City Council Information Form

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1 City Council Information Form DATE: 01/29/2015 ASSIGNED STAFF: Robert McKay DEPARTMENT: Planning&Development TYPE OF FORM: Public Hearing Form No.: 4668 APPROVALS: None ISSUE/REQUEST: PUBLIC HEARING Appl. #PL SPECIAL USE PERMIT renewal for major automotive repair services Adams Toyota auto repair & maintenance facility, 2401 NE Douglas St.; Adams Toyota Lee s Summit, applicant. KEY ISSUES: This application is for the renewal of a special use permit in order to continue to allow major automotive repair at 2401 NE Douglas Street. The original special use permit was approved for a period of 3 years. The applicant requests a renewal of the special use permit for a period of 30 years. Staff recommends renewal of the special use permit for 10 years. PROPOSED CITY COUNCIL MOTION: I move to direct staff to draft and ordinance approving Appl.#PL SPECIAL USE PERMIT renewal for major automotive repair services Adams Toyota Auto Repair & Maintenance Facility, 2401 NE Douglas St.; Adams Toyota Lee's Summit, applicant. BACKGROUND:(including location, programs/departments affected, and process issues) IMPACT/ANALYSIS: TIMELINE Start: Finish: OTHER INFORMATION/UNIQUE CHARACTERISTICS: STAFF RECOMMMENDATION Staff recommends APPROVAL of the special use permit, subject to the following: 1. The special use permit shall be granted for 10 years. 2. All repair activities shall be conducted inside the building. 3. Inoperable vehicles, as defined in the UDO, shall not be stored in the defined employee or customer parking areas. Such storage shall be northeast of the building in the specified area shown on the submitted site

2 plan. 4. The use shall not generate noise, odors, or fumes that can be detected beyond the walls of the building in which the use is housed. 5. Overhead doors shall remain closed to eliminate associated noise from such uses that are within 300 feet of any residential district or use. OTHER BOARDS AND COMMISSIONS ASSIGNED: Planning Commission DATE: 01/13/2015 ACTION: Voted unanimously by voice vote to recommend APPROVAL of Appl. #PL SPECIAL USE PERMIT renewal for major automotive repair services Adams Toyota Auto Repair & Maintenance Facility, 2401 NE Douglas St.; Adams Toyota Lee's Summit, applicant, subject to staff's recommendation items 1 5. COUNCIL COMMITTEE ASSIGNED: Not Applicable DATE: ACTION: List of Reference Documents Attached 1. Planning Commission Letter 2. Planning Commission Minutes 3. Use Narrative & Special Use Permit Criteria 4. Adams Toyota Site Plan 5. Photo's of Subject and Surrounding Properties 6. Location Map

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7 LEE S SUMMIT PLANNING COMMISSION Minutes of Tuesday, January 13, 2015 The Tuesday, January 13, 2015, Lee s Summit Planning Commission meeting was called to order by Chairperson Norbury at 5:00 p.m., at City Council Chambers, 220 SE Green Street, Lee s Summit, Missouri. OPENING ROLL CALL: Mr. Jason Norbury, Chairperson Present Mr. Kurt Pycior Absent Mr. Fred Delibero Present Mr. Fred DeMoro Present Mr. John Reece, Vice Chair Present Ms. Colene Roberts Present Mr. Frank White III Present Mr. Michael Ekey Absent Mr. Donnie Funk Absent Also present were Hector Soto, Senior Planner; Christina Stanton, Senior Planner; Jennifer Thompson, Staff Planner; Ron Seyl, Staff Planner; John Mautino, Deputy City Attorney; Kent Monter, Development Engineering Manager; and Carrie Craver, Administrative Assistant. 1. APPROVAL OF CONSENT AGENDA A. Minutes of the December 9, 2014, Planning Commission meeting On the motion of Mr. Reece, seconded by Mr. Delibero, the Planning Commission voted unanimously by voice vote to APPROVE the Consent Agenda, Item 1A as published. APPROVAL OF AGENDA: Chairperson Norbury announced that there were no changes to the agenda, and asked for a motion to approve. On the motion of Mr. Reece, seconded by Mr. Delibero, the Planning Commission voted unanimously by voice vote to APPROVE the agenda as published. 2. Application #PL SPECIAL USE PERMIT renewal for major automotive repair services Adams Toyota auto repair & maintenance facility, 2401 NE Douglas St.; Adams Toyota Lee s Summit, applicant Chairperson Norbury opened the hearing at 5:04 p.m. and asked those wishing to speak, or provide testimony, to stand and be sworn in. Mr. Scott Middleton, general manager for Adams Toyota, stated that they were asking for a renewal of the Special Use Permit that had been granted three years ago. The dealership had relocated from Raytown to Lee's Summit 12 years ago but that had not included the body shop since they did not have a location for it. They had moved the body shop to its Lee's Summit location three years ago, and this had worked out very well. The body shop manager was PLANNING COMMISSION 1 JANUARY 13, 2015

8 familiar with the surrounding areas and make sure the shop complied with the SUP requirements. Following Mr. Middleton s presentation, Chairperson Norbury asked for staff comments. Mr. Seyl entered Exhibit (A), list of exhibits 1-15 into the record. He related that this SUP for major auto repair was granted three years ago; and the applicant had originally requested a 30- year term for the renewal. Staff recommended renewal for 10 years; and this was consistent with previously approved SUPs for similar uses. Staff had not received any complaints about the uses covered by the current SUP. The existing facility would not be expanded, and all of the site's existing conditions would remain the same. Staff recommended approval of the request, subject to Recommendation Items 1 through 5. Following Mr. Seyl s comments, Chairperson Norbury asked if there was anyone present wishing to give testimony, either in support for or opposition to the application. Seeing none, he then asked if the Commission had questions for the applicant or staff. Chairperson Norbury asked what the reasoning had been for originally granting three years. Mr. Middleton was not sure; but remarked that Adams had wanted a longer term so that they would not have to go through the application process so often. Mr. Seyl was not sure, but believed this might have been a first-time SUP term to see how well the relocated use worked in that location. Ms. Teresa Bayman stated that she was comptroller at Adams. She clarified that the three-year term had coincided with the term of the lease. Chairperson Norbury asked if there were further questions for the applicant or staff. Hearing none, he closed the public hearing at 5:10 p.m. and asked for discussion among the Commission members, or for a motion. Mr. Delibero made a motion to recommend approval of Application PL , Special Use Permit renewal for major automotive repair services: Adams Toyota auto repair & maintenance facility, 2401 NE Douglas St.; Adams Toyota Lee s Summit, applicant; subject to staff s letter of January 9, 2015, specifically Recommendation Items 1 through 5. Mr. Reece seconded. Chairperson Norbury asked if there was any discussion of the motion. Hearing none, he called for a vote. On the motion of Mr. Delibero, seconded by Mr. Reece, the Planning Commission members voted unanimously by voice vote to recommend APPROVAL of Application PL , Special Use Permit renewal for major automotive repair services: Adams Toyota auto repair & maintenance facility, 2401 NE Douglas St.; Adams Toyota Lee s Summit, applicant; subject to staff s letter of January 9, 2015, specifically Recommendation Items 1 through 5. (The foregoing is a digest of the secretary s notes of the public hearing. The transcript may be obtained.) PLANNING COMMISSION 2 JANUARY 13, 2015

9 2. Application #PL SPECIAL USE PERMIT renewal for automotive sales HMH Autosport Used Car Sales and Service, 713 SE M-291 Hwy.; HMH Limited, Inc., applicant Chairperson Norbury opened the hearing at 5:11 p.m. and asked those wishing to speak, or provide testimony, to stand and be sworn in. Mr. Soto stated that staff had just heard from the applicant, who was still en route and was not in the building. Chairperson Norbury closed the public hearing, stating that he would re-open it when the applicant arrived. 3. Application #PL REZONING from CP-2 to RP-4 and PRELIMINARY DEVELOPMENT PLAN Village Cooperative, southeast corner of Battery Dr. and Shenandoah Dr.; Engineering Solutions, applicant Chairperson Norbury opened the hearing at 5:12 p.m. and asked those wishing to speak, or provide testimony, to stand and be sworn in. Mr. Shane Wright, of the Real Estate Equities development company, gave their business address as 1400 Corporate Center Curve in Eagan, Minnesota. For this application, he was representing the Village Cooperative senior housing development. The applicants were requesting a rezoning for the property, and he was prepared to answer any questions. Mr. Matt Schlicht was also present. Mr. Wright observed that most of staff's comments in the report pertained to items that Mr. Schlicht was addressing. They were in agreement with staff's Recommendation Items. Following Mr. Wright's presentation, Chairperson Norbury asked for staff comments. Ms. Stanton entered Exhibit (A), list of exhibits 1-18 into the record. She stated that the rezoning was for 4.37 acres, from CP-2 to RP-4. The development would be a 50-unit cooperative in a three-story building. Staff wanted to amend Recommendation Item 6, with the first sentence reading The developer shall execute a mutually satisfactory development agreement with the City, which addresses, at a minimum, the required sanitary sewer and road improvements [change underlined]. Following Ms. Stanton s comments, Chairperson Norbury asked if there was anyone present wishing to give testimony, either in support for or opposition to the application. Seeing none, he then opened the hearing for questions from the Commission for the applicant or staff. Mr. DeMoro noted that Recommendation Item 3 called for mitigation efforts for work in and close to the wetland before the development plan could even be brought to the City Council. He asked if any efforts had been started yet and if so, what the progress was. Mr. Matt Schlitz, of Engineering Solutions, responded that report on the wetland delineation was completed and was ready to go the Corps of Engineers. They had used Mr. David Flick from Terra Technologies to prepare the report and application; and the process would take 2 or 3 weeks. He confirmed for Mr. DeMoro that after the delineation was completed, identifying both PLANNING COMMISSION 3 JANUARY 13, 2015

10 the wetlands themselves and what mitigation could be done, the Corps would follow up with their recommendations. Mr. Reese asked Mr. Schlict if he had met with Corps representatives, noting that this entity could be difficult to work with at times. Mr. Schlict explained that meeting with the Corps was part of the process that Terra Technologies typically did. Ms. Roberts asked if drawings showing the wetland location and what would be done were available. Mr. Schlict displayed the delineation and pointed out locations with about 155 feet of stream sections that had been identified at the north end, as well as some pockets in the center. Their mitigation would be only about acres. They proposed to leave the pond at its location and detour the detention around it in order to leave the pond's ecosystem as-is. They would build up a perimeter that would allow the water to rise and go through a controlled outlet system during rain events. Ms. Roberts asked if the entire area would become a pond. Mr. Schlict pointed to the inner of the drawing's concentric circles and explained that this indicated the current 'wet' edge of the existing pond. The dark outermost circle indicated the berm that rising water levels could build up to. Ms. Roberts asserted that she wanted to know what area would be a wetland and what would be a pond. She'd had the impression from the drawing that it would be turned into a decorative pond. Mr. Schlict assured her that they would not, and would only raise the capacity during peak flow. The stream at the northern end that had previously allowed the water to drain freely would now be control released. Mr. Reese asked if that area was wetted at present, and Mr. Schlict answered that it was. Mr. Reese then asked about mosquito control. Mr. Schlict answered that this could be addressed via repellents in the area of the building. However, insects including mosquitoes were an inevitable problem when buildings were close to wetlands. They could not be eradicated and still leave the wetlands undamaged. Mr. Wright commented that this area, and the knowledge that it was a natural habitat that would not be disturbed, had actually been a drawer for the prospective buyers. Chairperson Norbury asked if any of the property owners within the notice required 185 feet had contacted the applicants, or if they'd met with the neighbors to the north of the property. Mr. Wright recalled one in March, and one of the City Councilmembers had been present. They had sent out the required notifications as well. Only one neighbor had attended the meeting, but he had felt that the project would be a benefit to the community. They had not received any other feedback. Mr. Doug Stacey gave his address as 2125 SE 7th Street, which was about 250 feet away from the proposed development. He was here tonight to see what it would be like. Mr. Stacey added that he had received a hard copy of the plan but the print was too tiny to read. Chairperson Norbury summarized that this would be a 50-unit, 3-story cooperative living complex for people age 62 and above. The applicant who was present could provide him with more legible copies of the drawings. Chairperson Norbury asked if there were further questions for the applicant or staff. Hearing none, he closed the public hearing at 5:16 p.m. and asked for discussion among the Commission members, or for a motion. PLANNING COMMISSION 4 JANUARY 13, 2015

11 Mr. Delibero made a motion to recommend approval of Application PL , Rezoning from CP-2 to RP-4 and Preliminary Development Plan: Village Cooperative, southeast corner of Battery Dr. and Shenandoah Dr.; Engineering Solutions, applicant; subject to staff s letter of January 9, 2015, specifically Recommendation Items 1 through 6; with Item 6 amended by adding the word road between the words sewer and improvement in the first sentence. Mr. Reece seconded. Chairperson Norbury asked if there was any discussion of the motion. Hearing none, he called for a vote. On the motion of Mr. Delibero, seconded by Mr. Reece, the Planning Commission members voted unanimously by voice vote to recommend APPROVAL of Application PL , Rezoning from CP-2 to RP-4 and Preliminary Development Plan: Village Cooperative, southeast corner of Battery Dr. and Shenandoah Dr.; Engineering Solutions, applicant; subject to staff s letter of January 9, 2015, specifically Recommendation Items 1 through 6, with Item 6 amended as stated. (The foregoing is a digest of the secretary s notes of the public hearing. The transcript may be obtained.) 2. Application #PL SPECIAL USE PERMIT renewal for automotive sales HMH Autosport Used Car Sales and Service, 713 SE M-291 Hwy.; HMH Limited, Inc., applicant Chairperson Norbury opened the hearing at 5:25 p.m. and asked those wishing to speak, or provide testimony, to stand and be sworn in. Mr. Terry Hancock gave his address as 4308 SW Belle Point Drive in Lee's Summit. He had owned the business at the corner of 7th Street and M-291 for 25 years, and he owned the property itself as well. He was requesting a renewal of the existing Special Use Permit and had asked for a 20-year term, although staff was recommending 10. He was in agreement with staff's two Recommendation Items. Following Mr. Hancock s presentation, Chairperson Norbury asked for staff comments. Ms. Thompson entered Exhibit (A), list of exhibits 1-16 into the record. She confirmed that this request was for a Special Use Permit renewal for auto sales. Staff supported the request and recommended its approval, including a time period of 10 years (Recommendation Item 1); and the parking for employees and customers be striped. They would also add ADA accessible parking spaces with signs as required by the UDO (Recommendation Item 2). Following Ms. Thompson's comments, Chairperson Norbury asked if there was anyone present wishing to give testimony, either in support for or opposition to the application. Seeing none, he then asked if the Commission had questions for the applicant or staff. As there were no questions, he closed the public hearing at 6:28 p.m. and asked for discussion among the Commission members. Hearing no further discussion, Chairperson Norbury called for a motion. PLANNING COMMISSION 5 JANUARY 13, 2015

12 Mr. DeMoro made a motion to recommend approval of Application PL , Special Use Permit renewal for automotive sales: HMH Autosport Used Car Sales and Service, 713 SE M- 291 Hwy.; HMH Limited, Inc., applicant; subject to staff s letter of January 9, 2015, specifically Recommendation Items 1 and 2. Mr. Reece seconded. Chairperson Norbury asked if there was any discussion of the motion. Hearing none, he called for a vote. On the motion of Mr. DeMoro, seconded by Mr. Reece, the Planning Commission members voted unanimously by voice vote to recommend APPROVAL of Application PL , Special Use Permit renewal for automotive sales: HMH Autosport Used Car Sales and Service, 713 SE M-291 Hwy.; HMH Limited, Inc., applicant; subject to staff s letter of January 9, 2015, 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.) PUBLIC COMMENTS There were no public comments at the meeting. ROUNDTABLE Mr. Monter reminded the Commission of Mr. Chuck Owsley's retirement and Dena Metzger's replacement as Public Works Director. Her position had been filled by Mr. George Binger, who was now the Deputy City Engineer. He had worked for the City on the engineering staff for about 15 years. ADJOURNMENT There being no further business, Chairperson Norbury adjourned the meeting at 5:32 p.m. PC PLANNING COMMISSION 6 JANUARY 13, 2015

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