PDF Format:

ApprovedPlanningCommissionMeeting.12.07.15.pdfApprovedPlanningCommissionMeeting.12.07.15.pdf


CITY OF SHAWNEE

PLANNING COMMISSION MEETING

SHAWNEE JUSTICE CENTER

POLICE TRAINING ROOM

5850 RENNER RD

MINUTES

December 7, 2015

7:30 P.M.


PLANNING COMMISSIONERS PRESENTSTAFF PRESENT
Commissioner Augie BoginaPlanning Director Paul Chaffee
Commissioner Bruce BienhoffDeputy Planning Director Doug Allmon
Commissioner Dennis BusbyPlanner Mark Zielsdorf
Commissioner Doug HillAdministrative Assistant Angie Lind
Commissioner Kathy Peterson
Commissioner Les Smith
Commissioner Alan Willoughby
Commissioner Steven Wise
PLANNING COMMISSIONER(S) ABSENT
Commissioner Randy Braley
Commissioner Sara Somsky
Commissioner Henry Specht
CHAIRMAN BOGINA: Good evening and welcome to the December 7, 2015 meeting of the Shawnee Planning Commission. We’ll start with roll call.

A. ROLL CALL

CHAIRMAN BOGINA: Commissioner Somsky is absent.

CHAIRMAN BOGINA: Commissioner Peterson.

COMMISSIONER PETERSON: Here.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Here.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Here.

CHAIRMAN BOGINA: Commissioner Busby.

COMMISSIONER BUSBY: Here.

CHAIRMAN BOGINA: Commissioner Bogina is here.

CHAIRMAN BOGINA: Commissioner Wise.

COMMISSIONER WISE: Here.

CHAIRMAN BOGINA: Commissioner Braley is absent.

CHAIRMAN BOGINA: Commissioner Specht is absent.

CHAIRMAN BOGINA: Commissioner Smith.

COMMISSIONER SMITH: Here.

CHAIRMAN BOGINA: Commissioner Hill.

COMMISSIONER HILL: Present.

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

B. PLEDGE OF ALLEGIANCE

CHAIRMAN BOGINA: Thank you. Item 1 of the Consent Agenda is the minutes of the November 16, 2015 meeting. Unless there is a request to remove the item from the Consent Agenda, the item will be approved in one motion. Is there a request to remove this item from the Consent Agenda?

C. CONSENT ITEMS:

CHAIRMAN BOGINA: Is there a motion to approve the Consent Agenda? Commissioner Wise.

COMMISSIONER WISE: Thank you, Mr. Chairman; I move for approval of the Consent Agenda subject to staff recommendations.

CHAIRMAN BOGINA: Thank you. Commissioner Busby.

COMMISSIONER BUSBY: I’ll second that motion.

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

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes.


(Motion passes 8-0; Braley, Somsky, and Specht absent)

CHAIRMAN BOGINA: Item D which is:

D. NEW BUSINESS


PLANNER ZIELSDORF: The applicant requests approval of rezoning from TSQ (TownSquare) to R-1 (Single Family Residential) for property located at 10910 W. 60TH Street. The application is filed by Mark Mollentine, owner.

The subject property is located at 10910 W. 60th Street, which is located just east of Nieman Road on the north side of 60th Street. The property is zoned TSQ (Townsquare) and consists of nine platted lots in the original City of Shawnee plat of 1878. The site currently contains a single family residence, a detached accessory structure, and a large paved parking area. This is the site of the former Governor’s Meeting House restaurant. A few years ago, the owner closed the restaurant and catering business operated at this location and now it is being used only as his residence. The TSQ zoning district allows for residential use in conjunction with commercial uses, but does not allow for single family uses independently. The owner’s residence and restaurant and catering business was an allowed use, however now that the restaurant and catering operation has closed, the use as just a residence is considered non-conforming. The applicant requests rezoning approval from TSQ to R-1 (Single Family Residential) to bring the currently non-conforming status of his residence into conformance with the zoning code.

Properties to the north are zoned TSQ and R-1. The property to the northwest is zoned TSQ and developed with a six unit apartment building. Directly north and to the northeast are two properties zoned R-1 and developed with single family homes. To the east is a non-conforming single family home on property zoned TSQ. The applicant’s property fronts 60th Street to the south, with properties south of 60th Street being zoned TSQ. These properties contain a non-conforming single family home, a vacant lot and a small 2 story office building. Property directly to the west is zoned TSQ and contains a non-conforming single family home.

The Land Use Guide of the Comprehensive Plan indicates this area as appropriate for low density residential uses. Given this parcel is currently developed with an existing single family residence, and several of the surrounding properties are developed with similar single family uses, it would not be out of character for the immediate area to allow for a single family residence at this location.

The existing parcel contains 29,383 square feet and is approximately 232 feet by 126 feet. It is platted as Lots 13 thru 21 of Block 46 and the vacated east half of Fourth Street and the south half of the vacated alley behind Lots 13 thru 21, of the original City of Shawnee. Based on a review of Johnson County AIMS imagery, the existing structure appears to be set back from the front and rear property lines approximately 30 feet, and over 60 feet from the closest point to either side property line. All bulk requirements of the R-1 zoning district appear to be met. Any new additions or alterations to the existing structure would be required to meet the minimum setback requirements of the R-1 zoning district, including a minimum 30 foot front set back, combined side yards of no less than 20 percent of the lot frontage width, with no side yard less than seven feet, and a minimum rear yard of 30 feet.

Access to the property is provided from an existing driveway off of 60th Street, and is expected to remain unchanged from its current location. Access is adequate for public safety purposes.

The rezoning of the property should not have a detrimental effect upon the site. The property is developed with a single family home that has been the applicant’s residence, as well as, the location for his restaurant and catering business. The rezoning will allow the applicant to continue to use the property as his residence without the restaurant and catering business in operation.

Denial of the rezoning request would not appear to benefit the public. The slight expansion of the R-1 zoning district in this area should not have a negative impact on the area as it is currently developed with several single family residential homes.

Staff recommends approval of Z-04-15-12, rezoning from TSQ (TownSquare) to R-1 (Single Family Residential) for property located at 10910 W. 60th Street, subject to the following condition:

1. Publication of the rezoning ordinance.

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

APPLICANT: My name is Mark Mollentine, I’m the owner of 10910 W. 60th Street.

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

MR. MOLLENTINE: Oh, absolutely.

CHAIRMAN BOGINA: Does the Commission have any questions for the staff or the applicant? Commissioner Busby.

COMMISSIONER BUSBY: Thank you. I have a question for the applicant. Is that structure on the register of historic homes? Do I remember that it is?

MR. MOLLENTINE: No. It is not in the reason that it is not is because it was, it used to face Nieman Road and in the 60s it had been turned if you will; the window became a door; the door became a window and it now faces another direction; a porch was added to it; and so to try to even get it on the national register, it just wouldn’t even be, it would be applicable. Only if I had and Ann Renée Kelly’s money…

COMMISSIONER BUSBY: Thank you.

CHAIRMAN BOGINA: Commissioner Smith.

COMMISSIONER SMITH: Thank you. Mark, (inaudible) and first of all agree 100% of the rezoning no questions asked, but a couple of questions. Being in character of the neighborhood I noticed two things; that one being a large kitchen exhaust on the top of the building; and then the large parking lot in the side yard. That seems to be someone out of character, and has that been addressed at all?

PLANNER ZIELSDORF: That, those have not been addressed, per se, the, I mean, the principal use of the residence in terms of the structure is going to be a single-family residence obviously; in the single-family residential code there is no, even though it is a parking lot, there’s no provisions that address how much of your yard you can have paved for parking; is it a little excessive for a family residence, you have probably but the code doesn’t have anything specific as to how much of the yard can be paved.

COMMISSIONER SMITH: And that was my question. Sure, that’s not what you find in a normal subdivision of homes (inaudible).

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: For staff, so the other properties that are south and east and west of this address, those are both nonconforming, right because they’re in town square, but they’re single-family. So do those people have to request or, you know, how does it…?

PLANNER ZIELSDORF: They would need to request, those properties that are in nonconformance…

COMMISSIONER WILLOUGHBY: Okay.

PLANNER ZIELSDORF: They’re considered legal nonconforming currently.

COMMISSIONER WILLOUGHBY: Okay.

PLANNER ZIELSDORF: So, yes. For them to bring them to conformance they would have to request rezoning.

COMMISSIONER WILLOUGHBY: Okay, thank you.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, question for staff. What is the, I guess, the value of rezoning, what would be the process of perhaps in the future someone might purchase the property and want to turn it back into a restaurant? It’s in the town square area surrounded by town square, is there a need to rezone?

PLANNER ZIELSDORF: For it to be conforming, legal conforming use, it would need to be rezoned residential; and for it to continue to be zoned town square (inaudible) which can cause a property owner some issues if they’re looking to possibly refinance the property/sell the property, those kind of things. If he were to rezone it to R-1 and somebody came in later and looked to rezone it back to town square, they could.

COMMISSIONER BIENHOFF: All right.

CHAIRMAN BOGINA: Thank you. This is a public hearing, so does anyone wish to speak on this item? If not, we would be in Commission Discussion. Commissioner Peterson.

COMMISSIONER PETERSON: I know it’s difficult to get things on the historic register and all that because of the changes that were made but is there any plan going forward to help preserve this building moving forward by doing this, by backing it off to completely residential or can we attach something says is there efforts that will keep this historic location as it is? Does that make sense?

CHAIRMAN BOGINA: Are you asking the Commission?

COMMISSIONER PETERSON: Yes. What would our abilities be to hold on to that or by releasing this into totally residential will we be…whatever happens, happens? And, no offense, if you choose to bulldoze it tomorrow, that history would be gone.

CHAIRMAN BOGINA: Mark, I know we’re in Commission discussion, but could you address that question? (Inaudible) Paul? (Inaudible)

PLANNING DIRECTOR CHAFFEE: It really doesn’t make a difference if they go commercial or residential since it’s not designated and doesn’t meet the current requirements that are set to be designated as a national historic site (inaudible) changes, only if they were on the register would it be limited as what could be done, but it’s sort of lost its architectural significance already and I know it’s an issue we pursued years ago and I think we found out that you just hope that the property owner maintains the integrity (inaudible).

COMMISSIONER PETERSON: Thank you.

CHAIRMAN BOGINA: Did you get what you needed?

COMMISSIONER PETERSON: Yes.

CHAIRMAN BOGINA: Is there a motion on this item?

COMMISSIONER BIENHOFF: Mr. Chairman?

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: I’ll make a motion to, for approval of rezoning for Z-04-15-12; rezoning of TSQ to R-1 at 10910 W. 60th Street, subject to staff conditions.

CHAIRMAN BOGINA: Thank you. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I’ll second it.

CHAIRMAN BOGINA: There’s a motion and second to approve Z-04-15-12; rezoning of TSQ to R-1 for property located at 10910 W. 60th Street, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed?

CHAIRMAN BOGINA: Motion passes.


(Motion passes 8-0; Braley, Somsky, and Specht absent)

CHAIRMAN BOGINA: Thank you.

MR. MOLLENTINE: And I’d like to say that since my family has, my wife’s family has been here since, they’re the McAnany’s, since it started, we’ll be stewards of the property for the rest of our lives; after that I’ll leave it in someone else’s hands. So, thank you so much.

CHAIRMAN BOGINA: Thank you.

COMMISSIONER PETERSON: Good.

CHAIRMAN BOGINA: Item number 2 is:


DEPUTY PLANNING DIRECTOR ALLMON: The applicant requests site plan approval for a new 73,722 square foot elementary school to be located at 6720 Caenen Avenue. ACI Boland Architects files the application for Shawnee Mission USD 512, property owner.

The applicant requests site plan approval to construct a 73,722 square foot elementary school on approximately 10.67 acres. The property is located on the southwest corner of 67th Street and Caenen Avenue. The new school will replace the school building that is currently located on the property.

The property is zoned PD (Planned Development). Property to the west is also zoned PD and contains Shawnee Mission Northwest High School. Properties to the east (across Caenen Avenue) and south are zoned R-1 (Single Family Residential), and contain single-family homes in the Caenen School Addition subdivision. Property to the north (across 67th Street) is zoned R-1 and contains homes in the Goode Estates subdivision.

The Land Use Guide of the Comprehensive Plan designates this area as appropriate for Public/Quasi-public uses to indicate the current use of the property as an elementary school. Schools were originally allowed in the PD zoning district. Thus, the request is in compliance with the plan.

All bulk requirements have been satisfied. The existing school was built in 1974. The proposed building provides a setback of 90 feet from the east property line, 110 feet from the west property line, 75 feet from the south property and 500 feet from the north property line. Parking is located at least 25 feet away from adjacent right-of-way lines. These setback distances exceed any comparable setback required by current zoning district standards.

The building will be two-story in height, with a floor plate of 49,330 square feet on the first floor. The structure will contain a total of 32 classrooms, including early childhood rooms, kindergarten rooms, an art room and two music rooms. The school is proposed to be constructed behind (to the south of) the existing Benninghoven Elementary building. The district intends to use the existing school until the new facility is ready for occupancy. Once this occurs, the existing school will be demolished.

Access to the school currently comes from Caenen Avenue, and access to the new school will remain from this general location. The location of the new northernmost approach increases its present distance from the 67th Street intersection. A second approach will be constructed that aligns with 68th Street to the east. This intersection will allow straight, left, and right turning movements. A third, southern approach will be constructed to access staff parking and the fire lane located at the rear of the building. This approach and drive will also be utilized by service and delivery vehicles that need access to the northwest corner of the building.

Primary access to the building is provided from a traffic circle that extends westward from the Caenen Avenue driveway approach to provide a one-way (north to south) passenger drop-off area at the front entrance. The entry drive has been designed with additional width to allow double-stacking and short-term parking for student pick-up and drop-off, as well as an inner third “thru” lane for moving vehicles. The amount of parent stacking exceeds that provided by the school’s current parent drop-off system. A sidewalk and crosswalk has been provided adjacent to the building and circular drive for pedestrian access.

The relocation of the north driveway represents a circulation improvement as it has increased the storage capacity for southbound Caenen Avenue. The new design has also improved the traffic storage between the loop roads along southbound Caenen. The proposed sidewalk locations and the new pedestrian crosswalk location at 68th Street are also expected to improve pedestrian circulation and safety.

Future monitoring of northbound vehicles along Caenen that want to turn left into the main loop road will be undertaken after construction. Idling vehicles could create backups for northbound Caenen, this activity may need to be discouraged in the future or time restricted as has been done at several other area schools. A left turn out of the loop road restriction would minimize northbound congestion, but cause unanticipated additional traffic along 68th Street and southbound Caenen during the restricted times.

Submitted plans show the provision of 110 parking stalls, including five (5) handicap accessible spaces to satisfy ADA requirements. Chapter 17.70.030 of the zoning ordinance requires two (2) parking spaces per classroom for primary and junior high schools. With 32 classrooms, 64 on-site parking spaces are required. (Schools are specifically exempted by the Code from maximum parking requirements).

The parking plan depicts parking stall dimensions that meet the minimum design standards required by the zoning ordinance. All drive aisles are dimensioned at a width of 24 feet or greater (back of curb to back of curb), which meets the minimum driveway width required for two-way traffic.

The street improvements required for this development shall be designed according to the standards in the Shawnee Design and Construction Manual. The following items were noted as part of this project:

There are three proposed drive approaches as part of this site plan located on Caenen Avenue. The conceptual design for the proposed driveway approaches appears to be in substantial compliance with City standards and Standard Detail 3205-3 although the following design issues and any additional issues discovered during the review of the site civil plans must be resolved prior to the issuance of a public improvement permit or a building permit.

The total width of all approaches will not exceed 20 percent of the street frontage.

Curb returns will have a minimum radius of 15 feet and a maximum radius of 25 feet.

No portion of an approach will extend across the prolongation of a side lot line.

Stormwater collected on a public street is not allowed to drain onto adjoining properties. An approach will have a slope of ¼-inch to ½-inch per foot toward the street. Beyond the right-of-way, the centerline gradient of the driveway should not exceed a slope of plus 12 percent or minus 8 percent.

The existing drive approaches on Caenen Avenue will be required to be removed and the ROW restored as necessary.

The building will measure roughly 400 feet in length from north to south. The front (east) elevation of the proposed building is slightly curved with a bend at the building entry. This curvature aids in breaking up the mass of the front façade and provides architectural interest to the building. A glass wall that is constructed with dark bronze aluminum framing is located above the main entry on the front elevation. The building will have predominantly flat roof surfaces of varying heights to break up the single roofline. The exception to this is a sloped shed roof that provides over-story windows on the west elevation of the structure. Rectangular window openings have been provided on all other elevations to allow light into classroom areas found on the first and second floor. These windows will have bronze anodized frames to match those found on the main entry.

Exterior building materials on all facades include a combination of brownish-gray brick (“Oyster Grey”) in the center and upper story of the structure, with a reddish horizontal tile blend (“Terra Cotta: Sienna, Red, Salmon blend”) making up a portion of the first floor. This same red tile blend has been shown to enclose the full height of stairwells found at the corners of the building, and to separate rectangular window banks found on the first and second floor. The multi-purpose room will be constructed of beige precast concrete panels with a textured exterior. Vertical rustication joints have been shown at 6-inch intervals to provide additional relief to the façade. This same material has been used as a wainscot on the building’s base to provide continuity between the multi-purpose room and the remainder of the structure.

The roof will be flat and the majority of it will be equipped with internal roof drains. The taller multi-purpose room will have two overflow scuppers and downspouts that are shown to be colored beige to match the building. The majority of the mandoors are glass, but other metal mandoors, louvers, and the single overhead delivery door are shown to be colored to match the adjacent brick wall.

Street tree requirements for the site have been met. Based on the amount of frontage along 67th Street, 12 street trees are required. Twelve (12) Sawleaf Zelkova trees have been provided adjacent to the right-of-way line. The applicant has also provided a total of 24 Red Pointe Maple trees adjacent to the Caenen Avenue right-of-way line to satisfy street tree requirements for this frontage.

Based on usable open space, 108 open space trees are also required. The applicant has provided a total of 108 open space trees within the parking lot and around the site to satisfy the requirement. Open space tree plantings include summer shade maple, Pacific sunset maple, honey locust, Hillspire junipers, Canaertii junipers and white oaks. A portion these open space trees have been concentrated along the south property line to buffer the back yards of residential homes to the south.

Site landscaping will be further enhanced with shrub plantings clustered around the front entrance of the building, and adjacent to parking areas. Species include varieties of decorative feather grass, spreading junipers, sumac and ninebark. Trees and shrub sizes meet minimum requirements of the zoning code.

Existing chain link fencing that is currently located on the north, east and west perimeters of the site will remain in place after construction. Improved playgrounds will be located at the southwest and northwest corners of the building. The plan includes a large open space to the north of the building that will be used for open play fields. This area will be seeded with a sports turf blend. All disturbed areas, other than the noted north play field, shall be planted with sod in accordance with SMC 17.57.

Air-handling units are proposed to be located on the roof at various locations and will be screened by the roof parapet. If noise or visibility of these units becomes an issue after the units are installed, the applicant shall be required to take corrective measures to mitigate the problem.

The existing monument sign will be removed in conjunction with the project. A new monument sign, constructed with a brown stone base, will be installed to the north of the new northern entry drive that connects to Caenen Avenue. Height of the monument sign, including the base, shall not exceed 7 feet and each sign face shall not exceed 50 square feet. The sign will have manual changeable copy as allowed by code. All signage shall meet all requirements of the Shawnee Municipal Code, and a sign permit shall be obtained prior to installation.

Parking lot light poles will measure 23-feet in height (including the base) which meets City requirements. A cut-sheet of the fixture head has been provided that indicates a flat lens with cutoff shields so the bulb will not extend below the shoebox fixture. Shoeboxes within the south fire lane are noted to have full cutoff shields to further buffer the adjacent residential homes.

The trash enclosure is located at the northwest corner of the building, adjacent to the service area. The enclosure will be constructed of precast rusticated concrete to match the building, and will have a wooden gate painted to match the building.

The storm drainage improvements required for this development shall be designed in accordance with Shawnee Design and Construction Manual.

The enclosed and open components of the drainage system shall be designed to convey the stormwater runoff from a 4 percent (25-year return period) design storm. The overflow components designed to convey the runoff from a 1 percent (100-year return period) design storm.

The applicant has submitted a preliminary storm drainage study showing a conceptual grading plan, a drainage system, a drainage area map, and a drainage table summarizing the hydrologic and hydraulic analysis for the site. The study is substantially complete and adequate for the purposes of reviewing the site plan. The following design issues were noted:

A complete hydrologic and hydraulic drainage table will need to be prepared according to the standards of the Shawnee Design and Construction Manual for the site civil plans.

A plan and profile of the proposed public and private storm sewers must be included as part of the final storm drainage plans prepared for the site civil plans.

The existing public system that extends from the southwest corner of the site south to the cul-de-sac located on 68th terrace is undersized. The applicant will be required to reconstruct this section of this system to increase the capacity to handle the 25-year run-off from both Benninghoven and the adjacent high school. Run-off that exceeds the 25-year storm will be routed via overland flow from the southwest corner of the site to the inlets located at the low-point of 69th Street. The applicant is responsible for completing additional survey work as part of the final construction plans to verify the low openings of the existing homes. The 100-year overflow swale shall be designed so that the existing low openings of the homes are above the minimum low opening for the swale.

The applicant is responsible for submitting final storm drainage plans as an integral part of the site civil plans. The design issues discussed above and any additional issues discovered during the review of the site civil plans must be resolved prior to the issuance of a public improvement permit or a building permit.

This development is subject to the provisions of SMC, Chapter 11.08, Stormwater Management, which pertains to the City’s stormwater utility regulations.

The applicant is responsible for preparing an impervious area plan in accordance with Shawnee Design and Construction Manual, Division 2600, Storm Drainage, using coordinates based in the Kansas North State Plane Coordinate System of 1983, North Zone (NAD-83). The plan must accurately depict the limits of all parcels that comprise the development site and indicate the applicable Johnson County parcel identification numbers. Use crosshatching for existing impervious areas and halftone shading for proposed impervious areas. All existing and proposed impervious areas must be summarized in a table by parcel number including the proposed total impervious area per each parcel.

The applicant is responsible for submitting the impervious area plan as an integral part of the site civil plans for review and acceptance by the Development Engineer. Once the plan is accepted, the applicant is responsible for submitting a separate printed copy and an electronic copy in AutoCAD© format prior to the issuance of a building permit.

This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures.

The applicant (landowner) is responsible for obtaining a land disturbance permit as required by Codes Administration prior to undertaking any land disturbance or construction activities on the development site.

Prior to the issuance of a land disturbance permit for development sites greater than one acre, the applicant is responsible for submitting separate land disturbance plans for review and acceptance by Code Administration. The site grading and erosion control measures depicted on those plans must be prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and all other applicable policies statements and administrative rules.

The applicant is responsible for submitting a site-specific Stormwater Pollution Prevention Plan prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and in compliance with the Kansas Department of Health and Environment (KDHE) General Permit for the U.S. Environmental Protection Agency’s National Pollutant Discharge Elimination System Permit (NPDES) program for stormwater runoff from construction activities.

For development sites greater than one acre, the applicant is responsible for submitting a Notice of Intent (NOI) for Storm Water Runoff from Construction Activities and obtaining such permits as required by KDHE prior to undertaking any land disturbance or construction activities on the development site. The applicant must submit to the City a copy of the NOI prior to the issuance by the City of a Land Disturbance Permit for the development site.

The applicant is responsible for obtaining such permits as may be required by the U.S. Army Corps of Engineers (USACE) for grading activities covered by Section 401 (Water Quality Certification), Section 402 (Wetlands), and Section 404 (Waters of the United States) of the Clean Water Act.

This development is subject to the provisions of SMC, Chapter 11.24, Stormwater Detention, which pertains to the construction and maintenance of on-site stormwater detention facilities.

This site has a high point which creates stormwater runoff to flow both to the north and south side of the site. The runoff flowing to the north will not be required to be detained since the flow will be decreased.

The runoff flowing to the south portion of the site is being increased therefore detention will be required. The applicant is proposing an extended dry detention basin at the southwest corner of the site to meet the detention requirements.

The applicant has submitted a preliminary stormwater detention study showing a conceptual layout of the underground facility, a drainage area map, and estimated storage volumes and allowable release rates. The preliminary study is substantially complete and adequate for reviewing the site plan although the any design issues discovered during the review of the final stormwater detention plan must be resolved prior to the approval of site development plans submitted for a building permit.

This stormwater detention facility is required to be as-built and certified by the Engineer prior to a CO for the building. The as-built shall be prepared in accordance with the Shawnee Design and Construction Manual.

This development is not subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities. The impervious area for this site is being decreased; therefore, Stormwater Treatment Facilities are not required.

All water lines, fire hydrant, fire lanes and fire suppression equipment shall be installed as required by the Fire Department.

The applicant is responsible for scheduling a pre-design meeting with the Development Engineer prior to preparing the site civil plans, which must show all proposed site improvements. The final site civil plans for this development must be submitted for review and acceptance by the City prior to issuance a public improvement permit or building permit.

All site improvements for this development shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. No certificate of occupancy for the building shall be issued prior to the completion, inspection, and acceptance of all required site improvements and the certification of the stormwater detention facility. A Public Improvement Permit is required for grading and restoration of the ROW, commercial drive entrances, and the construction of the new public storm sewer system.

All utilities shall be placed underground.

Staff recommends approval of SP-33-15-12, site plan for the new Benninghoven Elementary School, located at 6720 Caenen Avenue, subject to the following conditions:

1. The building and site improvements shall be constructed as depicted on submitted site plans and building elevations. All mandoors and the overhead delivery door shall be painted to match the adjacent wall color;

2. All rooftop units shall be screened from view, and the trash enclosure shall be constructed of precast concrete to match the building. In the event noise or visibility from these units becomes an issue after installation, the owner shall take appropriate corrective measures to mitigate the issue;

3. The commercial driveway approaches required for this development will be designed according to the standards in the Shawnee Design and Construction Manual, as outlined in the staff report;

4. The parking lot, including installation of ADA stalls and signage, shall be constructed prior to issuance of a certificate of occupancy;

5. Parking lot lighting shall be 23 feet in height (including the base) and the light bulb shall not extend below the fixture head. Shoeboxes along the south property line shall be equipped with back shields on the street side;

6. The street improvements, including any retaining walls, required for this development shall be designed according to the standards in the Shawnee Design and Construction Manual as detailed in the staff report;

7. The existing drive approaches on Caenen Avenue will be required to be removed and the ROW restored as necessary;

8. Open space fees are not applicable to this redevelopment project;

9. The City’s excise tax is not applicable to this redevelopment project;

10. The stormwater drainage system required for this development will be designed according to the standards Shawnee Design and Construction Manual as outlined in the staff report;

11. This development is subject to the provisions of SMC, Chapter 11.24, Stormwater Detention, which pertains to the construction and maintenance of on-site stormwater detention facilities. Detention shall be provided as detailed in the staff report;

12. This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures. The applicant (landowner) is responsible for obtaining a land disturbance permit as required by Codes Administration prior to undertaking any land disturbance or construction activities on the development site as detailed in the staff report;

13. This development is not subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities. The impervious area for this site is being decreased; therefore, Stormwater Treatment Facilities are not required;

14. Signage shall meet all requirements of the Shawnee Municipal Code, and a sign permit shall be obtained prior to installation;

15. All landscaping as depicted on the submitted plan shall be planted prior to issuance of an occupancy permit. All disturbed yard areas, with the exception of the north play field, shall be planted with sod;

16. This development is subject to the provisions of SMC, Chapter 11.08, Stormwater Management, which pertains to the City’s stormwater utility regulations. The applicant is responsible for preparing an impervious area plan in accordance with Shawnee Design and Construction Manual, Division 2600, Storm Drainage, as detailed in the staff report;

17. The applicant is responsible for scheduling a pre-design meeting with the Development Engineer prior to preparing the site civil plans, which must show all proposed site improvements. The final site civil plans for this development must be submitted for review and acceptance by the City prior to issuance a public improvement permit or building permit;

18. All site improvements for this development shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. No certificate of occupancy for the building shall be issued prior to the completion, inspection, and acceptance of all required site improvements and the certification of the stormwater detention facility. A Public Improvement Permit is required for grading and restoration of the ROW, commercial drive entrances, and the construction of the new public storm sewer system;

19. All water lines, fire hydrant, fire lanes and fire suppression equipment shall be installed as required by the Fire Department; and

20. All utilities shall be placed underground.

That completes our report.

CHAIRMAN BOGINA: Thank you. Is the applicant present?

APPLICANT: Good evening. I’m Mike Brown with Boland Architects.

CHAIRMAN BOGINA: Have read the staff report?

MR. BROWN: Yes.

CHAIRMAN BOGINA: And, are you in agreement with staff’s recommendations?

MR. BROWN: Yes.

CHAIRMAN BOGINA: Thank you. Any questions for the applicant or staff? Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, I was curious, what is the student capacity of the new building; the proposed building first the existing?

MR. BROWN: It’s a three section school (inaudible) per class and so what we’re trying to do is around the 550 to 600 mark so it’s a little bit less.

COMMISSIONER BIENHOFF: And, do you know what the student population of the existing school is? Any concerns with overcrowding?

MR. BROWN: I don’t know that number off the top of my head; however, we sort of work with the school district pretty closely, obviously, and so those decisions were made on their end and we designed the building to accommodate their needs for their numbers.

COMMISSIONER BIENHOFF: I guess my only concern is if not planned out properly I’d sure hate to build a new building and then put temporary classrooms right next to it because it doesn’t have the capacity that it needs.

MR. BROWN: We have a number of what we consider flex classrooms in small classrooms which are essentially additional classrooms throughout the space when they are needed; we have four flex and two small classrooms in addition to the three designated rooms for each grade level.

COMMISSIONER BIENHOFF: Thank you.

CHAIRMAN BOGINA: Commissioner Hill.

COMMISSIONER HILL: So, to get back to the, this question, so are, is there expansion plans that are included when you guys do a site like this in the event that you would need more space in the future or something like that?

MR. BROWN: We don’t, we always think about that as were designing and there is room for growth on this site; I will tell you that there’s not a lot given where the building is located, nestled back southwest corner but, you know, that is something we always have to kinda plan for. We don’t have actual drawings or plans of what that might be but it is possible. If the school district comes back and says, you know, we need to (inaudible) and that something we do with really any project this nature.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Question pertaining to the new ball fields. The existing ball fields are used quite extensively now and, you know, is there a good time frame, you know, when the building will be demolished and when the fields will be ready to use again?

MR. BROWN: The idea is to, the current school, the current elementary school will have classes all of 2016, after that construction…construction is going to be ongoing from March 2016 to May 2017 basically. While that is all taking place, they will be in class at Benninghoven and the construction will start really at the southernmost, southwestern point to kind of keep it away from the existing school for safety reasons, obviously; so, as far as when the ball fields will be usable, we don’t have an exact date on it; as you can imagine it’s going to little, not tricky, but the whole phasing of this is going to get a little bit difficult; so, I anticipate it a 13 or 14 month construction timeframe from beginning to end; after the 2016 school year, the current Benninghoven School will be demolished and so that’s can happen really late in the game and as that happens, you know, they’ll be moving stuff out into the new building; so, I know I didn’t really answer your question but I’m trying; I don’t have an exact date or real time frame for a usable ball field; I will say it’s just gonna be green space and all we are providing really within the plans is a backstop, so were not put in ball fields, but it’s going to be a green field. Hopefully that kind of…

CHAIRMAN BOGINA: Commissioner Busby.

COMMISSIONER BUSBY: Thank you. This might be more for staff but there to put in parking lot lighting at 23 feet and somehow that, I presume is within the confines of the restraints we have? And Doug, since it’s in a residential area does that concern you or are the parking lot lights turned off basically in the evening?

DEPUTY PLANNING DIRECTOR ALLMON: My understanding is, to answer your first question, yes they are within the parameters of our code, there actually a foot shorter than the maximum that we would allow and especially in this case that southern side they are showing not only flat lens, 90° angle, they’re showing full cutoff fixtures as well even further eliminating glare source from that fire lane that’s on the south side of the building; it’s not that uncommon to have lighted parking lots adjacent to residential but I do believe the District has them on a timer, unless there’s a special event or something like that at night; they generally go off fairly early in the evening.

COMMISSIONER BUSBY: Thank you and another question.

CHAIRMAN BOGINA: Commissioner Busby.

COMMISSIONER BUSBY: I have one comment and that is I’ve been on the Planning Commission for a while now, but I’m not that old and I haven’t been on long; this happens to be the fourth elementary school in Shawnee on the Shawnee Mission school district that has been redone in the last five or six years and one junior high was basically an addition to it and it’s really kind of amazing because we thought our schools were getting a little older but it’s incredible that the school district has really stepped up and put a lot of money into Shawnee and I thank them for that.

CHAIRMAN BOGINA: So, I just had a quick question, the plan did show any fencing around the perimeter so is there any plan?

MR. BROWN: There is plans, yes.

CHAIRMAN BOGINA: Okay, could you tell us what that is?

MR. BROWN: Yes, so…

CHAIRMAN BOGINA: Number one, why wasn’t it shown on the plan?

MR. BROWN: Well, we were still kinda working out what kind of fences going to be existing to remain versus what’s going to be new. I will say on the south side just beyond the property line where we have the residential there is an existing fence that we are going to leave. Along Caenen the idea is to have new fencing is currently it’s a 4-5 foot more or less chain-link fence that were going to improve. So, though be all new fencing there and were in a tie into the existing fencing on the south. So yes, to answer your question there is going to be new fencing.

CHAIRMAN BOGINA: Okay, and what type of fencing which you propose?

MR. BROWN: I think it’s more or less a 6 foot black sort of cast iron type, nice, durable fence. A much of her situation.

CHAIRMAN BOGINA: Yes, because I’m not a fan of the Shawnee Mission school district putting in fence, chain-link fence in front of their schools so if you are proposing it to be an iron type then I would be agreeable to that.

MR. BROWN: And those would be discussions that we’ve been having lately about the fencing is to not just put up, like you said, chain-link fence.

CHAIRMAN BOGINA: Thank you. Does the Commission have any others questions for the staff or the applicant? Thank you.

MR. BROWN: Thank you.

CHAIRMAN BOGINA: We’d be in Commission discussion. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, I just want to also commend the school district for reinvesting in that area. I know the community has been a very big supporter in the bonds that have been approved over the years and it’s nice to see that school upgraded. I know it’s been many years of overcrowding there.

CHAIRMAN BOGINA: Commissioner Busby.

COMMISSIONER BUSBY: Yes, Mr. Chairman given to your point about the fencing, I think we should include that in the motion so that we don’t get confused on it or there isn’t any hay will try and do it; we make that a part of the motion that we don’t have to worry about it.

CHAIRMAN BOGINA: Is there any other discussion? Would you like to make that motion Mr. Busby?

COMMISSIONER BUSBY: Well, sure.

COMMISSIONER WILLOUGHBY: Wait a minute I have…

CHAIRMAN BOGINA: I’m sorry. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: On page 30 it says, existing chain-link fence that is currently located on the north, east, and west perimeters of the site will remain in place after construction.

CHAIRMAN BOGINA: The north, the south, and the west.

COMMISSIONER WILLOUGHBY: The north, east, and west.

COMMISSIONER BIENHOFF: 67th and Caenen and northwest.

COMMISSIONER WILLOUGHBY: Northwest.

CHAIRMAN BOGINA: And he’s volunteered to change that so…

COMMISSIONER WILLOUGHBY: But that’s fine, I just remembered reading that.

CHAIRMAN BOGINA: And as I said, I think you can use chain-link to provide good security on the backside and the sides of the building but to place it in front of the building that you’ve spent millions of dollars on, I think deteriorates the aesthetics of the building, in my personal opinion. Commissioner Busby, would you like to make a motion?

COMMISSIONER BUSBY: Yes, I would. I move for approval of SP-33-15-12; site plan for Benninghoven elementary school, 6720 Caenen Ave., per ACI Boland Architects for Shawnee Mission USD 512, owner. Move for approval with the addition that the front fence would be a wrought iron or an iron type since that is quite attractive.

COMMISSIONER WILLOUGHBY: And (inaudible).

COMMISSIONER BUSBY: I’m sorry?

COMMISSIONER WILLOUGHBY: And north.

COMMISSIONER BUSBY: And north.

COMMISSIONER WILLOUGHBY: Along…

COMMISSIONER BUSBY: And north along the…

COMMISSIONER WILLOUGHBY: 67th Street…

COMMISSIONER BUSBY: 67th Street and Caenen, that’ll be Caenen and 67th St., thank you.

CHAIRMAN BOGINA: So, you want to incorporate the 20 stipulations into your motion?

COMMISSIONER BUSBY: Yes, thank you.

CHAIRMAN BOGINA: Is there a second? Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I second the motion.

CHAIRMAN BOGINA: There’s a motion and second to approve SP-33-15-12; site plan for Benninghoven elementary school, to construct a 73,722 sq. ft. school located at 6720 Caenen Ave., subject to the staff’s conditions and Commissioner Busby’s addition, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed?

COMMISSIONER PETERSON: Abstain.

CHAIRMAN BOGINA: Abstain?

COMMISSIONER PETERSON: Aye.

CHAIRMAN BOGINA: Thank you.


(Motion passes 7-1-0; Peterson abstain; Braley, Somsky, and Specht absent)

CHAIRMAN BOGINA: Item number three is:


CHAIRMAN BOGINA: Mark.

PLANNER ZIELSDORF: The applicant requests approval of a revised preliminary plat for a portion of Hills of Forest Creek subdivision, a planned single family residential subdivision, located in the 6100 Block of Lakecrest Drive. The application is filed by Phelps Engineering for Manchester Partners, LLC, developer.

The applicant has submitted a revised preliminary plat for a portion of the Hills of Forest Creek subdivision. The original preliminary plat was approved in February 2002 containing 205 lots on 99.5 acres. A revised preliminary plat containing 200 lots on 99.5 acres was approved shortly thereafter in October 2002, based on the findings of a more detailed storm drainage study prepared for the development and more update floodplain boundary information available at that time from the ongoing Mill Creek Watershed Study. Development of this subdivision had been slow since its approval. The remaining undeveloped portions of the subdivision were recently acquired by a new developer who is steadily building out the remaining portions of the subdivision in accordance with the approved October 2002 preliminary plat.

However, after further study of the remaining undeveloped area predominantly south of 61st Street, the developer has determined that the revised preliminary plat of 2002 is no longer feasible to construct as approved based on the updated Flood Insurance Study (FIS), including the Flood Insurance Rate Maps (FIRM), effective on August 3, 2009, and the City's current floodplain management regulations governing development of land within and adjacent to flood prone areas. Accordingly, the developer is proposing a new revised preliminary plat for this remaining 18.26 acres of land lying south of 61st Street. This plat proposes the termination of both 62nd Street and Lakecrest Drive in permanent cul-de-sacs to eliminate the need to construct a street crossing over the Clear Creek Tributary and its associated floodplain. This results in a reduction lots from 24 to 7 on roughly 5.24 acres, with the remaining 13.02 acres of land platted as private open space. The revised preliminary plat contains 7 lots and one tract on 18.26 acres.

The Land Use Guide of the Comprehensive Plan anticipates low density residential development for this area. The plat provides a density of 0.38 dwelling units per acre, which equates to a density of 1.84 dwelling units per acre for the overall subdivision. This is within the low density residential range, defined as one to five dwelling units per acre. The lots provided in this revised preliminary plat exceed the minimum size requirements of the PSF district. The revised preliminary plat is in general conformance with the Plan.

All bulk requirements have been satisfied. The lots range in size from 8,324 square feet to 128,176 square feet. All structures will be set back a minimum of 30 feet from the subdivision boundary, which meets the periphery setback requirement of the PSF zoning district. Front building setbacks are platted at 25 feet. Side yard setbacks shall be a minimum of 7 feet and rear yard setbacks shall be 30 feet. All of the lots meet or exceed the minimum requirements in the PSF district.

The plat contains one tract of approximately 13.02 acres. This tract contains stream channels and their associated floodplain. Tract D will be used as private open space and will contain a private trail that will connect to the City’s Clear Creek stream way trail system to the south. Tract D will be owned and maintained by a home owners association. The applicant will be responsible for preparing and submitting the appropriate home owner’s association documents along with the submittal of the final plat.

The two lots to the south will be accessed by way of 62nd Street from The Meadows at Clear Creek. Existing 62nd Street will terminate approximately 65 to the east in a permanent cul-de-sac to serve these two lots. Lakecrest Drive will terminate in a permanent cul-de-sac approximately 300 feet south of 61st Street to serve these 7 lots. While the connection between 62nd Street and 61st Street by way of Lakecrest Drive will not be made, the proposed lot layout, points of access and street network for this development are acceptable for circulation and public safety purposes. Additional traffic through The Meadows at Clear Creek will be negligible with the addition of only two lots. Interconnectivity will still be made to the west with The Forest at Clear Creek with the extension of 60th Terrace being made with improvements within The Hills of Forest Creek Fourth Plat.

The street improvements required for this development shall be designed according to the standards in the Shawnee Design and Construction Manual.

The interior conceptual street layout shown is sufficient, as are the proposed centerline grades and vertical curves shown on the preliminary centerline profiles. However, any design issues discovered during the review of the street improvement plans will need to be resolved prior to approval of those plans and the issuance of the Public Improvement Permit.

All internal streets shall comply with the geometric and roadway design standards for a local residential street per the Shawnee Design and Construction Manual and the applicable Standard Details.

Sidewalks should be placed on the side of a street closest to the nearest existing or planned elementary school. Sidewalks shall comply with standard details for location within the right-of-way and dimension.

The applicant is responsible for paying for city-installed street name signs prior to the issuance of a Public Improvement Permit for constructing the streets.

The applicant is required to construct a recreational trail within Tract D that connects to the existing public trail system. The proposed trail location is sufficient for review of the preliminary plat. The exact location will be determined in the field to ensure existing trees and grades are taken in to account when finalizing the alignment. The portion of the trail located within Tract D will be maintained by the Homes Association of this subdivision. The portion of the trail that extends on to the City parkland will be maintained by the City.

The applicant is responsible for submitting detailed street improvement plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance.

The streetlight improvements required for this development shall be designed in accordance with the Shawnee Design and Construction Manual.

The applicant is responsible for submitting detailed streetlight improvements plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance.

A public improvement permit is required to install the public streetlights. The streetlights shall be installed prior to the release of the development for building permits.

The storm drainage improvements required for this development shall be designed in accordance with Shawnee Design and Construction Manual.

The enclosed components of the storm drainage system must be designed to convey the stormwater runoff from a 10 percent (10-year return period) design storm. The overflow components designed to convey the runoff from a 1 percent (100-year return period) design storm.

The applicant submitted a preliminary storm drainage study with the preliminary plat showing a conceptual drainage system, a drainage area map, and a drainage table summarizing the hydrologic and hydraulic analysis for the development site and all upstream tributaries. The preliminary study was substantially complete and adequate for reviewing the preliminary plat. Any issues discovered during the review phase must be resolved prior to the approval of the storm drainage improvement plans.

The applicant is responsible for submitting detailed storm drainage improvement plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance.

This development is subject to the provisions of SMC Chapter 12.24, which pertains to the construction and maintenance of on-site stormwater detention facilities. The preliminary plat for this subdivision pre-dates the change in the City’s stormwater detention regulations that occurred in 2014; as such this final plat is grandfathered in under the old regulations. On-site detention is not required or permitted because this development drains directly to a 100-year floodplain. Therefore, the applicant may comply with these regulations by paying a detention fee of $350.00 per lot instead of constructing an on-site facility. The detention fee for this final plat is $2,450 based on 7 lots. The fee must be paid prior to commencing construction work on any public improvements.

This development is not subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities (STF) to preserve and enhance the quality of stormwater runoff. Over 50% of the lots on the initial preliminary plat for Hills of Forest Creek Subdivision have been final patted; therefore, per Chapter 11.16, stormwater treatment is not required.

This development lies adjacent to Clear Creek and is traversed by Clear Creek Tributary B. None of the proposed lots lie within a Special Flood Hazard Area (SFHA). Most of Tract D lies within either Zone AE, a SFHA, or Zone X (future), an area actually prone to flooding now, but having an upstream watershed too small to be classified as a SFHA.

As part of the subdivision grading plan, to be approved prior to the recording of the final plat, the applicant is responsible for identifying the Base Flood Elevations of both the 1% annual chance flood based on existing (1998) development conditions and on the ultimate development conditions for the watershed at the upstream corner of all lots adjacent to the SFHA or flood prone area. The Minimum Low Opening (MLO) required for all structures on those lots shall be a minimum of two feet higher than the ultimate Base Flood Elevation. Also, if the proposed basement floor of any structure adjacent to the SFHA or flood prone area is lower than the existing Base Flood Elevation, then the landowner is responsible for demonstrating that the proposed structure will be “reasonably safety from flooding” as established in FEMA Technical Bulletin 10 01 (Reasonably Safe from Flooding). All landowners of lots adjacent to the SFHA or flood prone area are responsible for submitting FEMA Elevation Certificates demonstrating compliance with the above requirements prior to the issuance of a Certificate of Occupancy.

No building larger than 120 square feet shall be constructed closer than 30 feet of the limits of the 1% annual chance flood based on ultimate development conditions for the watershed.

Adjacent to the proposed development, Clear Creek has an upstream watershed exceeding 5,000 acres. Accordingly, the stream buffer associated with Clear Creek of 120 feet measured from the Ordinary High Water Mark (OHWM) as established in the field. The revised preliminary plat will need to be modified to correctly show the required buffer for Clear Creek. Clear Creek Tributary B has a watershed exceeding 160 acres, which requires a stream buffer of 6 feet. Lastly, the unnamed tributary lying east of Lakecrest Drive has a watershed of less than 80 acres, which requires a stream buffer of 40 feet. All buffer areas within this development shall be preserved as open space, including those portions on any lot, especially dense stands of native vegetation within the 25 feet closest to the top of bank. However, the City Engineer acknowledges that those portions of a buffer lying within a lot, but not within the first 25 feet of the buffer, may be planted with turf on the existing grade, which is deemed necessary for the successful completion of this development. All proposed stream crossings shall be constructed in accordance with Shawnee Design and Construction Manual, Division 2300, Storm Drainage.

All utilities shall be placed underground. Telephone, electric and cable service facilities are to be placed within rear and side yards as required by Policy Statement PS-24, except as specifically varied or waived by action of the Governing Body. If the Governing Body approves the placement of utilities within the front yard, then such utilities are to be placed within the right-of-way and not within easements adjacent to the right-of-way. When an easement is needed specifically for either a sanitary or stormwater sewer, the easement must specify the intended use.

This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures.

The applicant (landowner) is responsible for obtaining a land disturbance permit as required by Codes Administration prior to undertaking any land disturbance or construction activities on the development site.

Prior to the issuance of a land disturbance permit for development sites greater than one acre, the applicant is responsible for submitting separate land disturbance plans for review and acceptance by Code Administration. The site grading and erosion control measures depicted on those plans must be prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and all other applicable policies statements and administrative rules.

The applicant is responsible for submitting a site-specific Stormwater Pollution Prevention Plan prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and in compliance with the Kansas Department of Health and Environment (KDHE) General Permit for the U.S. Environmental Protection Agency’s National Pollutant Discharge Elimination System Permit (NPDES) program for stormwater runoff from construction activities.

For development sites greater than one acre, the applicant is responsible for submitting a Notice of Intent (NOI) for Storm Water Runoff from Construction Activities and obtaining such permits as required by KDHE prior to undertaking any land disturbance or construction activities on the development site. The applicant must submit to the City a copy of the NOI prior to the issuance by the City of a Land Disturbance Permit for the development site.

The applicant is responsible for obtaining such permits as may be required by the U.S. Army Corps of Engineers (USACE) for grading activities covered by Section 401 (Water Quality Certification), Section 402 (Wetlands), and Section 404 (Waters of the United States) of the Clean Water Act.

All public improvements for this development shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. A public improvement permit will be required for all public street, storm, and streetlight improvements. Building permits will not be released for this development until all public improvements have been completed and accepted by the City.

All fire hydrants, fire lanes, and fire suppression equipment as required by the Fire Department shall be installed prior to issuance of a building permit.

This development is subject to the provisions of Shawnee Municipal Code (SMC) Chapter 12.26, which pertains to the City’s excise tax on new subdivision plats.

The street improvements required for this development are not eligible as a credit against the required excise tax nor is the right-of-way eligible for a reduction in the gross area subject to the excise tax because the streets are not classified as major streets.

Lot 182 is 128,176.25 square feet in size. The area subject to the excise tax for large lots is capped at the equivalent of 65,340 square feet (1.5 acres) as per SMC 12.26.040.D. Therefore this lot is eligible for a reduction in the gross area subject to the excise tax in the amount of 62,836.25 square feet or a reduction in the overall excise tax of $13,509.79.

The estimated excise tax for this revised preliminary plat, including the above listed credits or deductions, is $157.483.07 based on a taxable area of 795,315.69 square feet at the current rate of $0.215 per square foot.

The excise tax is due prior to obtaining the Mayor’s signature on the recording copy of the final plat. The final calculation of excise tax will be figured using the excise tax rate in effect at the time final plat is recorded.

The developer may enter into an Excise Tax Abatement Agreement with the City that would allow for the suspension, partial or in full, for the excise tax due, provided the final plat is approved and recorded prior to expiration of the suspension of the excise tax as set by the City. This agreement between the property owner and the City shall be created, agreed upon, and executed prior to obtaining the Mayor’s signature on the recording copy of the final plat.

This subdivision is subject to the provisions of Shawnee Municipal Code (SMC) 12.14, Park and Recreational Land Use Fund. The previous developer dedicated, through a warranty deed, a 19.7 acre tract to the City for use as public park ground for the extension of the Clear Creek trail system. Therefore, the open space fees for this subdivision have been waived.

The applicant is responsible for submitting a computation plat with the recording copies of the final plat. The computation plat should show the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and right-of-ways, and the centerline miles of all newly dedicated streets. The County Engineer requests that all points shown on a plat be based on the Kansas State Plane Coordinate System of 1983, North Zone (NAD-83).

Staff recommends approval of PrePlat-18-15-12, Revised Preliminary Plat of Hills of Forest Creek subdivision, located in the 6100 Block of Lakecrest Drive, subject to the following conditions:

1. Acceptance of the dedications on the final plat by the Shawnee Governing Body and recording of the final plat with the Johnson County Register of Deeds shall be completed prior to issuance of any building permits;

2. The preliminary plat contains seven lots and one tract on 18.26 acres;

3. All bulk regulations of the PSF (Planned Single Family) zoning district shall be met, including 30 foot peripheral boundary and a minimum front setback of 25 feet. Side yard setbacks shall be a minimum of 7 feet and rear yard setbacks shall be 30 feet;

4. No greater that twenty percent of the homes in the subdivision may be constructed with the same front elevation;

5. The applicant is required to construct a private recreational trail within Tract D extending from 61st Street to the City’s Clear Creek trail system. Construction of the trail shall be completed concurrently with the public improvements associated with the lots within this preliminary plat. The trail will be maintained by the homes association of this subdivision;

6. The provisions of the excise tax shall be satisfied prior to the Mayor signing the recording copies of the final plat. The developer may enter into an Excise Tax Abatement Agreement with the City that would allow for the suspension, partial or in full, of the excise tax provided the final plat is approved and recorded prior to expiration of the suspension of the excise tax as set by the City. This agreement between the property owner and the City shall be created, agreed upon, and executed prior to obtaining the Mayor’s signature on the recording copy of a final plat for this area;

7. Open space fees have been waived in lieu of past dedication of public park ground by the previous developer, as provided by Shawnee Municipal Code (SMC) 12.14;

8. The applicant shall be responsible for preparing and submitting home owner association documents that provide for the ownership and maintenance of Tract D. Such documents shall be submitted to the City with the application of the final plat;

9. The street improvements required for this development shall be designed and constructed in accordance with the standards of the Shawnee Design and Construction Manual, and as detailed within the staff report;

10. All internal streets shall comply with the geometric and roadway design standards for a local residential street per the Shawnee Design and Construction Manual and the applicable Standard Details;

11. Sidewalks are required along the west and north side of the interior streets. Sidewalks shall comply with standard details for location within the right-of-way and dimension;

12. The applicant is responsible for paying for city-installed street name signs prior to the issuance of a Public Improvement Permit for constructing the streets;

13. The applicant is responsible for submitting detailed street improvements plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance;

14. The streetlight improvements required for this development shall be designed in accordance with the Shawnee Design and Construction Manual. The applicant is responsible for submitting detailed streetlight improvement plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance. A public improvement permit is required to install the public street lights. The streetlights shall be installed prior to the release of the development for building permits;

15. The storm drainage improvements required for this development shall be designed in accordance with the Shawnee Design and Construction Manual, and as detailed within the staff report;

16. The applicant is responsible for submitting detailed storm drainage improvement plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance;

17. This development is subject to the provisions of SMC Chapter 12.24, which pertains to the construction and maintenance of on-site stormwater detention facilities. On site detention is not required or permitted because this development drains directly to a 100 year floodplain. The applicant shall pay a fee in lieu of detention in the amount of $350.00 per lot. The detention fee is $2450.00 based on 7 lots. The detention fee shall be paid prior to commencing construction work on any public improvements;

18. This development is not subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities;

19. No building larger than 120 square feet shall be constructed closer than 30 feet of the limits of the 1% annual chance flood based on ultimate development conditions for the watershed;

20. The applicant is responsible for identifying the Base Flood Elevations as detailed within the staff report;

21. All landowners of lots adjacent to the SFHA or flood prone area are responsible for submitting FEMA Elevation Certificates demonstrating compliance prior to the issuance of a Certificate of Occupancy;

22. The stream buffer associated with Clear Creek has a required setback of 120 feet as measured from the Ordinary High Water Mark as established in the field. The stream buffer associated with Clear Creek Tributary B has a required setback of 100 feet as measured from the Ordinary High Water Mark as established in the field. The stream buffer associated with unnamed tributary lying east of Lakecrest Drive has a required setback of 40 feet as measured from the Ordinary High Water Mark as established in the field;

23. The revised preliminary plat shall be modified to correctly show the required 120 foot buffer for Clear Creek;

24. All buffer areas within this development shall be preserved as open space, including those portions of on any lot, especially dense stands of native vegetation within 25 feet closest to the top of bank. Those portions of a buffer lying within a lot, but not within the first 25 feet of the buffer, may be planted with turf on the existing grade;

25. All proposed stream crossings shall be constructed in accordance with Shawnee Design and Construction Manual, Division 2300, Storm Drainage;

26. Telephone, electric and cable service facilities are to be placed within rear and side yards as required by Policy Statement PS-24;

27. All utilities shall be placed underground;

28. This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures. The applicant (landowner) is responsible for obtaining a land disturbance permit as required by Codes Administration prior to undertaking any land disturbance or construction activities on the development site. The site grading and erosion control measures depicted on those plans must be prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and all other applicable policies statements and administrative rules;

29. The applicant is responsible for obtaining all such permits as may be required by all Federal, State, and Local agencies, including but not limited to the Kansas Department of Health and Environment (KDHE), Kansas Division of Water Resources (DWR), and U.S. Army Corps of Engineers (USACE);

30. All public improvements for this development shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. A public improvement permit will be required for all public street, storm, and streetlight improvements. Building permits will not be released for this development until all public improvements have been completed and accepted by the City;

31. All fire hydrants, fire lanes, and fire suppression equipment shall be installed as required by the Fire Department; and

32. The applicant is responsible for submitting a computation plat with the recording copies of the final plat.

That concludes staff’s presentation.

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

APPLICANT: Good evening my name is Tim Tucker, I’m with Phelps Engineering, and our address is 1270 N. Winchester, Olathe, KS. We are in agreement with the stipulations and I’d be glad to answer any questions you may have.

CHAIRMAN BOGINA: Thank you. Commission have any questions for the staff or the applicant? Commissioner Busby.

COMMISSIONER BUSBY: Thank you, Mr. Chairman. A question for you, it might need clarification on this, but you’re going to be required to make a private recreational trail that goes to Clear Creek Pkwy., right?

MR. TUCKER: That is correct.

COMMISSIONER BUSBY: Okay. I would assume that that would be owned by the land owner, the homeowners association?

MR. TUCKER: They would own and maintain the portion on our property and then we would go across to the City park area, is the location of the trail, right here it’s just a small section; it’s a small trail that would be constructed by us (inaudible) ownership.

COMMISSIONER BUSBY: Will that trail be differentiated from saying the other landowners there? In other words, such that…

MR. TUCKER: We hadn’t really thought about it, it could very easily be…

COMMISSIONER BUSBY: Would you be opposed to a suggestion that it hath signage on it that says it’s owned by the homeowners association so that 10 or 15 years from now someone doesn’t say I thought that was public land and therefore part of the trail system?

MR. TUCKER: We, I mean, I think the intent is for the subdivision it’s really for (inaudible) the trail basically is to provide a connection for the residents within this subdivision up to the north to Clear Creek trail. I’m not sure if providing signage of some sort to indicate demarcation between the City’s maintained trail and between the developers trail (inaudible)…

COMMISSIONER BUSBY: It would seem to me we had an issue here a year ago or so where somebody had used that trail so often that they thought it was just a public trail and it really wasn’t that fun to figure out and I think just the addition of the sign on both ends that says you’re now on basically private property owned and maintained by the Homes Association might clarify the that cuts through there in 3, 4, or 5 years.

MR. TUCKER: I’m sure something between the developer and the City (inaudible)…

COMMISSIONER BUSBY: Thank you.

COMMISSIONER WILLOUGHBY: I’ve got a question.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: So, Tract D that’s going to be maintained is it maintained by the whole area?

(Inaudible)

COMMISSIONER WILLOUGHBY: So, the seven homes will just be a part of the bigger one.

MR. TUCKER: That’s correct.

COMMISSIONER WILLOUGHBY: So, we’re not asking you seven homes to maintain that 13 acres.

MR. TUCKER: No, and that’s all good to be pretty much just native floodplain.

COMMISSIONER WILLOUGHBY: Right, but we’ve seen problems with those in the past with the snakes and stuff.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: This is a follow-up to Commissioner Busby’s question on the trail connector. Is that intended or will that be essentially public access or is it gonna be private use only by the residents? So, for example, can anybody in the City show up and use that trail at any time without any restrictions?

MR. TUCKER: It really hasn’t been discussed on the developer side or I don’t think there’s anything to restrict anybody from using it (inaudible).

COMMISSIONER BIENHOFF: Thank you.

PLANNER ZIELSDORF: The details really haven’t been discussed in great detail but that is something that we can definitely work with the developer and the City Parks department and have that addressed when we come back with the final plat.

COMMISSIONER BIENHOFF: Thank you. Is, these are public streets I assume…

PLANNER ZIELSDORF: They are public streets.

COMMISSIONER BIENHOFF: And so anybody…

PLANNER ZIELSDORF: And public sidewalks.

COMMISSIONER BIENHOFF: …can drive their car and park it and walk and I would hate to have a restriction on who could access it, the public trails.

PLANNER ZIELSDORF: And this is just a proponent of the trail system that they are providing that extends up north of 61st St. and carries on the north to Clear Creek Pkwy. that is part of this development.

COMMISSIONER BIENHOFF: Thank you.

CHAIRMAN BOGINA: If the ordinary high water mark estimate will be from 100 foot to 120 foot on Lot 182, could you give us an idea as to how that structure would be sited in the future?

MR. TUCKER: Yeah, right, actually the boundary of this lot right here, it’s a large lot, is currently about 3 acres in size, it’s gonna shift over not very far, I mean, it’s still going to be in excess of 2 acres on that one lot.

CHAIRMAN BOGINA: Can you guess forests where that house will be sited in the future?

MR. TUCKER: Oh, okay. There’s enough room here to site the house or could go back in here in this location, I mean, it’s a large lot.

(Inaudible)

MR. TUCKER: Floodplain all the way around to minimize the infrastructure that we had and we ran a preliminary or temporary turnaround or permanent turnaround/cul-de-sac so that’s what were left with sense were putting in the infrastructure two lots to minimize that one location put it on the west side of the high-pressure gas line that runs through there and then everything else back here is that one lot. So, I mean, there’s a lot of flexibility; there’s a sanitary sewer line that runs, bisects it pretty much right down the middle, so that lot could be placed behind it and in front of it, so…

CHAIRMAN BOGINA: With it shaped like a coke bottle…

(Inaudible)

CHAIRMAN BOGINA: This may be a question for Mark more than you, have you met the minimum with requirements of a lot should you have to change to 120 foot setback?

MR. TUCKER: Yes.

CHAIRMAN BOGINA: Does the width of the lot have to, the minimum width of the lot have to continue throughout the entire course of the plat or does it only have to be that at the front and back?

PLANNER ZIELSDORF: Well, the minimum lot frontage or minimum lot width would need to be met at the front property/right-of-way line or in this case the cul-de-sac at the 30 foot building line, but basically this lot is, basically this whole area right here is that right there, they could shift that up or even if that hundred foot boundary without moving the lot lines they could shift that hundred foot boundary up a little bit the front of the lot they would just need to maintain…

CHAIRMAN BOGINA: So, you think it could be built to conform?

PLANNER ZIELSDORF: Yes, it will conform. The lot line would not necessarily have to match the 120 foot buffer boundary.

CHAIRMAN BOGINA: Okay.

PLANNER ZIELSDORF: The lot line could extend even though the applicant so chooses to move that lot line it does provide a buffer to extend on along that line (inaudible) either turf or natural grass.

MR. TUCKER: Our intent would be to keep it off the lot (inaudible).

CHAIRMAN BOGINA: Okay. Any other questions for the staff or the applicant? Thank you. We’d be in Commission discussion. Commissioner Smith.

COMMISSIONER SMITH: Thank you. Following up with Commissioner Busby, everything is great as long as we’re all here, but once we move on the homeowners association decides to change things sometimes; if the trails open up to public access, (inaudible) in one of the conditions for approval that it be included in the declaration of conditions and restrictions as part of what staff approves; that will be better for everyone; if that’s important to the Commission, that’s what I’d suggest. (Inaudible) Don’t ask me how.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: And, Mark, didn’t you say that, did you suggest that we might work on that with Parks Department as part of the final plat when it comes back?

PLANNER ZIELSDORF: Yeah, I hate to jump to a decision, I understand the concern, but I’d hate to jump to a condition right now without having time to discuss it with City Parks staff and the developer as to how that will be done. You know, if we put something in there that says it needs to be looked at, we’d consider something of that nature, that’d probably be appropriate. Obviously we can’t do anything about it until the final plat is done so staff will make sure that it’s in the final plat.

COMMISSIONER SMITH: Yeah, I mean, it’s a given that it has to be something with Parks service (inaudible) but I think you’re right as long as that goes forward at this point and you understand the expectation that if it is something that is (inaudible).

CHAIRMAN BOGINA: Thank you. Commissioner Smith, do you have a motion?

COMMISSIONER SMITH: I do, sir. I’d like to move for the approval of PrePlat-17-15-12; the preliminary plat for a portion of Hills of Forest Creek subdivision located at 6100 Block of Lakecrest Drive, subject to staff conditions as written.

CHAIRMAN BOGINA: Thank you. Commissioner Hill.

COMMISSIONER HILL: I second that motion.

CHAIRMAN BOGINA: There’s a motion and second to approve PrePlat-17-15-12; a revised preliminary plat for a portion of Hills of Forest Creek, a planned single family residential subdivision, located in the 6100 Block of Lakecrest Drive, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 8-0; Braley, Somsky, and Specht absent)

CHAIRMAN BOGINA: Item number 4 is:


CHAIRMAN BOGINA: Mark.

PLANNER ZIELSDORF: The applicant requests preliminary plat approval for Ridgestone Meadows West subdivision, a single family residential subdivision, located in the 6800 Block of Marion Street. The application is filed by Phelps Engineering for Ridgestone West, LLC, developer.

The applicant seeks preliminary plat approval for single phased, single family residential subdivision. The property is zoned R-1 and is generally located in the 6800 block of Marion Street. The property is wooded with topography sloping down to the north and northwest to an open stream channel. The property is currently undeveloped. Single family homes within Ridgestone Meadows subdivision are adjacent to the east and single family homes within Monticello Crest subdivision are adjacent to the south. Property to the northeast, across the stream channel is unplatted and zoned Single Family Residential (R-1) and Commercial Highway (CH). These properties are undeveloped.

The preliminary plat contains 37 lots and two tracts on 17.97 acres.

The Land Use Guide of the Comprehensive Plan anticipates low density residential development for this area, which is defined as one to five dwelling units per acre. The preliminary plat provides a gross density of 2.06 dwelling units per acre, which is within the low density residential range. Public sewers and other utilities are available to serve this area. The proposed preliminary plat is in general conformance with the Plan.

All bulk requirements have been satisfied. Lots range in size from 9,292 square feet to 20,862 square feet. Minimum lot frontages of 75 feet have been provided, as measured at the front property line or as measured along the platted building line for lots at the end of a cul-de-sac or on a curve. Front yard setbacks of 30 feet are shown on the preliminary plat. On corner lots where a reduced side building line is used, the side building line shall be no less than 20 feet and shall be designated as a side building line. The total width of both side yards shall be no less than 20 percent of the total lot width with no side yard less than seven feet. Rear yard setbacks shall be no less than 30 feet. All of the lots meet or exceed the minimum requirements in the R-1 district.

The plat contains two private open space tracts totaling 4.69 acres. Tract A is approximately 199,576 square feet (4.58 acres). This tract contains the stream channel running along the north and northwest side of the subdivision. This tract will also contain a stormwater detention facility located at the northeast end of the tract. Tract B is a small tract consisting of 4,848 square feet (0.11 acres) located at the south end of the Brownridge Drive cul-de-sac. This tract is intended as a passive open space and buffer at the end of the street. Both tracts will be owned and maintained by a home owners association. The applicant will be responsible for preparing and submitting the appropriate home owner’s association documents along with the submittal of the first final plat for this development. The applicant is proposing a tree preservation easement along the rear of Lots 17 - 25 in an effort to protect and preserve the existing trees in this area. A narrow tree preservation easement is also proposed for the rear of Lot 1, 26-27, and 37 that matches a tree preservation easement on the adjoin subdivision to the east to help protect the existing trees in this area. All tree preservation easements shall be private and be dedicated to and enforced by the home owners association.

Access to the lots within this subdivision will be provided from the westward extension of 68th Street from the adjacent Ridgestone Meadows subdivision. A second point of access will be from the northward extension of Marion Drive from the adjacent Monticello Crest subdivision. Both of these streets are local residential streets that were expected to be carried through to provide access to the adjacent property as it was developed. The proposed lot layout, points of access and street network for this development are acceptable for circulation and public safety purposes.

The public street improvements required for this development shall be designed and constructed in accordance with the standards of the Shawnee Design and Construction Manual.

The interior conceptual street layout shown is sufficient, as are the proposed centerline grades and vertical curves shown on the preliminary centerline profiles. However, any design issues discovered during the review of the final plans will be required to be resolved prior to plan approval and the issuance of the Public Improvement Permit.

All internal streets shall comply with the geometric and roadway design standards for a local residential street per the Shawnee Design and Construction Manual and the applicable Standard Details.

Sidewalks should be placed on the south or east side of a street. Sidewalks shall comply with standard details for location within the right-of-way and dimension.

The applicant shall be required to remove the existing temporary turnaround on Marion Drive. The preliminary plans indicate the removal of the existing temporary turnaround and for the preliminary plat, the detail provided is sufficient. However, for the final plans more detail is required. A detailed survey will be required in this area to identify locations of mailboxes, trees, landscaping, yard ornaments, etc. that might require removal and replacement. Additionally, prior to final plan approval the applicant will be required to provide to the City a temporary easement or right of entry form executed by the homeowner of the lot(s) that the turnaround is located on.

The applicant is responsible for paying for city-installed street name signs prior to the issuance of a Public Improvement Permit for constructing the streets.

The applicant is responsible for submitting detailed street improvements plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance.

The streetlight improvements required for this development shall be designed in accordance with the Shawnee Design and Construction Manual.

The applicant is responsible for submitting detailed streetlight improvements plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance.

A public improvement permit is required to install the public street lights. The streetlights shall be installed prior to the release of the development for building permits.

The storm drainage improvements required for this development shall be designed in accordance with the Shawnee Design and Construction Manual.

The enclosed components of the storm drainage system must be designed to convey the stormwater runoff from a 10 percent (10-year return period) design storm. The overflow components designed to convey the runoff from a 1 percent (100-year return period) design storm.

The applicant submitted a preliminary storm drainage study with the preliminary plat showing a conceptual drainage system, a drainage area map, and a drainage table summarizing the hydrologic and hydraulic analysis for the development site and all upstream tributaries. The preliminary study was substantially complete and adequate for reviewing the preliminary plat. Any issues discovered during the review phase must be resolved prior to the approval of the storm drainage improvement plans.

The applicant is responsible for submitting detailed storm drainage improvement plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance.

This development is subject to the provisions of SMC, Chapter 11.24, Stormwater Detention, which pertains to the construction and maintenance of on-site stormwater detention facilities.

The applicant has submitted a preliminary stormwater detention study showing a conceptual layout of the detention facility, a drainage area map, and estimated storage volumes and allowable release rates. The preliminary study is substantially complete and adequate for reviewing the site plan although any design issues discovered during the review of the final stormwater detention plan must be resolved prior to the approval of site development plans submitted for a building permit.

This stormwater detention facility is required to be as-built and certified by the Engineer prior to the release of building permits. The as-built shall be prepared in accordance with the Shawnee Design and Construction Manual.

This development is subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities. The applicant is proposing the use of preserved native vegetation and a native vegetated conveyance swale to meet the Level of Service of a 6 for this project.

All STFs required for this development shall be designed in accordance with the Shawnee Design and Construction Manual. The applicant’s consulting engineer is responsible for certifying that both the design and construction of such facilities complies with all applicable regulations.

A 3rd Party inspector will be required to inspect the construction of the STFs. The applicant is responsible for the cost of all 3rd party inspections that will be required.

The applicant is required to execute and record with the Johnson County Register of Deeds the City’s standard form entitled “Declaration of Stormwater Treatment Facility Maintenance Restrictions and Covenants” prior to the start of construction on the site civil items.

The applicant’s consulting engineer is responsible for preparing an as-built certification of each STF, which requires City acceptance prior, to the City issuing any building permits for this development.

This development lies adjacent to Clear Creek Tributary A, which has a floodplain identified as a Zone X (future). Although the upstream watershed is too small for this floodplain to be designated as a Special Flood Hazard Area (SFHA), it is an area actually prone to flooding now, instead of some future date. None of the proposed lots are located closer than 30 feet to the limits of the 1% annual chance flood based on ultimate development conditions for the watershed. As part of the subdivision grading plan, to be approved prior to the recording of the final plat, the applicant is responsible for identifying the Base Flood Elevations of both the 1% annual chance flood based on existing (1998) development conditions and on the ultimate development conditions for the watershed at the upstream corner of all lots adjacent to the floodplain. The Minimum Low Opening (MLO) required for all structures on those lots shall be a minimum of two feet higher than the ultimate Base Flood Elevation. Also, if the proposed basement floor of any structure adjacent to the SFHA is lower than the existing Base Flood Elevation, then the landowner is responsible for demonstrating that the proposed structure will be “reasonably safe from flooding” as established in FEMA Technical Bulletin 10-01 (Reasonably Safe from Flooding). All landowners of lots adjacent to the SFHA are responsible for submitting FEMA Elevation Certificates demonstrating compliance with the above requirements prior to the issuance of a Certificate of Occupancy.

The stream buffer associated with Clear Creek Tributary A has a required setback of 60 feet measured from the Ordinary High Water Mark (OHWM) as established in the field. The buffer area within this development shall be preserved as open space, especially dense stands of native vegetation within the 25 feet closest to the top of bank. All proposed stream crossings shall be constructed in accordance with Shawnee Design and Construction Manual, Division 2300, Storm Drainage.

All utilities shall be placed underground. Telephone, electric and cable service facilities are to be placed within rear and side yards as required by Policy Statement PS-24, except as specifically varied or waived by action of the Governing Body. When an easement is needed specifically for either a sanitary or stormwater sewer, the easement must specify the intended use.

The site contains some significant grades and substantially wooded areas throughout. The applicant is requesting the Governing Body approve the placement of utilities within the front yard areas for Lots 1-27 to avoid disturbing the steep slopes and to minimize damage and removal of existing trees along the rear of these lots. Given the existing site conditions, Planning staff agrees this is a valid request and recommends the placement of utilities within the front yard for Lots 1-27.

The applicant shall be responsible for verifying with Johnson County Wastewater that the placement of front yard utilities will not conflict with the placement of the sanitary sewer lines, particularly along the northwest side of Brownridge Drive and the northeast side of Marion Drive.

This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures.

The applicant (landowner) is responsible for obtaining a land disturbance permit as required by Codes Administration prior to undertaking any land disturbance or construction activities on the development site.

Prior to the issuance of a land disturbance permit for development sites greater than one acre, the applicant is responsible for submitting separate land disturbance plans for review and acceptance by Code Administration. The site grading and erosion control measures depicted on those plans must be prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and all other applicable policies statements and administrative rules.

The applicant is responsible for submitting a site-specific Stormwater Pollution Prevention Plan prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and in compliance with the Kansas Department of Health and Environment (KDHE) General Permit for the U.S. Environmental Protection Agency’s National Pollutant Discharge Elimination System Permit (NPDES) program for stormwater runoff from construction activities.

For development sites greater than one acre, the applicant is responsible for submitting a Notice of Intent (NOI) for Storm Water Runoff from Construction Activities and obtaining such permits as required by KDHE prior to undertaking any land disturbance or construction activities on the development site. The applicant must submit to the City a copy of the NOI prior to the issuance by the City of a Land Disturbance Permit for the development site.

The applicant is responsible for obtaining such permits as may be required by the U.S. Army Corps of Engineers (USACE) for grading activities covered by Section 401 (Water Quality Certification), Section 402 (Wetlands), and Section 404 (Waters of the United States) of the Clean Water Act.

All public improvements for this development shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. A public improvement permit will be required for all public street, storm, and streetlight improvements. Building permits will not be released for this development until all public improvements have been completed and accepted by the City.

All fire hydrants, fire lanes, and fire suppression equipment as required by the Fire Department shall be installed prior to issuance of a building permit.

This development is subject to the provisions of Shawnee Municipal Code (SMC) Chapter 12.26, which pertains to the City’s excise tax on new subdivision plats.

The street improvements required for this development are not eligible as a credit against the required excise tax, nor is the right-of-way eligible for a reduction in the gross area subject to the excise tax, because the streets are not classified as major streets.

The estimated excise tax for this revised preliminary plat is $168,290.75 based on a taxable area of 782,747.72 square feet at the current rate of $0.215 per square foot.

The excise tax is due prior to obtaining the Mayor’s signature on the recording copy of the final plat. The final calculation of excise tax will be figured using the excise tax rate in effect at the time final plat is recorded.

The developer may enter into an Excise Tax Abatement Agreement with the City that would allow for the suspension, partial or in full, for the excise tax due, provided the final plat is approved and recorded prior to expiration of the suspension of the excise tax as set by the City. This agreement between the property owner and the City shall be created, agreed upon, and executed prior to obtaining the Mayor’s signature on the recording copy of the final plat.

This subdivision is subject to the provisions of Shawnee Municipal Code (SMC) 12.14, Park and Recreational Land Use Fund. Open space fees in the amount of $400 per residential lot ($14,800) shall be paid prior to the issuance of a building permit.

The applicant is responsible for submitting a computation plat with the recording copies of the final plat. The computation plat should show the bearings and lengths of all lines, and the individual area, in square feet, of all lots, open space tracts, and right-of-ways, and the centerline miles of all newly dedicated streets. The County Engineer requests that all points shown on a plat be based on the Kansas State Plane Coordinate System of 1983, North Zone (NAD-83).

Staff recommends approval of PrePlat-18-15-12, Preliminary Plat of Ridgestone Meadows West subdivision, located in the 6800 Block of Marion Street, subject to the following conditions:

1. Acceptance of the dedications on the final plat by the Shawnee Governing Body and recording of the final plat with the Johnson County Register of Deeds shall be completed prior to issuance of any building permits;

2. The preliminary plat contains 37 lots and two tracts on 17.97 acres;

3. All bulk regulations of the R-1 zoning district shall be met, including minimum lot size of 9,000 square feet, minimum lot width of 75 feet, and a minimum front setback of 30 feet. On corner lots where a reduced side building line is used, the side building line shall be no less than 20 feet and shall be designated on the plat as side building line. The total width of both side yards shall be no less than 20 percent of the total lot width with no side yard less than seven (7) feet. Rear yard setbacks shall be no less than 30 feet;

4. The provisions of the excise tax shall be satisfied prior to the Mayor signing the recording copies of the final plat. The developer may enter into an Excise Tax Abatement Agreement with the City that would allow for the suspension, partial or in full, of the excise tax provided the final plat is approved and recorded prior to expiration of the suspension of the excise tax as set by the City. This agreement between the property owner and the City shall be created, agreed upon, and executed prior to obtaining the Mayor’s signature on the recording copy of the final plat;

5. Open space fees in the amount of $400 per residential lot ($14,800), or the current open space fee rate in effect at the time a building permit is applied for, shall be paid prior to the issuance of a building permit, as provided by Shawnee Municipal Code (SMC) 12.14;

6. The applicant shall be responsible for preparing and submitting home owner association documents that provide for the ownership and maintenance of Tracts A and B. Such documents shall be submitted to the City with the application of the final plat;

7. Any tree preservation easements provided on the final plat shall be private and dedicated to and enforced by the home owners association;

8. The street improvements required for this development shall be designed and constructed in accordance with the standards of the Shawnee Design and Construction Manual, and as detailed within the staff report;

9. All internal streets shall comply with the geometric and roadway design standards for a local residential street per the Shawnee Design and Construction Manual and the applicable Standard Details;

10. Sidewalks are required along the south and east side of the interior streets. Sidewalks shall comply with standard details for location within the right-of-way and dimension;

11. The applicant is responsible for paying for city-installed street name signs prior to the issuance of a Public Improvement Permit for constructing the streets;

12. The applicant shall be required to remove the existing temporary turnaround on Marion Drive. Prior to final plan approval the applicant will be required to provide to the City a temporary easement or right of entry form executed by the homeowner of the lot(s) that the turnaround is located on;

13. The applicant is responsible for submitting detailed street improvements plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance;

14. The streetlight improvements required for this development shall be designed in accordance with the Shawnee Design and Construction Manual. The applicant is responsible for submitting detailed streetlight improvement plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance. A public improvement permit is required to install the public street lights. The streetlights shall be installed prior to the release of the development for building permits;

15. The storm drainage improvements required for this development shall be designed in accordance with the Shawnee Design and Construction Manual, and as detailed within the staff report;

16. The applicant is responsible for submitting detailed storm drainage improvement plans for review and acceptance by the City Engineer prior to the final plat going to the Governing Body for acceptance;

17. This development is subject to the provisions of SMC Chapter 12.24, which pertains to the construction and maintenance of on-site stormwater detention facilities;

18. The stormwater detention facility required for this development shall be designed in accordance with the Shawnee Design and Construction Manual. This stormwater detention facility is required to be as-built and certified by the Engineer prior to the release of building permits. The as-built shall be prepared in accordance with the Shawnee Design and Construction Manual;

19. This development is subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities. The applicant is proposing the use of preserved native vegetation and a native vegetated conveyance swale to meet a Level of Service of 6 for this project;

20. All Stormwater Treatment Facilities required for this development shall be designed in accordance with the Shawnee Design and Construction Manual and as detailed within the staff report;

21. The applicant shall execute and record, with the Johnson County Register of Deeds office, the City’s standard form entitled “Declaration of Stormwater Treatment Facility Maintenance Restrictions and Covenants” prior to the start of construction on the site civil items;

22. The applicant’s consulting engineer is responsible for preparing an as-built certification of each STF, which requires City acceptance prior, to the City issuing any building permits for this development;

23. The applicant is responsible for identifying the Base Flood Elevations, as identified in the staff report, as part of the subdivision grading plan that shall be approved prior to the recording of the final plat;

24. All landowners of lots adjacent to the SFHA are responsible for submitting FEMA Elevation Certificates demonstrating compliance prior to the issuance of a Certificate of Occupancy;

25. The stream buffer associated with Clear Creek Tributary A has a required setback of 60 feet as measured from the Ordinary High Water Mark as established in the field. The buffer area within this development shall be preserved as open space, especially dense stands of native vegetation within 25 feet closest to the top of bank;

26. All proposed stream crossings shall be constructed in accordance with Shawnee Design and Construction Manual, Division 2300, Storm Drainage;

27. The applicant is requesting the Governing Body approve the placement of utilities within the front yard areas for Lots 1-27 to avoid disturbing the steep slopes and to minimize damage and removal of existing trees along the rear of these lots;

28. The applicant is responsible for verifying with Johnson County Wastewater that the placement of front yard utilities will not conflict with the placement of the sanitary sewer lines, particularly along the northwest side of Brownridge Drive and the northeast side of Marion Drive;

29. All utilities shall be placed underground;

30. This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures. The applicant (landowner) is responsible for obtaining a land disturbance permit as required by Codes Administration prior to undertaking any land disturbance or construction activities on the development site. The site grading and erosion control measures depicted on those plans must be prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and all other applicable policies statements and administrative rules;

31. The applicant is responsible for obtaining all such permits as may be required by all Federal, State, and Local agencies, including but not limited to the Kansas Department of Health and Environment (KDHE), Kansas Division of Water Resources (DWR), and U.S. Army Corps of Engineers (USACE);

32. All public improvements for this development shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. A public improvement permit will be required for all public street, storm, and streetlight improvements. Building permits will not be released for this development until all public improvements have been completed and accepted by the City;

33. All fire hydrants, fire lanes, and fire suppression equipment shall be installed as required by the Fire Department; and

34. The applicant is responsible for submitting a computation plat with the recording copies of the final plat.

That concludes staff’s presentation.

CHAIRMAN BOGINA: Thank you. Is the applicant present?

APPLICANT: Tim Tucker, Phelps Engineering, 1270 N. Winchester, Olathe, KS.

CHAIRMAN BOGINA: Thank you. Does the Commission have any questions for the staff or the applicant? Have you read the staff report?

MR. TUCKER: I have and I’m in agreement with the stipulations.

CHAIRMAN BOGINA: Any questions for the staff or the applicant? Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: It looks like this drawing shows sidewalks on both sides of the street throughout the subdivision, is that correct?

(Inaudible)

COMMISSIONER WILLOUGHBY: Will it? I know it said south and east but there’s a…unless that’s a setback line.

(Inaudible)

COMMISSIONER WILLOUGHBY: Okay.

PLANNER ZIELSDORF: It’s probably the utility easements shown up there (inaudible)

COMMISSIONER WILLOUGHBY: Okay.

CHAIRMAN BOGINA: Commissioner Hill.

COMMISSIONER HILL: (Inaudible)

MR. TUCKER: They’re small slender boxes. The existing subdivision right there is you come in, they (inaudible) and working to do exactly what they did with the landscaping around it (inaudible) landscaping like pompous grass around (inaudible) if you Google and put that little guy on there and look (inaudible) from the side you don’t see it unless you’re directly in front of it and just (inaudible) shown on the landscape plan and the preliminary plat too.

COMMISSIONER HILL: Okay.

CHAIRMAN BOGINA: Thank you. We would be in Commission discussion. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, I would just like to say that I don’t normally like to have utilities in the front yard and it’s one of the things I appreciate about most areas within Shawnee that they are in back and you can’t see them, but I certainly understand with the conditions of the terrain that it would be acceptable in this case.

CHAIRMAN BOGINA: Thank you. Commissioner Peterson do you have a motion?

COMMISSIONER PETERSON: Yes, I do. I move that we approve with staff recommendations, the pre-plat-18-15-12; preliminary for Ridgestone Meadows West subdivision located at 6800 Block of Marion Street.

CHAIRMAN BOGINA: Thank you. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Question, did you want to look at staff recommendations?

COMMISSIONER PETERSON: I thought I said that at the beginning. Subject to staff recommendations numbers through 34.

COMMISSIONER BIENHOFF: I would second that motion.

CHAIRMAN BOGINA: There’s a motion and second to approve PrePlat-18-15-12; for Ridgestone Meadows West subdivision located in the 6800 Block of Marion Street, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 8-0; Braley, Somsky, and Specht absent)

CHAIRMAN BOGINA: That takes us to:

E. OTHER BUSINESS

CHAIRMAN BOGINA: Does staff have any other business? Does the Commission have any business for the staff?

F. ADJOURNMENT

CHAIRMAN BOGINA: Commissioner Wise, do you have a motion to adjourn?

COMMISSIONER WISE: I will make a motion that we adjourn.

CHAIRMAN BOGINA: Thank you. Commissioner Peterson.

COMMISSIONER PETERSON: I second that motion.

CHAIRMAN BOGINA: Motion and second to adjourn, all in favor.

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes.


(Motion passes 8-0; Braley, Somsky, and Specht absent)