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CITY OF SHAWNEE

PLANNING COMMISSION MEETING

MINUTES

August 3, 2015

7:30 P.M.


PLANNING COMMISSIONERS PRESENTSTAFF PRESENT
Commissioner Augie BoginaPlanning Director Paul Chaffee
Commissioner Dennis BusbyDeputy Planning Director Doug Allmon
Commissioner James SchnefkePlanner Mark Zielsdorf
Commissioner Henry SpechtAdministrative Assistant Angie Lind
Commissioner Alan Willoughby
PLANNING COMMISSIONER(S) ABSENT
Commissioner Bruce Bienhoff
Commissioner Randy Braley
Commissioner Steven Wise
CHAIRMAN BOGINA: Good evening and welcome to the August 3, 2015 meeting of the Shawnee Planning Commission. We’ll start with roll call. CHAIRMAN BOGINA: Commissioner Specht.

COMMISSIONER SPECHT: Here.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Here.

CHAIRMAN BOGINA: Commissioner Bienhoff is absent.

CHAIRMAN BOGINA: Commissioner Busby.

COMMISSIONER BUSBY: Here.

CHAIRMAN BOGINA: Commissioner Bogina is here.

CHAIRMAN BOGINA: Commissioner Schnefke.

COMMISSIONER SCHNEFKE: Here.

CHAIRMAN BOGINA: Commissioner Wise is absent.

CHAIRMAN BOGINA: Commissioner Braley is absent.

CHAIRMAN BOGINA: If you’d please rise and join us in the Pledge of Allegiance.

CHAIRMAN BOGINA: Thank you. CHAIRMAN BOGINA: Item 1 is listed under the Consent Agenda is the minutes of the July 20, 2015 meeting. Is there a request to remove this item from the Consent Agenda? If not, is there a motion to approve the Consent Agenda? Commissioner Schnefke.

COMMISSIONER SCHNEFKE: Mr. Chairman, I move for approval of Consent Agenda Item.

CHAIRMAN BOGINA: Thank you. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I second the motion.

CHAIRMAN BOGINA: There’s a motion and second to approve Item 1 of the Consent Agenda, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes.


(Motion passes 5-0, Bienhoff, Braley, and Wise absent)

CHAIRMAN BOGINA: Item D. is: CHAIRMAN BOGINA: Doug.

DEPUTY PLANNING DIRECTOR ALLMON: Good evening. The auto brokerage is proposed to be located in an existing multi-tenant building. The applicant will operate a wholesale dealership that purchases vehicles at dealer auctions. The autos are loaded onto transport vehicles at the auction and delivered directly to other dealers across the country. This location will serve as a business office for record keeping, logistics and internet research. No vehicles will be stored or displayed at this location.

The property is zoned Commercial Highway (CH). Other businesses within the multi-tenant building are located to the north and south of the proposed brokerage. Properties to the east and west are also zoned CH, and contain an automotive repair center and a mini-storage facility.

The applicant is requesting special use permit to obtain an auto dealer’s license at the site. The company will not be allowed and does not plan on having any inventory on the site. The site shall be not be utilized for the delivery or distribution of vehicles, and no cars that are for sale by the company shall be parked on the site at any time.

Approval of the special use permit should have little, if any, detrimental effect upon the surrounding properties. The auto brokerage will be conducted entirely within an existing commercial building, and no vehicles or other inventory related to the business will be located on the site.

Denial of the request would not appear to benefit the health and welfare of the community. The use will fill a vacant tenant space on the Shawnee Mission Parkway corridor, with no impact to surrounding businesses or residents.

In terms of a recommendation, staff recommends approval of SUP-08-15-08, request for a zero-inventory auto brokerage to be located at 12694 Shawnee Mission Parkway, subject to the following conditions:

That completes our report.

CHAIRMAN BOGINA: Thank you, Doug. Is the applicant present? Hi, could you give us your name and address please?

APPLICANT: I’m sorry?

CHAIRMAN BOGINA: Could you give us your name and address please?

APPLICANT: My name is Reggie Jones and I reside at (Address omitted from record).

CHAIRMAN BOGINA: Thank you. Have you read the staff report?

MR. JONES: Yes.

CHAIRMAN BOGINA: Are you in agreement with staff’s recommendations?

MR. JONES: Yes, I am.

CHAIRMAN BOGINA: Thank you. Does the Commission have any questions for the staff or the applicant? Thank you. This is a public hearing and so does anyone from the audience have a wish to speak on this item? If not, we’d be in Commission discussion. Commissioner Busby.

COMMISSIONER BUSBY: Thank you, Mr. Chairman. With no discussion, I’d move for approval of SUP-08-15-08, special use permit non-inventory auto brokerage, Attention 2 Detail, LLC at 12694 Shawnee Mission Parkway.

CHAIRMAN BOGINA: Thank you. Commissioner Specht.

COMMISSIONER SPECHT: I second the motion.

CHAIRMAN BOGINA: There’s a motion and a second to approve SUP-08-15-08, a special use permit to allow the operation of an auto brokerage with zero-inventory in the CH zoning district, located at 12694 Shawnee Mission Parkway, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes. Thank you.


(Motion passes 5-0, Bienhoff, Braley, and Wise absent)

CHAIRMAN BOGINA: Item #2 is: CHAIRMAN BOGINA: Doug.

DEPUTY PLANNING DIRECTOR ALLMON: The Martindale industrial park is located at 6922-6948 Martindale. There are currently six (6) businesses operating in the two-building complex. The fronts of the businesses face north and south, perpendicular to the adjacent street.

The sign ordinance allows for one (1) monument sign on each street frontage in all office, commercial and industrial zoning districts. The applicant has submitted an application for one monument (1) sign denoting the business names and addresses within the center. The monument sign is proposed to be located along Martindale Road, approximately ten (10) feet from the eastern property line. The overall sign area of 40 square feet meets the sign code requirements.

The applicant is requesting a size variance to exceed the overall height allowed in the SMC 5.64.050.A.1. of seven (7) feet in height above the average grade. The sign code allows the Planning Commission to grant a sign variance regarding the size of a monument sign, not to exceed 25 percent of what is regularly allowed. The proposed monument sign is 7.5 feet tall, exceeding the maximum height by six (6) inches. The additional height is within the allowable variance amount of 25 percent.

The applicant believes the sign variance is warranted because all the individual businesses cannot be seen from the street, and the business name and addresses cannot reasonably fit within the allowed monument sign size.

Staff has reviewed the variance proposal and feels the proposed size of the sign would pose no adverse effects. The additional height only nominally exceeds the allowed sign area, or sign height, excuse me. Additionally, the monument sign would serve to direct patrons within the industrial park as is a permitted for this type of sign for the development.

In terms of a recommendation, staff recommends approval of S-124-15-07, a monument sign size variance for the Martindale Complex, located at 6922-6948 Martindale Road, subject to the conditions listed below:

That completes our report.

CHAIRMAN BOGINA: Thank you, Doug. Is the applicant present?

DEPUTY PLANNING DIRECTOR ALLMON: I do not see the applicant. I would suggest based on our policy that we table this item.

(Inaudible)

CHAIRMAN BOGINA: I have a number of questions that I would have asked the gentleman, should he be here. But, I can ask you a couple little things.

DEPUTY PLANNING DIRECTOR ALLMON: I can try.

CHAIRMAN BOGINA: And then we could continue, until he could come up here. Is there any problem with site distance in order to see a sign at this location?

DEPUTY PLANNING DIRECTOR ALLMON: There isn’t an issue of site distance…

(Inaudible)

CHAIRMAN BOGINA: I’m sorry, is there any reason why a sign that would meet our existing criteria could be placed in and be seen without this, without an exception?

DEPUTY PLANNING DIRECTOR ALLMON: I think the issue is really about this site…

(Inaudible)

DEPUTY PLANNING DIRECTOR ALLMON: I think there are so many tenants within that complex that they need space to…

(Inaudible)

CHAIRMAN BOGINA: So, he has a view that this 1 inch for each sign difference is going to make a great deal of difference in his appearance of his sign?

(Inaudible)

CHAIRMAN BOGINA: It’s up to the Commission, but typically… Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: So, Doug, when it says that the sign code allows the Planning Commission to grant a sign variance regarding the size, this isn’t the size because he’s meeting the size requirements, but it’s the height requirement.

(Inaudible)

COMMISSIONER WILLOUGHBY: So, does the size apply to the height?

DEPUTY PLANNING DIRECTOR ALLMON: We do grant a variance for size which is square footage and size in terms of height. The maximum height is 7 feet…

(Inaudible)

DEPUTY PLANNING DIRECTOR ALLMON: So, you have that 25%...

(Inaudible)

COMMISSIONER WILLOUGHBY: Okay, both.

DEPUTY PLANNING DIRECTOR ALLMON: Square footage and height.

CHAIRMAN BOGINA: It’s up to the Commission, but typically should the applicant not appear to answer questions that we could be comfortable, we could table the Item until he could make it. Is there an objection, is there…Commissioner Busby.

COMMISSIONER BUSBY: Thank you, Mr. Chairman, I move we table this to the next meeting (August 17, 2015) so that if we do have questions that we are able to address them with the owner or at least the applicant.

CHAIRMAN BOGINA: Thank you. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I second it.

CHAIRMAN BOGINA: There’s a motion and a second to table Item #2 (to August 17, 2015) S-124-15-07, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes.


(Motion passes 5-0, Bienhoff, Braley, and Wise absent)

CHAIRMAN BOGINA: Item #3 is: CHAIRMAN BOGINA: Doug.

DEPUTY PLANNING DIRECTOR ALLMON: I apologize for my voice tonight; I’m trying to catch a cold. The applicant requests site plan approval for construction of a 4,100 square foot restaurant at 11330 Shawnee Mission Parkway. The project site is presently home to Arrow Rents, which provides equipment and truck rental services. The project will involve removal of the existing Arrow Rents building and three houses and related accessory structures from the site. The new McAlister’s Deli will occupy lot 1 (west side) of the recently approved Douglas/HPI subdivision plat. A second, conceptual use is shown on the site plan on the eastern lot 2 of the subdivision to depict shared and cross access between the two lots. Development of lot 2 shall require subsequent site plan approval by the Planning Commission.

The property is zoned CH-O (Commercial Highway-Overlay). Right-of-Way for 62nd Terrace is located to the north, while the frontage road for Shawnee Mission Parkway is located to the south. Surrounding land uses include a small office building to the west, and an oil changing facility to the east. A single-family home is located on the north side of 62nd Terrace.

Ingress and egress to the site is currently provided from two entrances that connect to the Shawnee Mission Parkway frontage road. Today, the western most approach is located approximately 60 feet from Flint (centerline to centerline). Access control to the site was established on the recently approved subdivision plat for the property. This access control established one driveway cut to serve both lots within the subdivision, and removed the eastern-most driveway cut currently found to the southeast of the Arrow Rents building. The site plan places the centerline of the new driveway approach approximately 94 feet to the east of the centerline of Flint.

The building is set back more than 30 feet from adjacent public street rights-of-way. All parking stalls are located at least 20 feet from adjacent right-of-way lines. Height of the building is 21’6” to the tallest point of the roof parapet, which is less than the 45-foot maximum height allowed in the CH-O zoning district.

Sixty-eight (68) parking spaces are provided on the McAlister’s site. Based on seating capacity of the restaurant and anticipated employees on maximum shift, 56 spaces are required. All drive aisles, parking stalls and internal driveway approaches have been designed to meet current zoning requirements. A private sidewalk surrounds all four sides of the building and a small outdoor dining area is shown on the east side of the building. As the restaurant does not serve alcohol, the seating area is not required to be fenced. The grease interceptor has been located at the northwest corner of the building, away from primary entrances.

The plan indicates that parking lot light poles will be 21.5’ in height on a 2.5’ tall base to comply with code. Lamp fixtures are composed of flat LED panels that are mounted at a ninety degree angle with the pole. This is the first application of LED light panels within a private parking lot to be reviewed. If glare from these LED fixtures becomes an issue for residents to the north, the owner shall install cutoff shields on the north side of the fixture heads.

The building has a flat roof and is rectangular in shape (approximately 60 feet wide by 67 feet deep). The building is oriented so the shortest side of the structure is parallel to Shawnee Mission Parkway. Glass entry doors have been provided on the south, east, and west sides of the structure to allow easy customer access.

The submitted building elevations indicate the majority of all walls will be constructed of a tan-brown brick blend, with beige cement stucco above. The front (south) wall includes the primary customer entrance that is accented by dark green cement stucco above the entry door. This stucco parapet wall forms the backdrop for the building sign, and is framed by two stucco pilasters also colored “Whole Wheat”. The base of both entry pilasters are constructed of rough-hewn masonry integrally tinted buff.

A series of windows are provided into the dining area on the south, east and west elevations. Each window is framed by brick, with beige rough-hewn masonry units beneath. These masonry units match those used to accent the front entry. All windows are equipped with an aluminum shutter also colored Pard green. To add detail to the fašade, a molded EIFS cornice will be installed above the top of all parapet walls. This decorative cornice will be painted off white (Sherwin Williams “Antique White”).

The building is designed so the roof slopes slightly to the north. This allows downspouts be located on the rear of the building. Plans indicated they will be colored to match the adjacent wall. The walk-in cooler is located inside the structure so it is not visible. The rooftop access ladder will be located inside the building, and utility meters and related conduit/piping will be painted to match the adjacent wall. All metal mandoors shall also be painted to match the adjacent wall. Mechanical equipment will be roof-mounted and will be screened by the parapet wall.

Presently, the redevelopment site is mostly composed of impervious asphalt and buildings. This project will result in a reduction in the amount of impervious surface on the site. Frontage and open space trees shown on the landscape plan exceed minimum code requirements. A 6-foot tall wooden privacy fence will be constructed fence along the north property line.

The applicant is also proposing to plant evergreen and flowering shrubs, as well as flowering perennials to accent the building and parking lot. Plant species include inkberry holly, sweet spire, and stella lilies. In total, 27 holly and 102 sweet spire shrubs will be added to the site, while 658 lilies will also be planted.

All plant sizes meet the minimum requirements of the landscape ordinance. All disturbed areas are shown to be sodded in accordance with Shawnee Municipal Code (SMC) 17.57.035.

Building signage is allowed and shown on the south and east walls of the building. Signs are allowed on these elevations as the lot has adjacent street frontage or parking and/or drives wider than 40 feet. Wall signage shall not exceed 7 percent of the wall area. All signs are shown below the primary parapet wall height.

An individual monument sign is not allowed on each lot of the subdivision. However, one monument sign for the subdivision is allowed, and is shown, adjacent to Shawnee Mission Parkway to serve both lots.

A trash enclosure has been located at the northeast corner of the parking lot, away from Shawnee Mission Parkway. Plans indicate the enclosure will be constructed of rough-hewn block to match the building.

And with that all the other sections of the report are contained in the conditions of approval.

Staff recommends approval of SP-23-15-08, a site plan to construct a new McAlister’s Deli restaurant at 11330 Shawnee Mission Parkway, subject to the conditions listed staff report.

That completes our report.

APPLICANT: Good evening. My name is Kevin Pinkowski with BHC Rhodes, we are here representing the developer; my address is 7101 College Blvd., Suite 400, Overland Park Kansas.

CHAIRMAN BOGINA: (Inaudible)

MR. PINKOWSKI: I have.

CHAIRMAN BOGINA: (Inaudible)

MR. PINKOWSKI: I am.

CHAIRMAN BOGINA: Commissioner Busby.

COMMISSIONER BUSBY: Thank you Mr. Chairman. I have a question I’m concerned about and I hope in detail you can explain this out and I’m not sure whether this is for yourself or for staff, but I’m concerned about stacking, as in seemingly we’re coming off the one light on that frontage road off Shawnee Mission Parkway and then we’re turning into the right and then there’s a left turn into their, so how do we know that stacking is not going to be an issue and pretty soon we’ll have cars backed up onto Shawnee Mission Parkway?

MR. PINKOWSKI: So, you’re concern is about inbound cars, inbound to the lot stacking up in backing up into shy Mission Parkway…

COMMISSIONER BUSBY: I’d say that as well, as I’ve seen cars get somewhat stacked up because that light is not that frequent on trying to get back onto Shawnee Mission Parkway too.

MR. PINKOWSKI: Yeah.

COMMISSIONER BUSBY: I’m just concerned that might be an issue.

MR. PINKOWSKI: Sure. I’ve been at that site in the same conditions where the light, letting traffic out onto Shawnee Mission Parkway is stacking up cars and all I can say is that that is an existing condition in the right-of-way that we don’t really address that situation on our site plan. On, I will say that you can see it on this plan just a little bit the, and it was noted in the report, that the existing, the west existing driveway of Arrow Rents actually 35 feet farther to the west of the driveway as we have shown it, so our site has not only moved the driveway further to the east to separate those two junctures, but in addition you can see the existing island right there is about 10 feet so there’s less than one cars length of stacking of inbound cars on this plot whereas we have, you know, improve the condition. It’s, I’m not saying that there won’t, after the site is developed, there won’t be any stacking issues, I’m not going to say that because it’s a tough situation out in the right-of-way that I feel would need to be addressed by a larger effort than just the development of this law.

COMMISSIONER BUSBY: Has, and this is for staff, has the traffic department looked at this and said this ought to be, if we’ve got up to 50 some cars could be in there, and I guess the other concern is at some point in time the other lot may end up being a restaurant as well so now are we really able to shuffle 60 cars an hour, 80 cars an hour, in and out of their? I don’t, simple question and I don’t know the answer.

DEPUTY PLANNING DIRECTOR ALLMON: (Inaudible)

COMMISSIONER BUSBY: Thank you.

PLANNING DIRECTOR CHAFFEE: In addition we are taking two points of entry to the site and making it into one so the eastern entrance to Arrow Rents is gone and then the western entrance moves further to the east about 35 feet, so in that respect there’s less turn movements and less opportunity for not as good of traffic flow coming out of the site as could be otherwise.

MR. PINKOWSKI: The other thing I could say with regard to your, you know, hourly traffic count, originally we had looked at this site as a drive-through site and the restaurant would have a drive-through and as you can see it’s not, so I would imagine that that would reduce some of the traffic flow of people coming in and sitting down as opposed to going through the drive-through. I can’t speak to Lot 2, what we have shown on that site is just a concept right now, so we don’t know what that’s going to be so, you know, we can’t, I can’t really say what the traffic counts are going to be at the peak hour but it doesn’t have a, the plus side is it doesn’t have a drive-through where people would increase the traffic count on that for Lot 1.

COMMISSIONER BUSBY: Thank you.

CHAIRMAN BOGINA: Is there any other questions for the staff or the applicant? One comment that I would make, is that I was very impressed with the landscape plan and I think, I thought you did a very…

MR. PINKOWSKI: With the landscaping?

CHAIRMAN BOGINA: Landscaping plan, I thought it was a very fine exhibit.

MR. PINKOWSKI: I will be sure to pass that on to the landscape architect, thank you.

CHAIRMAN BOGINA: So, thank you. We would be in Commission discussion. Commissioner Busby.

COMMISSIONER BUSBY: You know, I, everybody’s looked at this and I think everybody’s concerned about it, but not concerned enough to say that these plans should work. I feel bad if later on we found out that they really wouldn’t work and that we got stacked up and pretty soon we have people out on Shawnee Mission Parkway, but so far it’s just my inquisition or my fear and we haven’t seen anything that says that’s the case so I would be glad to make a motion to approve the plan.

CHAIRMAN BOGINA: Yes, sir.

COMMISSIONER BUSBY: I, well let’s see, Commissioner Willoughby?

COMMISSIONER WILLOUGHBY: Just one comment, if people coming north. Or excuse me west on Shawnee Mission Parkway, you know, could not turn right on Flint and to access the restaurant, you know, the most likely thing they’re going to do is go on up to whatever the next street is an come back down the frontage road, you know, as a way to enter and so I think that helps quite a bit as far as any stacking problems that we’ll see on Shawnee Mission Parkway.

CHAIRMAN BOGINA: Well, I mean, the only comment that I think I’ll make on that is the sit-down style restaurant, even though it’s a deli, I mean, it will generate some traffic just like Arrow does now but when we, and were looking at this piece by piece, but when we get a drive-through restaurant there that, or if we receive a plan that came in like that, you’re looking at, you know, I don’t remember all the numbers but conceivably twice as many as what the deli would generate and then we, it’s probably something that we have to think about as to how we can best deal with the situation, but I did meet with the staff on this issue and I agree with the applicant that this is probably the best we can do for this application, this site plan today even though it’s a messy intersection and could get worse and I don’t think that that’s a benefit to any of the other five restaurants that are currently there if we don’t have a good access because they are all widely used, Kentucky Fried Chicken, Applebee’s, Subway, and so we don’t want that traffic now or in the future to be detrimental to the growth of the site or any other property in that area. It would be nice if we saw both plans together, but…

So, does anyone have a motion on this item? Commissioner Specht, he’s gonna take it on.

COMMISSIONER SPECHT: I’ll make a motion to approve SP-23-15-08, a site plan for McAlister’s Deli, 11330 Shawnee Mission Parkway, for the Saxton Group.

CHAIRMAN BOGINA: And would you like to add subject to the staff’s conditions?

COMMISSIONER SPECHT: Yes, subject to the staff’s conditions.

CHAIRMAN BOGINA: Thank you. Commissioner Busby.

COMMISSIONER BUSBY: I second the motion.

CHAIRMAN BOGINA: There’s a motion and a second to approve SP-23-15-08, a site plan approval for the construction of a 4100 square foot restaurant for a new McAlister’s Deli restaurant at 11330 Shawnee Mission Parkway, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 5-0, Bienhoff, Braley, and Wise absent)

CHAIRMAN BOGINA: #4 is: CHAIRMAN BOGINA: Mark.

PLANNER ZIELSDORF: The applicant requests a condition of approval of FP-08-15-06, Hills of Forest Creek, Fourth Plat to be amended from what was approved by the Planning Commission on June 15, 2015.

The applicant is currently building homes in the previously developed portions of the Hills of Forest Creek subdivision. The applicant recently met with Planning staff to discuss the current progress and projected construction timing for the fourth phase of Hills of Forest Creek.

He indicated that they only have a few lots left in the developed portion of the subdivision and are looking to start development of the fourth phase as soon as possible. Given the current time of year, a development startup late in the season, and the length of time it typically takes to get a commercial pool permit approved from Johnson County, there is concern that the condition of approval as written will delay the start of any home construction in the new phase until possibly late spring or early summer of 2016. The applicant indicated that there is a lot of interest in the subdivision at the moment and are concerned that potential delays caused by the timing of the receipt of a final certificate of occupancy for the subdivision pool requirement will restrict their ability to begin construction of new homes as soon as the new streets and utilities are installed.

The applicant is asking that the Planning Commission consider amending Condition of Approval Number Six (#6.) of FP-08-15-06 in a manner that will allow them to get a substantial start on the pool, but allow construction to begin on new homes within the fourth phase as well.

Just to remind you, Condition of Approval #6 as approved states: “A subdivision pool, parking area, recreational trail and landscaping within Tract B of Hills of Forest Creek, Second Plat shall be completed and a certificate of occupancy obtained for the pool prior to the issuance of any building permits for homes within the fourth plat.” As written, the condition requires that the pool be constructed and a final certificate of occupancy be issued for the pool prior to the issuance of a building permit and the start of construction on any homes within the 60 lots contained within the fourth phase.

Amending the condition would allow that home construction to be started after substantial construction of the pool has been completed, but prior to a final certificate of occupancy being obtained. Residential structures within the fourth plat will not receive a final certificate of occupancy until the pool receives a final certificate of occupancy. The applicant has stated in a letter to City staff that the pool will be completed and ready for a Final Certificate of Occupancy no later than June 15, 2016. This would allow construction of the pool and the first few homes to be developed in a timelier manner.

All other aspects of the final plat and all other conditions of approval will remain unchanged.

As far as staff’s recommendation, staff is confident that the developer will complete the pool as required, and given the circumstances regarding the late construction start and length of time that pool permitting can take, this seems to be a reasonable request by the developer.

If the Planning Commission concurs with amending the Condition of Approval as written, Staff recommends that Condition of Approval #6 for Hills of Forest Creek, Fourth Plat (FP-08-15-06) be amended as follows:

That concludes staff’s presentation.

CHAIRMAN BOGINA: Thank you. Is the applicant present?

APPLICANT: Good evening, Brian Rodrock, Manchester Partners, 9950 Dice Lane, Lenexa, KS. Good evening, Mr. Chairman.

CHAIRMAN BOGINA: Are you in agreement with the staff?

MR. RODROCK: Yes, I am.

CHAIRMAN BOGINA: Does the Commission have any questions for staff or the applicant? I just have one. Do you expect these building permits to be issued to you or companies that you control or are these people that are agreeing to something that we are doing and from your actions?

MR. RODROCK: That’s a good question. Right now on the Hills of Forest Creek, Rodrock Homes is building probably 80% of the homes; we bought 48 lots from the bank through John Duggin’s community; right now it’s Rodrock Homes is building, Bickimer and James III are right alongside of us; so when this gets approved, I mean, are lot contracts will have to disclose to those builders, I’d rather build them ourselves but there’s three building companies, I would disclose this to them if they sold the house and we had to have a house with a temporary occupancy permit; as far as the homes, the lots that worked sold, if we did make it by June 15, I’d be on the developers back and that would be us. I don’t know if I answer that, I apologize.

CHAIRMAN BOGINA: And, out of curiosity, why is the county, the county issues a pool permit?

MR. RODROCK: Yes, it’s taking about 90 days to get a sewer, commercial sewer permit, so I…

CHAIRMAN BOGINA: So, it’s the sewer…

MR. RODROCK: It’s the sewer that is killing us. I didn’t see that as a timing issue here in front of you last month, I apologize.

CHAIRMAN BOGINA: Okay, thank you. Are there any more questions for the applicant? Thank you.

MR. RODROCK: Thank you.

CHAIRMAN BOGINA: Mark, if I could ask you, so if he proposes this to, if Mr. Rodrock proposes this deal to individual builders, what is the city going to require, is the city going to reveal saying if they come in for a permit that they are going to know that this clause is part of their building permit, that occupancy certificate?

PLANNER ZIELSDORF: Well, I mean, that would be disclosed. I mean, they’re either not going to be able to get an occupancy permit until the pool is completed, that would be, they would be advised of that.

CHAIRMAN BOGINA: Should we pass this, I would, I just don’t want anybody to be surprised that is not connected to the applicant.

PLANNER ZIELSDORF: Well, to that end, and correct me if I’m wrong, he would be, their company would be the one selling the lots to the individual builders once the subdivision is developed to a point where the lots are available to build on.

CHAIRMAN BOGINA: Right, but okay…

PLANNER ZIELSDORF: So he…

CHAIRMAN BOGINA: As they come in for a permit, they will know that this clause is there.

PLANNER ZIELSDORF: That is correct.

CHAIRMAN BOGINA: Okay, thank you. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: But, Rodrock only bought 48 of the 60 lots, right?

CHAIRMAN BOGINA: Yes?

PLANNER ZIELSDORF: I’ll let him explain it.

MR. RODROCK: I digressed too far, there were 48 existing bank owned lots in the third phase and we built 80% of those lots; there’s 13 home-sites left which is why we’re bringing on this 60 new lots we have not broke ground yet; and that’s the reason for the urgency because were actually pretty Shawnee, creating, and we have the momentum and when we ran into this pool issue, we met with staff, so we wouldn’t stop the momentum of the people moving back into Shawnee; so the 60 lots, to come online.

CHAIRMAN BOGINA: Okay.

(Inaudible)

MR. RODROCK: Yes, sir.

COMMISSIONER WILLOUGHBY: Okay, all right, great.

CHAIRMAN BOGINA: Thank you.

(Inaudible)

CHAIRMAN BOGINA: We’re confused easily. Is there any other discussion by the Commission? If not, is there a motion on this item? Commissioner Schnefke.

COMMISSIONER SCHNEFKE: Mr. Chairman, I move for approval of FP-08-15-06, which is a revised condition of approval for the final plat of Hills of Forest Creek, which reads as follows:

CHAIRMAN BOGINA: Thank you. Is there a second? Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I’ll second the motion.

CHAIRMAN BOGINA: There’s a motion and a second to approve FP-08-15-06, the revised condition of approval for the final plat of Hills of Forest Creek, 4th Plat, which is Number Six (#6.), generally located in the 6000 Block of Lake Crest Drive, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 5-0, Bienhoff, Braley, and Wise absent)

CHAIRMAN BOGINA: That takes us to: CHAIRMAN BOGINA: Paul, do you have something?

PLANNING DIRECTOR CHAFFEE: Staff has a few items for you. First, is sort of timing with our last discussion since former Public Works Director Freyermuth retired back in February, the City manager has been reviewing the Public Works Department and Planning Department, Development Services to find out if there is a way that there can be some better efficiencies and a smoother way to do some of our work, so the changes took effect this morning, Codes Administration is now part of the Planning Department, so the issue that you brought up, you know, how do we make sure that it gets communicated between the folks that are issuing building permits through the Planning Department and now that we are all together as one department it certainly makes that easier to do you and we can reiterate some of those issues that come up from time to time. Second item is, on Monday night we expect Mayor Distler to appoint two new Planning Commissioners and if they are approved by the Governing Body, will be mailing you out their resumes on Tuesday so you can get to know them a little bit before their first meeting on August 17. And then finally, at the last Governing Body meeting they tabled their discussion on remodeling here in City Hall and some of the items that they were questioning and taking a look at dealt with some security measures, so if all of you or any of you are concerned about how some of those discussions may go, if you want to get a hold of a Council person to let them know you think the proposals that we all visited with about a couple of months ago are important, I think they would appreciate hearing that from you too rather than staff just relaying that information on.

CHAIRMAN BOGINA: Thank you. And does the Commission have any business for the staff? Commissioner Busby.

COMMISSIONER BUSBY: Thank you, Mr. Chairman. Yeah, one question, I happen to see that the Council Committee tomorrow evening is going into a discussion about food trucks, is that something that we eventually have to deal with as the, in a zoning appraisal or something?

PLANNING DIRECTOR CHAFFEE: Right now the, we’re just doing it for information item for the Governing Body, how we handle food trucks and of course we leave the end of it for questions or for any direction they would like to give to us. Our general inclination is, if there are any regulations specifically related to food trucks that they would go in chapter 5 which is business and business licensing section of the code where we have the other special businesses that we have special requirements for like some of the massage therapy or some of the car lots. So, that’s our inclination where it would go in the code; if the Governing Body wants to put it into the Zoning Regulations, obviously you all would be, have input and put it in, how we would put it in to the code. Those types of regulations are a little more difficult to write and try and drop in and because, if you look at them permitted in certain zoning districts the verbiage has to be in all of them and then you’re updating the table of general uses and then from time to time as changes may need to be made it’s just an extended process so our recommendation is just to be that it goes into the business section of the code, if they wanted to make any changes to what we’re doing today.

COMMISSIONER BUSBY: Thank you.

CHAIRMAN BOGINA: If there’s no other business, is there a motion to adjourn? Commissioner Schnefke.

COMMISSIONER SCHNEFKE: Yes, Mr. Chairman, I move for adjournment.

CHAIRMAN BOGINA: Thank you. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I second it.

CHAIRMAN BOGINA: There’s a motion and a second to adjourn all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thanks.


(Motion passes 5-0, Bienhoff, Braley, and Wise absent)