applicant look at alternative sites that would not be so visible at their Pre-Application meeting. The southeast corner is lower in elevation; therefore, the applicant is looking at a 150 ft. tower instead of the originally proposed 120 ft. tower. The setback is required to equal 110 % of the height of the tower. Mr. Allen stated that Mr. Wahlquist submitted a sample, fall letter from a professional engineer registered with the State of Missouri, for a similar site, where it was referring to a 175 ft. fall radius. Mr. Allen stated that looking at other locations there were a few challenges. The first site is encumbered by a sanity sewer easement. The second challenge is that there is a pond to the southeast portion of the site, as well as a flood plan. Staff and the applicant agreed on the location that is presented. QUESTIONS Chairman Duhon asked Mr. Allen if the setback they are asking about is the eastern boundary line. Mr. Allen stated that is correct. Board Member Ericson asked if there were other towers within a mile from this one KF Page 2 of 5

7 APPLICANT Grady Wahlquist, CCIM, Pamcorp, LLC 3140 E. Wilshire Drive Springfield, MO Mr. Wahlquist stated that he was contracted by Eco-Site Inc. as a build a suite provider to carriers. Carriers will give search areas and they say, you go build and own the tower, but we will co-locate. Eco-Site Inc., will be the owner of the tower. T-Mobile will be the first tenant on the tower. The applicant stated that he didn t find another tower within a mile of this one. Mr. Wahlquist stated that this will be a macro-site. The macro-site is a major hub for the micro-sites. QUESTIONS Chairman Duhon asked the applicant to explain the construction of these towers in relation to the fall radius. Mr. Wahlquist stated that monopoles look like big light pole, as opposed to a self-support tower, which is a lattice tower. The self-support towers look like a triangle, pyramid or guy-tower which is wired to the ground. A monopole is usually in 30 ft. sections. Where those sections come together they are designed to withstand 90 mile per hour winds, or 2 inches of ice. Mr. Wahlquist stated that the poles bend at the 30 ft. sections because the weight is located at the top. He stated that usually with a monopole you have a 50-60% fall zone, depending on the height and how it s built. Mr. Wahlquist stated that this is typical. Proposed Monopole Board Member Manning asked if the pole would be fenced in. Mr. Wahlquist stated that it would. WITNESSES IN FAVOR None KF Page 3 of 5

8 WITNESSES OPPOSED Dennis Adams, Owner of property that is contiguous 601 S. Industrial Drive Blue Springs, MO Mr. Adams was concerned where the applicant was going to install the tower. Mr. Allen explained where the tower would actually be constructed. Mr. Allen stated that access to the drive would be off the existing drive near Mr. Adams property. HEARING CLOSED MOTION PUBLIC HEARNG AGENDA ITEM 2 VARIANCE / VAR / 1200 SE US 40 Highway / MO-0024 Magellan Cell Tower SECOND With no further testimony to be taken, Chairman Duhon closed the public hearing at 6:33 p.m. with a request for action on the petition. Board Member Evelyn Ericson made a motion to approve Variance / VAR / 1200 SE US 40 Highway with the drawings that show the construction of a monopole. Board Member Frederick Manning. VOTE Laurie Hatfield Absent Brian Ross Aye DeWayne Duhon, Chairman - Aye (APPROVED 5-Aye, 0-No) Frederick Manning - Aye Ginger Duhon - Aye Evelyn Ericson Aye OTHER BUSINESS ADJOURN The next meeting is scheduled for Wednesday, February 8, With no further items to come before the Board, a motion was made by Board Member Frederick Manning, and seconded by Board Member Evelyn Ericson, to adjourn at 6:59 p.m. Motion carried Unanimously. Karen Findora, Recording Secretary DeWayne Duhon, Chairman Date KF Page 4 of 5

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10 BOARD OF ADJUSTMENT STAFF REPORT Meeting Date: March 8, 2017 Agenda Item: 2 Case File Number: VAR Project Name: Type of Application: Request: 1390 Liggett Road Non-Use Variance Approval of a Variance to Section , Residential Building Type Standards, requesting feet of street frontage in lieu of 150-feet required. The subject property is an existing flag lot in the RE (Residential Estate) zoning district. Applicant: Property Owner: Location (Address): Location Description: Steven Putman Steven Putman Area: 1.72 acres +/- Lots: 1 Existing Zoning: Existing Land Use: Comprehensive Plan Designation: 1390 Liggett Road Located on the south side of Liggett Road between 12 th Street and Strawberry Lane RE (Residential Estate) Vacant Neighborhood Attachments: Site location/zoning map and Aerial Photo Site Map showing property ownership Public Notice Ad Letter of Uniqueness from Applicant Meeting Date: March 8, 2017 Planner: James Holley, Asst. Dir. of Community Development Page 1 of 4

11 Project: 1390 Liggett Road Plan Case Number: VAR BACKGROUND INFORMATION/SUMMARY: The applicant is requesting a variance to Section , Residential Building Type Standards, to address the Frontage width for an existing flag lot. The applicant is requesting approval of a variance to allow a foot street frontage width in lieu of 150-feet required in the RE (Residential Estate) zoning district. The applicant intends to plat the property and eventually develop the property with a single-family home. In order to move forward with the platting process this variance is necessary. The subject property is an existing lot of record located on the south side of Liggett Road, west of 12 th Street and east of Strawberry Lane. The lot configuration is a Flag lot, with the main portion of the lot (approximately 1.57 acres) being located south of the property commonly known as 1400 Liggett Road and the pole being located along the east property boundary of 1400 Liggett Road (see attached site location map). The pole is the only part of this lot that fronts onto a public street, in this case Liggett Road. The width of the pole is feet. This lot of record has never been formally platted but was rather created with a metes and bounds legal description at some point in the past. The current property owner, Mr. Steven Putman, would like to develop the property with a single-family residence. In order to do so the City s Unified Development Code (UDC) requires that the property be platted prior to development. The following UDC Sections define this requirement: Section , Platting, subsection A, Overview/Applicability, states that Platting is a process where a proposed division, or partition of land and property interests therein, is reviewed to ensure: development patterns in compliance with long-range comprehensive plans; coordinating infrastructure with existing, future and potential capital improvements; and that all lots are buildable, served with adequate public facilities, and capable of meeting the zoning and development standards. The platting process involves two (2) steps - the preliminary plat where the general design, arrangement and parameters of subsequent development are proposed, and the final plat, where specific and technical engineering, design and planning elements are reviewed. Platting shall be required for any division of land into two (2) or more parcels or units, or development on one (1) or more contiguous parcels not previously platted, or for development that involves construction of any public improvements that are to be dedicated to the City, except that the following shall not require platting: 1. The division of any parcel or tract of land when the smallest parcel created is greater than forty (40) acres; 2. Land taken or used for street or railroad right-of-way, a drainage easement or other public utilities subject to local, State or Federal regulations where no new street or easement of access is involved, or for a cemetery; 3. The development of any lot, parcel or tract of land located within the area governed by this Development Code that was subdivided, resubdivided or replatted prior to January 21, However, any further resubdivision of lots, interests in real property, parcels or tracts must be done in accordance with this Development Code; 4. Agriculture (limited or general) uses on a site of at least forty (40) acres. Section , Glossary, defines development as: Any subdivision of land or partition of real estate interests; 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, Page 2 of 4

12 Project: 1390 Liggett Road Plan Case Number: VAR easement locations, number of lots, setbacks, locations of structures, dedications of streets or utilities; or the act of building structures or improvements on land. As part of the review for subdivision staff and the Planning Commission relies on Section 406, Subdivision Deign and Improvements. Subsection E, Lot Arrangement, has the following provisions: E. Lot Arrangement. 1. Generally. All lots that result in buildable lots shall consider the following: a. Zoning district requirements for the existing or proposed zoning district. b. Access standards and limitations based on the specific street type at the lot frontage. c. Easements required to provide all services to the lot. d. Topography or other natural features or constraints of the specific property. 2. Lot lines. Side lot lines shall be generally perpendicular to the right of way lines or radial to curved streets. Following completion of streets in a development, a recognizable mark, acceptable to the Director of Public Works, shall be cut in the back face of curbing to show the intersection point of all side lot lines extended to said streets. Such marks shall be in evidence when the street is inspected for final acceptance by the City. 3. Lot access. Lot access shall be limited by the specific street type, and the access guidance provided for each street. Access for any street may be further modified by any specific access management study. Where access is limited by these standards and guidelines, alternative access through shared drives, internal access lanes, or alleys shall be considered. The following are the minimum standards provided for a lot in the RE (Residential Estate) zoning district: SECTION : Residential Building Type Standards The following standards apply to residential building types. The standards are basic standards for each type, and may be modified by the zoning district standards for each district in Chapter 404 and the site and building design standards in Chapter 407. Detached House Estate Lot Lot Size Setbacks Height Frontage Type Frontage width Area Front Side Corner side Rear Design and Performance Standards 150' min. 1-acre min.; 3 acres for any permitted non-residential use 50' min. 25' min. 50' min. 25' min. 35' max. Yard and setback Building coverage = 25% of lot area max. Page 3 of 4

13 Project: 1390 Liggett Road Plan Case Number: VAR Because the property owner has an existing lot of record and no options for expanding the lot frontage width at the street a variance is necessary in order to Plat the property. Staff supports this request. 1. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents. Staff Response: Granting this variance will not adversely affect the rights of adjacent property owners or residents in that the lot frontage width has been established and no changes are proposed. 2. The strict application of the provisions of the zoning regulations of which the variance is requested will constitute practical difficulty because the property cannot be used for an otherwise permitted use without coming into conflict with the applicable site development standards. Staff Response: The strict application of the zoning regulations creates a practical difficulty in that this particular lot is bordered on both sides with developed lots under separate ownership. The property owner of 1390 Liggett Road does not have an option to expand the frontage width so without this variance could not meet the minimum standards for platting the property, and therefore could not develop the property. 3. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare. Staff response: The public health, safety, morals, order, convenience, prosperity, or general welfare will not be adversely affected if this variance is granted. 4. The granting of the variance desired will not be opposed to the general spirit and intent of the zoning regulations. Staff response: The granting of the variance as requested is in keeping with the general spirit and intent of the zoning regulation in that it allows for the property to be platted and developed consistent with the spirit and intent of the UDC. STAFF RECOMMENDATION: Staff recommends that the Board approve the variance to Section thereby allowing the foot street frontage. SUMMARY: The Board of Adjustment must determine if strict application of the provisions of the Unified Development Code, of which the variance is requested, will constitute a practical difficulty upon the property owner represented in the application. The Board must also find the spirit and intent of the regulations are maintained by determining that the variance will not result in adversely affecting the rights of adjoining property owners, or be detrimental to the character and quality of the surrounding properties. Page 4 of 4

14 RE General Zoning District Downtown Zoning District Fleming Dr Newton Cir 22nd St SF-7 Park Dr Wall St Manhattan Park Ln Liggett Rd Broadway Park Ave SF-7 Meyer Blvd Wall Street Cir Meyer Cir Jackson County 15th Ct Edgewood St 14th Street Ct Wintergreen Ln Ivy Ln RE RE 12th St 11th Street Cir 11th St Stonehenge Ct Liggett Ct Breckenridge Ct SITE Liggett Rd SF-7 Brook Ct Moreland School Rd 10th Street Ter 10th Street Ter Bishop Dr LI HI SF-7 Stonehenge St 10th Street Ter RE SF-12 10th St SF-7 TF MF-10 MF-14 MF-20 Chaco St Bishop Ct COUNTY RE-C GB-C HI-C 10th Street Ct 9th Street Ct 9th St 9th St CS T3 T4 T5 Overlay Districts ADP-O 8th Street Ter 8th St NB H-O SO PR-O R-O GB Conservation District CB PUD Concept Plan RC Planned Development GB MF-14 SF-7 Eastman St n County SF-7/ PR-O 15th St 14th St Trail Ridge Dr Eastman Ct 12th St Huntington Southgate Ct RE Brentwood 8th Street Ter RE Southgate Dr SF-7 Hillcrest Dr VAR LIGGETT RD SITE LOCATION MAP 13th St 11th Street Ct 10th St ± ,200 Feet

15 Newton Cir Park Dr Park Ln Meyer Cir Meyer Blvd Wintergreen Ln 12th St 11th Street Cir 10th Street Ter Bishop Dr Bishop Ct Wall St Manhattan Liggett Rd Broadway Wall Street Cir 14th Street Ct Ivy Ln 11th St Stonehenge Ct 10th Street Ter Liggett Rd 10th Street Ct 9th Street Ct Stonehenge St 9th St Park Ave Jackson County SITE Liggett Ct Breckenridge Ct 10th Street Ter 10th St 9th St 15th Ct Edgewood St Brook Ct Chaco St Eastman St 15th St 14th St Trail Ridge Dr Eastman Ct 12th St Southgate Ct Huntington Southgate Dr Brentwood VAR LIGGETT RD SITE LOCATION AERIAL MAP ± ,000 Feet

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24 Wintergreen Ln Bishop D ark Dr Wall St Broadway Wall Street Cir Liggett Rd Ivy Ln 14th Street Ct Park Ave Jackson County Edgewood St Liggett Ct Breckenridge Ct Eastman St th Street Ter 15th St 14th St Trail Ridge Dr 12th St Eastman Ct Southgate Ct VAR LIGGETT RD 185' NOTIFICATION MAP ± Feet

25 PARCELID17 owner owneraddre ownercity ownerstate ownerzipco CHANCELLOR L J TRUSTEE 1550 LIGGETT RD BLUE SPRINGS MO CASHION DAVID M & REBECCA G 1212 BRECKENRIDGE CRT BLUE SPRINGS MO BLANDO EMANUEL J & DOROTHY A 1201 BRECKENRIDGE CT BLUE SPRINGS MO WEBB VERNON E 1205 BRECKENRIDGE BLUE SPRINGS MO YOUNG DEWAYNE H & JANICE P 1209 BRECKENRIDGE CRT BLUE SPRINGS MO DOPP JESSE F TRUSTEE 110 HWY Y ELDON MO COOK CHARLES H 1200 LIGGETT BLUE SPRINGS MO JONES RANDALL K 1208 LIGGETT CT BLUE SPRINGS MO LAPPINE ROBERT B & STEPHANIE L 1212 LIGGETT CRT BLUE SPRINGS MO DEVILLE JOHN B & MISTY D 1201 LIGGETT CRT BLUE SPRINGS MO CRAWLEY JASON M & TRACYE A 1205 LIGGETT CRT BLUE SPRINGS MO SHADE SAMUEL J & MARGARET 1209 LIGGETT CRT BLUE SPRINGS MO BOAN BETTY J 3400 MEYER BLVD BLUE SPRINGS MO CHANCELLOR GREGORY L & JUDITH 1500 LIGGETT RD BLUE SPRINGS MO STERLING SCOTT D TH ST CRT BLUE SPRINGS MO KRYCKI JOSEPH S & HALINA B 1200 IVY LN BLUE SPRINGS MO HALE BRUCE & JANET 1204 IVY LN BLUE SPRINGS MO GORDON JANINE 1205 BROOK CT BLUE SPRINGS MO FRAZEE JEREMY & CRYSTAL 1209 BROOK CRT BLUE SPRINGS MO THE LAND BANK OF BLUE SPRINGS 903 W MAIN ST BLUE SPRINGS MO EDGEWOOD HOME OWNERS ASSOC790 W 40 HWY # 159 BLUE SPRINGS MO DORSCH DOUGLAS W & TAMIE 1204 BRECKENRIDGE CRTBLUE SPRINGS MO STEUCK SHERYL L 1208 BRECKENRIDGE CRTBLUE SPRINGS MO CHANCELLOR L J & LEE ETTA 1550 LIGGETT RD BLUE SPRINGS MO NEW CHERRY LLC 2532 CHARLOTTE KANSAS CITY MO

26 February 17, 2017 Ref: Public Hearing: 1390 Liggett Road Variance / VAR Dear Property Owner: A Public Hearing will be held by the Board of Adjustment of the City of Blue Springs to receive comments on a request by by Steven Putnam, Owner to approve a Variance request to Section , Residential Building Type Standards, requesting feet of street frontage in lieu of 150-feet required for an existing flag lot in the RE (Residential Estate) zoning district. Interested parties may view the development plans and a complete project description on file at the Community Development Department located at 903 W. Main Street, Blue Springs, MO. A general site location map is enclosed for your information. You are receiving this notice because County records indicate you own property within 185 feet of the boundary of the site in question. The hearing will be held in the Howard L. Brown Public Safety Building located at 1100 Smith Street commencing at 6:30 p.m. on the following dates: Board of Adjustment - Wednesday, March 8, 2017 Variance VAR Your attendance and comments are welcome at these meetings. Questions concerning this matter may be directed to the Community Development Department at Very truly yours, CITY OF BLUE SPRINGS COMMUNITY DEVELOPMENT Karen M. Findora Administrative Assistant