PLANNING COMMISSION 8 FEBRUARY 27, 2007

LEE’S SUMMIT PLANNING COMMISSION

Minutes of Tuesday, February 27, 2007

The Tuesday, February 27, 2007, Lee’s Summit Planning Commission meeting was called to order by Vice Chair Christopher at 6:00 p.m., at City Council Chambers, 220 SE Green Street, Lee’s Summit, Missouri.

OPENING ROLL CALL:

Chairperson Trainer Absent Mr. Christopher Present

Ms. Rosenquist Absent (Vice Chair)

Mr. Reece Present Ms. Funk Present

Mr. Atcheson Present Mr. Pycior Present

Mr. Fristoe Present Mr. Gray Present

Also present were Linda Tyrrel, Deputy Director, Planning and Development Department; Tom Scannell, Current Planning Division Manager; Hector Soto, Staff Planner; Christina Alexander, Staff Planner; Jennifer Thompson, Staff Planner; Jennifer Baird, Assistant City Attorney; Jeff McKerrow, City Traffic Engineer; Kent Monter, Development Engineering Manager; Jim Eden, Battalion Chief, Fire Department, and Kim Brennan, Administrative Secretary.

APPROVAL OF AGENDA:

Vice Chair Christopher asked for a motion to approve the agenda. On the motion of Mr. Reece, seconded by Mr. Gray, the Planning Commission voted unanimously by voice vote to APPROVE the agenda.

1.  APPROVAL OF CONSENT AGENDA

A.  Application #2006-302 – FINAL PLAT – Raintree Lake, Tract 1505A and Units A & B; Summit Peak Development Co., applicant

B.  Application #2006-303 -- FINAL PLAT – Windsong at Raintree Lake, Tract 37A and Units A-D; The Castle Rock Building Corp., applicant

C.  Application #2006-306 – VACATION OF EASEMENT – 1450-1546 SW Jefferson Street, Lee’s Summit Community Christian High School, applicant

D.  Application #2006-311 -- PRELIMINARY PLAT – Shamrock Park, 4th Plat, Lots 9-16; S&P Commercial Properties, applicant

E.  Minutes of the January 23, 2007 Planning Commission Meeting

On the motion of Ms. Funk, seconded by Mr. Reece, the Planning Commission voted unanimously by voice vote to APPROVE the Consent Agenda, Item 1A-E as published.

5.  Application #2006-305 – VACATION OF RIGHT-OF-WAY – a portion of Rice Road, south of Mulberry Street; City of Lee’s Summit Parks and Recreation, applicant

Vice Chair Christopher opened the hearing at 6:04 p.m. and announced that continued Application 2006-305 was being continued to March 27, 2007 at the applicant’s request. He then closed the hearing.

(The foregoing is a digest of the secretary’s notes of the public hearing. The transcript may be obtained.)

2.  Continued Application #2006-293 – VACATION OF RIGHT-OF-WAY – a portion of Lewis Drive and Olmstead Drive in Winterset Valley, 2nd Plat, Gale Communities, Inc., applicant

Vice Chair Christopher opened the hearing at 6:05 p.m. and asked those wishing to speak, or provide testimony, to stand and be sworn in by the court reporter.

Mr. Joe Bauer of Archer Engineers, gave his business address as 3741 NE Troon Drive. He was present representing Gale Communities. The vacation request was for the purpose of re-establishing the alignment of the road associated with the replatting of the 4th Plat. That plat overlapped the 2nd Plat by a couple of lots, and the vacation of right-of-way was a requirement associated with the 4th Plat approval.

Following Mr. Bauer’s presentation, Vice Chair Christopher asked for staff comments.

Mr. Soto entered Exhibit (A), list of exhibits 1-12 into the record. He stated that the request was due to the reconfiguration of the intersection, as part of Winterset Valley 4th Plat. Staff had sent notifications and the only objection was MGE, which had an existing gas main. The applicant had agreed to rededicate the right-of-way for that.

Following Mr. Soto’s comments, Vice Chair Christopher asked if there was anyone else present wishing to give testimony, either in support for or opposition to the application. Seeing none, he closed the public hearing at 6:07 p.m. and asked for discussion among the Commission members.

Hearing no further discussion Vice Chair Christopher called for a motion.

Ms. Funk made a motion to recommend approval of continued Application 2006-293, Vacation of Right-Of-Way: a portion of Lewis Drive and Olmstead Drive in Winterset Valley, 2nd Plat, Gale Communities, Inc., applicant; subject to staff’s letter of February 23, 2007. Mr. Fristoe seconded.

Vice Chair Christopher asked if there was any discussion of the motion. Hearing none, he called for a vote.

On the motion of Ms. Funk, seconded by Mr. Fristoe, the Planning Commission members voted by voice vote of six “yes” and one “abstain” (Vice Chair Christopher) to recommend APPROVAL of continued Application 2006-293, Vacation of Right-Of-Way: a portion of Lewis Drive and Olmstead Drive in Winterset Valley, 2nd Plat, Gale Communities, Inc., applicant; subject to staff’s letter of February 23, 2007.

(The foregoing is a digest of the secretary’s notes of the public hearing. The transcript may be obtained.)

(Mr. Atcheson stepped away from the table for the following hearing.)

3.  Application #2006-297 – VACATION OF RIGHT-OF-WAY – a portion of Custer Court, west of Ralph Powell Road; Golf America, LLC, applicant

Vice Chair Christopher opened the hearing at 6:10 p.m. and asked those wishing to speak, or provide testimony, to stand and be sworn in by the court reporter.

Mr. Joe Bauer of Archer Engineers, gave his business address as 3741 NE Troon Drive. He stated that the purpose of vacating the right-of-way was to remove the cul-de-sac and provide a through street. This was part of the Chapel Ridge golf course redevelopment. That right-of-way and any easements associated with it were being re-established with the replatting of Lots 19 through 22 associated with that redevelopment.

Following Mr. Bauer’s presentation, Vice Chair Christopher asked for staff comments.

Mr. Soto entered Exhibit (A), list of exhibits 1-13 into the record. He agreed with Mr. Bauer’s testimony, and stated that staff recommended approval of the vacation of right-of-way subject to Recommendation Items 1 and 2.

Following Mr. Soto’s comments, Vice Chair Christopher asked if there was anyone else present wishing to give testimony, either in support for or opposition to the application. Seeing none, he asked if the Commission had questions for the applicant or staff. As there were none, Vice Chair Christopher asked if there were further questions for the applicant or staff. Hearing none, he closed the public hearing at 6:13 p.m. and asked for discussion among the Commission members, or for a motion.

Mr. Fristoe made a motion to recommend approval of Application 2006-29, Vacation of Right-Of-Way: a portion of Custer Court, west of Ralph Powell Road; Golf America, LLC, applicant; subject to staff’s letter of February 23, 2007, specifically Recommendation Items 1 and 2. Ms. Funk seconded.

Vice Chair Christopher asked if there was any discussion of the motion. Hearing none, he called for a vote.

On the motion of Mr. Fristoe, seconded by Ms. Funk, the Planning Commission members voted by voice vote of five “yes”, one “abstain” (Vice Chair Christopher) and Mr. Atcheson not voting, to recommend APPROVALL of Application 2006-29, Vacation of Right-Of-Way: a portion of Custer Court, west of Ralph Powell Road; Golf America, LLC, applicant; subject to staff’s letter of February 23, 2007, specifically Recommendation Items 1 and 2.

(The foregoing is a digest of the secretary’s notes of the public hearing. The transcript may be obtained.)

4.  Application #2006-298 – STREET NAME CHANGE – Custer Court to Custer Drive; Golf America, LLC, applicant

Vice Chair Christopher opened the hearing at 6:15 p.m. and asked those wishing to speak, or provide testimony, to stand and be sworn in by the court reporter.

Mr. Joe Bauer of Archer Engineers, gave his business address as 3741 NE Troon Drive. He stated that this was part of the cul-de-sac removal referenced in the previous application. The resulting through street could not by law be named a “Court,” so it was being renamed a “Drive.”

Following Mr. Bauer’s presentation, Vice Chair Christopher asked for staff comments.

Mr. Soto entered Exhibit (A), list of exhibits 1-14 into the record. He confirmed that Mr. Bauer’s testimony was correct. Staff recommended approval of the street name change, subject to the developer revising all as-built drawings of all engineering plans affected by the name change, as stated in the one Recommendation Item.

Following Mr. Soto’s comments, Vice Chair Christopher asked if there was anyone else present wishing to give testimony, either in support for or opposition to the application. Seeing none, he asked if the Commission had questions for the applicant or staff. As there were none, Vice Chair Christopher asked if there were further questions for the applicant or staff. Hearing none, he closed the public hearing at 6:15 p.m. and asked for discussion among the Commission members, or for a motion.

Mr. Reece made a motion to recommend approval of Application 2006-298, Street Name Change: Custer Court to Custer Drive; Golf America, LLC, applicant; subject to staff’s letter of February 23, 2007. Ms. Funk seconded.

Vice Chair Christopher asked if there was any discussion of the motion. Hearing none, he called for a vote.

On the motion of Mr. Reece, seconded by Ms. Funk, the Planning Commission members voted by voice vote of five “yes”, one “abstain” (Vice Chair Christopher) and Mr. Atcheson not voting, to recommend APPROVAL of Application 2006-298, Street Name Change: Custer Court to Custer Drive; Golf America, LLC, applicant; subject to staff’s letter of February 23, 2007.

(The foregoing is a digest of the secretary’s notes of the public hearing. The transcript may be obtained.)

(Mr. Atcheson returned to the table.)

6.  Application #2006-309 – PRELIMINARY DEVELOPMENT PLAN and Application #2006-310 – SPECIAL USE PERMIT for equipment rental and sales, and propane and concrete sales; Bledsoe Rental, 20 SE 29th Terrace; Davidson Brown, applicant

Vice Chair Christopher opened the hearing at 6:15 p.m. and asked those wishing to speak, or provide testimony, to stand and be sworn in by the court reporter.

Mr. Chad Howerton was present representing Davidson Brown, the architect. He stated that this would basically be a copy of the project already built in 1998.

Following Mr. Howerton’s presentation, Vice Chair Christopher asked for staff comments.

Ms. Thompson entered Exhibit (A), list of exhibits 1-15 into the record. She stated that equipment rental, and propane and concrete sales, were uses permitted in the BP zoning district as a Special Use. Staff had evaluated the proposed use on this location. They were requiring additional screening as indicated in Recommendation Item 2, and recommended approval subject to Recommendation Items 1 and 2.

Following Ms. Thompson’s comments, Vice Chair Christopher asked if there was anyone else present wishing to give testimony, either in support for or opposition to the application.

Mr. Chuck Weedman, attorney for Shamrock Hills Golf Club, introduced Mr. John Burgess, who was one of the club’s officers and directors. The club objected to the Special Use Permit, but not to the development plan. The golf course was immediately to the south, and they believed that the permit would allow an industrial use of the business park. They believed it would become just a construction-rental yard, with outdoor storage of substantial construction equipment and other large items, a concrete batch plant and refueling and sale of propane. That was the reason they were asking for a Special Use Permit. There was industrially zoned land just a half-mile to the north. The club did not know who would be policing this in terms of how much propane was being sold and refueled, nor how big the concrete batch plant would be and how much concrete they would be selling. That meant no restriction on the size and number of trucks that went in and out.

Mr. Weedman also pointed out that the City’s Comprehensive Master Plan showed this area to be retail, including both the business park and the Shamrock Hills Golf Club. They believed that granting this Special Use Permit would have a negative impact on those future uses that the master plan showed. Three or four years ago, Shamrock had also been here to contest the gas service company’s request to store equipment and trucks at their facility to the east of the Bledsoe property. The Planning Commission had turned down the request, but the City Council had subsequently approved it. Mr. Weedman believed they were responding to the company pressuring them by threatening to move out of the city. However, the Planning Commission had not considered this kind of use appropriate, and now the gas company was in this business park at the back of it. The Shamrock Hills Golf Club was expressing opposition to having a construction yard and concrete batch plant in this proposed retail use area, as it did not fit the Comprehensive Plan.

Mr. Thomas Fouts, owner of Bledsoe Equipment Rental, stated that they had been in business in Lee’s Summit since 1998. Their location on NE Douglas was surrounded on all sides by commercial and retail development, and they were not a construction yard but a general rental center of small to medium sized construction equipment. The concrete dispenser was just a small facility for trailer-hauled concrete and was not a big facility like Ready-Mix. The restrictions and size limits were part of the plan and they would stay within those guidelines. They would in fact have to get approval from the City to go outside the guidelines, and had no such plans. The propane dispensing unit would be of a size to fill barbecue grills and recreational vehicles. It was not an industrial use with large tanks, and the area used would be no bigger than any other business that did propane exchange and safety inspections.

Mr. Fouts added that he believed there was enough of a buffer, with the Pickard’s Auto Sales on the lot between them and Shamrock Golf Course. MGE was probably much more a construction yard than Bledsoe would ever be and they took pride in keeping equipment up to date with an attractive appearance to the public. Moreover, the property sat higher over the highway, so the line of vision was limited from the road and there would be additional screening.

Mr. Weedman returned to the podium and asked what restrictions the Special Use Permit involved. Specifically, he wanted to know if it would restrict the uses to the kinds that Mr. Fouts described, and if a new owner who had bought out the business could expand these uses.

Vice Chair Christopher then asked if the Commission had questions for the applicant or staff. He asked what kind of limitations the property would have, including future owners. Mr. Scannell answered that the Special Use being requested tonight was for equipment rental as well as propane sales and concrete sales. There was nothing referring to the amount of propane and concrete sales. Mr. Scannell suggested this could be addressed via the Preliminary Development Plan. If the plan moved forward, typically an ordinance for Special Use would be tied to the development plan that the Commission and City Council saw. Concerning expanding the equipment rental business to more heavy machinery, the SUP being requested tonight would not cover that type of business change. They would have to come back for approval of a new SUP.