PDF Format:

ApprovedPlanningCommissionMeeting.5.16.16.pdfApprovedPlanningCommissionMeeting.5.16.16.pdf


PLANNING COMMISSION MEETING

MINUTES

May 16, 2016

7:30 P.M.

PLANNING COMMISSIONERS PRESENTSTAFF PRESENT
Commissioner Augie BoginaPlanning Director Paul Chaffee
Commissioner Randy BraleyDeputy Planning Director Doug Allmon
Commissioner Dennis BusbyPlanner Mark Zielsdorf
Commissioner Kathy PetersonAdministrative Assistant Angie Lind
Commissioner Les Smith
Commissioner Sara Somsky
Commissioner Henry Specht
Commissioner Alan Willoughby
Commissioner Steven Wise
PLANNING COMMISSIONERS ABSENT
Commissioner Bruce Bienhoff
Commissioner Doug Hill
CHAIRMAN BOGINA: Good evening and welcome to the May 16, 2016 meeting of the Shawnee Planning Commission. We’ll start with roll call.

A. ROLL CALL

CHAIRMAN BOGINA: Commissioner Somsky.

COMMISSIONER SOMSKY: Present.

CHAIRMAN BOGINA: Commissioner Peterson.

COMMISSIONER PETERSON: Here.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Here.

CHAIRMAN BOGINA: Commissioner Bienhoff is absent.

CHAIRMAN BOGINA: Commissioner Busby.

COMMISSIONER BUSBY: Here.

CHAIRMAN BOGINA: Commissioner Bogina is here.

CHAIRMAN BOGINA: Commissioner Wise.

COMMISSIONER WISE: Here.

CHAIRMAN BOGINA: Commissioner Braley.

COMMISSIONER BRALEY: Here.

CHAIRMAN BOGINA: Commissioner Specht.

COMMISSIONER SPECHT: Here.

CHAIRMAN BOGINA: Commissioner Smith.

COMMISSIONER SMITH: Here.

CHAIRMAN BOGINA: Commissioner Hill is absent.

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

B. PLEDGE OF ALLEGIANCE

CHAIRMAN BOGINA: Thank you.

C. CONSENT ITEMS:

CHAIRMAN BOGINA: Item C. is the Consent Agenda. Items 1 through 4 are listed under the Consent Agenda Items. Unless there is a request to remove an item from the Consent Agenda, the items will be approved in one motion. Is there a request to remove an item from the Consent Agenda? If not, is there a motion to approve the Consent Agenda? Commissioner Braley.

COMMISSIONER BRALEY: Yes, Mr. Chairman, I’d like to make a motion that we approve the Consent Agenda Items as presented by staff.

CHAIRMAN BOGINA: Thank you. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I’ll second the motion.

CHAIRMAN BOGINA: There’s a motion and a second to approve Items 1 through 4 of the Consent Agenda, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes.


(Motion passes 9-0; Commissioners Bienhoff and Hill Absent)

CHAIRMAN BOGINA: D. is:

D. NEW BUSINESS


CHAIRMAN BOGINA: Paul.

PLANNING DIRECTOR CHAFFEE: This request is to withdraw the previously issued special use permit issued to Morton Glazer to operate Premier Automotive KC, used car sales business, in the CH (O) (Commercial Highway Overlay) zoning district located 10900 Shawnee Mission Parkway.

The special use permit was originally issued in in 2006. Mr. Glazer no longer operates a business at this location.

Planning staff recommends withdrawal of SUP-01-06-01 for a special use permit issued to Morton Glazer to operate Premier Automotive KC, a used car business, in the CH (O) (Commercial Highway Overlay) zoning district located 10900 Shawnee Mission Parkway, since the business has closed.

CHAIRMAN BOGINA: Thank you. Is there any questions for the staff? Is there a motion to approve the withdrawal? Commissioner Busby.

COMMISSIONER BUSBY: Thank you, Mr. Chairman, move for approval of the withdrawal of special use permit for Premier Automotive KC, automotive sales, 10900 Shawnee Mission Parkway; which is SUP-01-06-01.

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

COMMISSIONER WISE: I’ll second that motion.

CHAIRMAN BOGINA: There’s a motion and a second to withdraw SUP-01-06-01; special use permit issued to Morton Glazer to operate Premier Automotive KC, at 10900 Shawnee Mission Parkway, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes.


(Motion passes 9-0; Commissioners Bienhoff and Hill Absent)

CHAIRMAN BOGINA: Item number 2 is:
CHAIRMAN BOGINA: Paul.

PLANNING DIRECTOR CHAFFEE: This is the scheduled review of the special use permit previously issued to Deffenbaugh Industries to operate a sanitary landfill in the PI (Planned Industrial) zoning district, located at the southwest corner of Holliday Drive and I-435. The Planning Commission considered renewal of the special use permit at their February 17, 2016 meeting, and voted to extend the special use permit for a period of three months. As recommended in the February 2016 staff report, discussion has centered on odor management, litter control, stormwater management and communication and response issues. The number of odor complaints have significantly been reduced between March and May and if you’ll recall it was mid-March toward the 20th when the new lateral system was put in place and the vacuums were placed on the system and the flare was ignited, so wanted to let you know that that seemed to do the trick. Four odor complaints were received in April, and some were not attributable to the landfill. A few complaints were received after a four inch rainfall early in May and multiple complaints were received on one other occasion. In each instance, dry cover and enhanced perfumes were applied which seemed to reduce the odor. Three complaints received were attributable to the Kansas City, Kansas Wastewater treatment facility. The number of landfill complaints, their general location, as well as the timing is generally what has occurred in the past.

As a result of these discussions, the applicant has agreed to and submitted revised conditions of approval for five of the special use permit conditions of approval. Staff is in agreement with the revised stipulations. Discussion has been held regarding the ability to provide additional landscaping on the northwest berm of the landfill site, and has provided information to the Planning Commission regarding the landscape issue.

During the review period an additional source of odor has been identified in the area. Kansas City, Kansas operates a wastewater treatment plant on 88th Street north of Woodend Road. This location is north of the Kansas River and approximately one-quarter mile north of the Johnson County water intake facility at Renner Road and Holliday Drive. Staff has driven by the location on numerous occasions over the past two months and has identified a strong putrid odor from the facility. It is staff’s opinion that numerous complaints from the Lake Quivira area and along Holliday Drive, east of I-435 of a horrible smell are attributable to this source. This would especially be the case when winds are out of the north, northeast and northwest.

As a result of the ongoing discussions, City staff and Deffenbaugh staff have agreed to the proposed revised conditions presented below. The revisions are indicated in red.

1. Acceptable waste for disposal at this site consists of solid municipal waste, industrial waste, construction and debris waste, brush and wood wastes, chipped or shredded tires, or other non-hazardous waste approved by the Johnson County Environmental Department and/or the Kansas Department of Health and Environment. Wastes that are unacceptable include regulated hazardous waste, polychlorinated biphenyl waste, regulated hazardous waste, regulated non-containerized liquid waste, and dead animals. Sewage sludge may be deposited between the hours of midnight and 4:00 A.M. with notification of appropriate staff and 10:00 A.M. and 3:00 P.M. on weekdays. Yard wastes and debris in the composting piles shall not be worked on Saturdays and Sundays between March 1st and September 30th;

9. The applicant shall provide 24-hour security surveillance around the perimeter of the site, as well as inside the landfill. Additionally, the applicant shall provide personnel to monitor and pick up debris, which may blow out of the landfill site off the property, as well as onto the berm. Deffenbaugh shall provide adequate personnel necessary to monitor and pick up litter, which may blow off the landfill property, as well as onto the perimeter berms adjacent to I-435 and Johnson Drive. Deffenbaugh shall be responsible for monitoring and removal of litter on the following adjoining highways and roadways: Johnson Drive and Holliday Drive; I-435 from Shawnee Mission Parkway to Holliday Drive, including shoulder and median areas; and the intersection of I-435 and Holliday Drive. Removal of litter on I-435 from Shawnee Mission Parkway to Holliday Drive shall be completed twice per week, unless litter is not present. Removal of litter along Holliday Drive from the landfill entrance to the east city limits shall be completed daily, unless litter is not present. Removal of litter from the I-435 (Kansas River) bridge and Johnson Drive overpass is not the responsibility of Deffenbaugh.

28. Roads within the landfill shall be constructed in such a manner to provide dust-free surfaces. Deffenbaugh shall maintain roads within the landfill in such a manner as to minimize air-borne dust from leaving the landfill site. Appropriate dust control measures, such as the application of water and sweeping shall be taken as necessary for on-site roads. General sweeping shall be completed twice per week on the landfill entrance, and the streets, curbs and medians along Holliday Drive from Barker Rd. to the east city limits, weather permitting. Deffenbaugh shall comply with the provisions of the Johnson County Landfill Comprehensive Stormwater Pollution Prevention Plan which is part of the landfill operation permit issued by the Kansas Department of Health and Environment and Shawnee Municipal Code Section 11.12.040 regarding the tracking of material into the streets. Deffenbaugh shall promptly remove all deposits of debris, excess dirt and materials carried from the sanitary landfill operations to onto Holliday Drive from the landfill entrance to the I-435 ramp or otherwise implement measures to prevent tracking of debris, excess dirt, and materials to the above roadway section. 37. The applicant shall perform an odor movement study and atmospheric study of the landfill area by an Engineer approved by the Governing Body within eighteen (18) months to determine the direction of odors and other materials. The devices to be installed shall be selected upon consultation with City staff and Johnson County Environmental Department to detect odors and pollutants from the landfill and there shall be in place mechanisms to suppress odors.

40. The applicant shall continue to research and apply essential oils as an alternate and additional odor masking and neutralization agents in and adjacent to the working face of the landfill.

37. & 40 (combined). 37. Deffenbaugh shall implement the gas collection system plan (including gas collection wells and flare) approved by the Kansas Department of Health and Environment on January 12, 2016, on and complete installation of such plan or before March 1, 2016. Similar gas collection systems shall be installed in future landfill cells at or near the beginning of depositing landfill waste in such cells and extended throughout the life of such cells as needed to effectively regulate and control sanitary land fill gas subject to approval of the Kansas Department of Health and Environment. Deffenbaugh shall implement the following Odor Control Plan to monitor, investigate, respond to and document odor complaints. The Odor Control Plan addresses actions to be undertaken to control landfill gas and other odor coming from the sanitary landfill. While it is understood that the landfill naturally has some odor associated with managing trash, Deffenbaugh shall use its best efforts to apply and maintain odor mitigation systems as necessary to minimize sanitary landfill odors. This Plan includes applying daily cover, masking agents on the perimeter, and odor neutralizing misters, as needed. Deffenbaugh shall respond to odor complaints when received via the City’s online odor complaint form but only if all of the following information is provided to Deffenbaugh at the time of the complaint: name, address, email and phone number (optional), location where the odor was detected, and the time of day it was detected. Deffenbaugh will notify the City’s Planning Director or designee of the investigation and responsive action to the complaint received via the online odor complaint system within 48 hours. The City understands and recognizes that there are other odor sources within the surrounding area and that some odor complaints may not be legitimately associated with Deffenbaugh’s landfill operation.

41. (Current, to become #40.)The special use permit shall be reviewed in nine (9) months two (2) years.

On several occasions staff and the Planning Commission has discussed the need for landscaping along the west and northwest wall of the landfill. The hill is covered with crown vetch, which like most grasses and wild flowers goes dormant in the late fall and winter and becomes brown. In the spring the ground cover retains its green appearance, and flowers a shade of purple. The northwest corner of the landfill is an area where trucks enter and exit to remove rock from inside the landfill where future cells ae being prepared. There are a series of switchback roads to climb the hill that make additional landscaping in the area difficult. Staff and the applicant will continue to review any options that may arise to introduce additional groundcover in the area that can withstand the dust generated in the area.

Staff recommends extension of SUP-13-08-10, a special use permit to operate a solid waste municipal land fill at the southwest corner of I-435 and Holliday Drive, with a review in nine (9) months, subject to the following conditions:

1. Acceptable waste for disposal at this site consists of solid municipal waste, industrial waste, construction and debris waste, brush and wood wastes, chipped or shredded tires, or other non-hazardous waste approved by the Johnson County Environmental Department and/or the Kansas Department of Health and Environment. Wastes that are unacceptable include regulated hazardous waste, polychlorinated biphenyl waste, regulated hazardous waste, regulated non-containerized liquid waste, and dead animals. Sewage sludge may be deposited between the hours of midnight and 4:00 A.M. with notification of appropriate staff and 10:00 A.M. and 3:00 P.M. on weekdays. Yard wastes and debris in the composting piles shall not be worked on Saturdays and Sundays between March 1st and September 30th;

2. The applicant shall consent to the annexation of the Johnson County landfill property located in Shawnee Township and Monticello Township and shall enter into a developer’s agreement regarding this annexation;

3. The property covered under this rezoning and special use permit is limited to the properties generally located in the area subject to a lawsuit settlement in 1986 on the southern portion of the site located in the City prior to annexation, SUP-4-94-6; SUP-10-02-08 and NW-CU-1921;

4. The special use permit is subject to the site plans for all approved expansions of a sanitary landfill as presented in the abovementioned special use permit and conditional use permit application documents;

5. This special use permit shall be for a period of forty-one (41) years commencing with the date the most recent rezoning ordinance is published (until September 25, 2043);

6. The top elevation of the berms constructed on the west side shall be at least 960 feet above sea level, and the final elevation after closure shall be no higher than 985 feet above sea level as indicated on the submitted documents, with this height being at the eastern edge of the property included in this special use permit. The berm on the east side of the landfill (along I-435) shall be constructed to a height of 950 feet above sea level, with the maximum height of the landfill on the eastern side not to exceed 990 feet above sea level as shown on the approved site plan, and the final elevation for the area north of the completed Phase 4, east of completed Phase 1, west of completed Phase 5, and south of the interior main haul road shall not exceed 1,000 feet above sea level at the time of final coverage;

7. The trees along the western ridgeline shall remain and treed areas along the north side shall remain and shall be indicated on a landscape plan to be approved by the Planning Commission. The landscape plan shall include plantings of honey locust, ash, cedars and other native species found in the adjacent forested areas, as well as plantings of native grasses and wildflowers on the berms to be constructed. The landscaping, as shown on the plan, shall be planted as the berms are completed, which shall be prior to any waste being installed in the cells created under this special use permit;

8. Hayes Creek shall be protected and remain free of leachate runoff and refuse contamination;

9. The applicant shall provide 24-hour security surveillance around the perimeter of the site, as well as inside the landfill. Deffenbaugh shall provide adequate personnel necessary to monitor and pick up litter, which may blow off the landfill property, as well as onto the perimeter berms adjacent to I-435 and Johnson Drive. Deffenbaugh shall be responsible for monitoring and removal of litter on the following adjoining highways and roadways: Johnson Drive and Holliday Drive; I-435 from Shawnee Mission Parkway to Holliday Drive, including shoulder and median areas; and the intersection of I-435 and Holliday Drive. Removal of litter on I-435 from Shawnee Mission Parkway to Holliday Drive shall be completed twice per week, unless litter is not present. Removal of litter along Holliday Drive from the landfill entrance to the east city limits shall be completed daily, unless litter is not present. Removal of litter from the I-435 (Kansas River) bridge and Johnson Drive overpass is not the responsibility of Deffenbaugh. Deffenbaugh shall maintain a record of litter complaints, adequately investigate complaints as needed, and document responsive action. The record shall include complaint dates, and dates of responsive action with documentation of responsive communication to the complainant, if known. Deffenbaugh shall maintain and provide such record to the City to be submitted monthly. Deffenbaugh shall provide the City with the name, physical address, phone and electronic address of the contact person for purposes of receiving litter control complaints.

10. The applicant shall request the Governing Body vacate Locust, as well as the Town of Holliday (Waseca) and Cole’s Addition, within 90 days of annexation of the property by the City of Shawnee, and prior to any landfilling or grading being undertaken on the site. The applicant shall provide a plat or deed that will contain right-of-way for a cul-de-sac at the new northern end of Locust;

11. The applicant shall provide temporary and permanent fencing during all landfilling activities on all perimeters adjacent to the landfill. The temporary litter fence shall be constructed adjacent to any working face of the landfill and shall be constructed of a fabric mesh no less than twenty (20’) feet in height. The permanent fencing shall be placed along the outside perimeter of the area to be land filled on top of the berm and shall be of a fabric mesh material at least five to six feet (5′-6′) in height.

12. The applicant shall obtain all required blasting and excavation permits as required by the City of Shawnee;

13. The applicant shall extend the methane gas collection system into all areas of the landfill. In the event the Kansas Department of Health and Environment or Federal Environmental Protection Agencies require different odor control mechanisms to be installed due to improvements in technology, those systems shall be installed;

14. The applicant shall construct the base and sidewalls of the collection cells as outlined in the staff reports and shown on the submitted plans unless changes are made in the regulations or approved by the Kansas Department of Health and Environment prior to completion of the sidewalls;

15. The leachate collection system and monitoring wells shall be installed as approved by the Kansas Department of Health and Environment (KDHE). The applicant shall ensure funds are available to the State to monitor the site by making payments into the State Trust Fund, or other mechanism as determined by the Kansas Department of Health and Environment. The operator shall maintain the present groundwater, leachate and French drain system sampling program and comply with all groundwater monitoring programs, as required by the rules and regulations applicable under Kansas Solid Waste Act, KSA 65-3401 et seq. Such testing shall be conducted on no less than a semi-annual basis through post-closure period, unless a more frequent sampling and monitoring program is required under the Kansas Solid Waste Act.

16. On-site stormwater collection systems shall be constructed and approved by the Kansas Department of Health and Environment;

17. On-site grading and erosion control measures inside the facility shall be constructed and approved by the Kansas Department of Health and Environment, and those measures outside the facility shall be constructed and approved by the City of Shawnee;

18. The applicant shall remove Locust north of the proposed turnaround (north of the Jackson property), in accordance with the Developer’s Agreement approved by the Governing Body. The applicant shall also remove the curb return at Holliday Drive and new curbs placed along the street when Locust is no longer used. The applicant shall dedicate right-of-way and make improvements to the Locust turnaround prior to removal of Locust;

19. The applicant shall petition for a benefit district for the improvement of Holliday Drive to minor arterial standards, as well as associated stormwater drainage systems as outlined in the staff report or to such standards as may be modified by the Governing Body for minor arterial streets prior to its construction. The timing for these improvements shall be outlined in the Developer’s Agreement approved by the Governing Body;

20. The applicant shall submit to the Planning Department copies of all approvals and correspondence with the County or State regarding operation of the sanitary landfill within the corporate limits of the City of Shawnee, as well as any other correspondence regarding deficiencies noted at the site. The applicant shall submit copies of all water quality and underground monitoring reports required to be submitted under the Kansas Solid Waste Act, K.S.A. 65-3401 et seq. to the Kansas Department of Health and Environment to the City, as well as Johnson County Water District No. 1. As well, Johnson County Environmental Department shall send any of their reports directly to the District;

21. The applicant and the Johnson County Environmental Department shall immediately notify the City and Johnson County Water District No. 1 via a designated representative, of any occurrences resulting from the landfill operations that may affect ground or surface water quality.

22. The applicant is responsible for obtaining permits required by the Kansas Division of Water Resources as outlined in the staff report. A copy of all applications and approved permits, or letters of release shall be submitted to the Engineering Division prior to issuance of any grading permits under the City’s jurisdiction;

23. The applicant is responsible for obtaining such permits as may be required by the Army Corps of Engineers for activities covered by Sections 402 and 404 of the Clean Water Act as outlined in the staff report;

24. The applicant shall file copies of reports filed in regard to wetland determinations submitted to the Corps of Engineers. The finding of the Corps shall be filed with the City, and any requirements of the Corps regarding individual permits or mitigation measures shall be completed with documentation from the Corps that such actions have been satisfactorily completed;

25. The applicant shall obtain an Environmental Protection Agency National Pollutant Discharge Elimination System permit from the Kansas Department of Health. A copy of the application shall be filed with the Engineering Division prior to issuance of a grading permit. The permit shall be filed with the Engineering Division upon approval;

26. All conditions of approval shall apply to the current and any future subsidiary of Deffenbaugh Industries. Any other owner of the property shall request a special use permit to continue operations of the Johnson County Landfill;

27. Given the length of time prior to actual placement of waste the applicant shall comply with any new regulations promulgated by the Environmental Protection Agency, Kansas Department of Health and Environment, and Johnson County, which may apply during the lifetime of the landfill;

28. Deffenbaugh shall maintain roads within the landfill in such a manner as to minimize air-borne dust from leaving the landfill site. Appropriate dust control measures, such as the application of water and sweeping shall be taken as necessary for on-site roads. General sweeping shall be completed twice per week on the landfill entrance, and the streets, curbs and medians along Holliday Drive from Barker Rd. to the east city limits, weather permitting. Deffenbaugh shall comply with the provisions of the Johnson County Landfill Comprehensive Stormwater Pollution Prevention Plan which is part of the landfill operation permit issued by the Kansas Department of Health and Environment and Shawnee Municipal Code Section 11.12.040 regarding the tracking of material into the streets. Deffenbaugh shall promptly remove all deposits of debris, excess dirt and materials carried from the sanitary landfill operations to onto Holliday Drive from the landfill entrance to the I-435 ramp or otherwise implement measures to prevent tracking of debris, excess dirt, and materials to the above roadway section.

29. The entrance to the landfill area for truck and vehicular traffic shall be from Holliday Drive, and the entrance from 53rd Street shall be used by employees or office deliveries and shall be closed to container trucks and public traffic. A temporary construction entrance may be placed at the north end of Locust for construction equipment only to construct the berm and items connected with the collection cells, as well as access to the asphalt plant, gravel extraction areas, and ready-mix plants inside the facility;

30. The applicant shall complete closure of the site as indicated on one of the two closure plans submitted by the applicant, or redeveloped in another manner that may be available within five (5) years of closure of the site. This may include a proposal to develop the site for uses other than recreation provided zoning and site plan approval is obtained, should it be necessary. Any closure plan selected shall be approved by the Kansas Department of Health and Environment. The closure plans shall include a golf course, as well as a variety of other recreational activities, unless the community determines an alternate end use plan is more appropriate at that time. Given the length of time prior to closure of the landfill, the applicant shall resubmit the end use plan for review by the Planning Commission and Governing Body to determine if the recreational uses should be changed to reflect current needs of the City, or to select one of the two plans for closure. The applicant shall provide revised closure plans indicating the items noted in the staff report prior to any clearance or other activity on the site;

31. The applicant shall conduct any post-closure monitoring plans through the year 2073 unless otherwise determined by the Kansas Department of Health and Environment. All post-closure monitoring data shall be made available by the operator to Water District No. 1 of Johnson County, Kansas and the City of Shawnee. If at any time during the post-closure monitoring permit, the contaminant levels of any measured contaminant exceeds the Maximum Contaminant Level (MCL), as established by the Kansas Department of Health and Environment, the post-closure monitoring period shall be extended until the contaminant no longer exceeds the MCL, for a period of no less than two years;

32. The applicant shall continue to pay to the City, or on behalf of the City, the costs not to exceed $10,000 in any one calendar year, which commenced in 1996, for an inspection of the landfill operation, and report thereon to the City, made by independent engineers or consultants having expertise in landfill operations or solid waste disposal who is selected by the City when requested by the Governing Body for operations being undertaken in the City. The applicant agrees to cooperate with, and make available to such engineers or consultants, plans and records to facilitate the inspection and report. Said inspection and report shall include, but not limited to, determination of whether the landfill is being operated in compliance with all conditions of approval and with all Federal, State and local laws, rules and regulations and whether the landfill is, in its operation, utilizing the latest technology available in an environmentally safe manner;

33. This special use permit shall be reviewed annually solely to review progress made in preparing this area for landfill operations, as well as to review compliance with the conditions of approval until the berms are constructed, and then reviewed periodically as may be determined by the Planning Commission and Governing Body;

34. The applicant shall revise Map 1 to indicate the proposed solid waste boundary to be inside the location of the storm water drainage way and access road on the perimeter of the site prior to consideration of this request by the Governing Body;

35. Deffenbaugh Industries shall post a bond to cover all impact fees, discounts and free services provided in the City, to be reviewed annually and the value of the bond increased accordingly. Additionally, the City Attorney should review if the assets on Locust and Holliday should be paid for by a fee opposed to the mere vacation of the property;

36. The height of the waste placed in the western portion of the landfill shall not exceed 915 feet above sea level;

37. Deffenbaugh shall implement the gas collection system plan (including gas collection wells and flare) approved by the Kansas Department of Health and Environment on January 12, 2016, on and complete installation of such plan or before March 1, 2016. Similar gas collection systems shall be installed in future landfill cells at or near the beginning of depositing landfill waste in such cells and extended throughout the life of such cells as needed to effectively regulate and control sanitary land fill gas subject to approval of the Kansas Department of Health and Environment.

38. It was suggested the Governing Body review requirements of EPA 40 CFR Part 50, 40 CFR Part 53, and 40 CFR Part 58 relating to air pollution control mechanisms;

39. The applicant shall assure that its contractor operating the methane gas recovery system shall replace the activated carbon absorption system filters at least every 45 days as reviewed by the Johnson County Environmental Department; and

40. The special use permitted reviewed in two (2) years.

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

APPLICANT: Yes. Thank you Mr. Chairman, my name is Curtis Holland and as Paul mentioned I’m the legal counsel to Deffenbaugh and just a couple words; I would like to introduce Jim Murray and Lisa Disbrow who are here both on behalf of Deffenbaugh; and they’ve been with us together in our meeting with Paul and City Manager’s office and legal, City legal in terms of working through the stipulation that we are asking to be approved as part of our request to extend; we went through those pretty thoroughly, covered the gamut of the issues that were raised; the most significant of the issues including the odors and litter and street cleaning and so forth; and I think now the language and the way it’s worded is a little more clear in terms of who is, what we have to do and how we have to do it, if we don’t do it who are we going to call in that case and the city can get a hold of us; and as Paul mentioned, I think we’ve done a really good job, maybe a better job than we had in the past year, but I think our goal is to be more like what we’re seeing in terms of responsiveness and the litter control for example we’ve really got a good handle on that and we are fortunate that the gas collection system that we installed, it wasn’t fully operational when we were here last before you, but it is now and it really has done a really good job of controlling the gas odor out there; so, that’s evident by the decrease in the complaints and so forth that have come in to the city, so I think staff’s happier now; they are having to field less calls and make less trips out there; so, we’re not using as much of their staff resources as may be last year or certainly there was an issue there but we are here, prepared to answer any questions you might have in terms of the operations, any of the stipulations and would request your recommendation for approval and with that I would close. Thank you.

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

MR. HOLLAND: Thank you.

CHAIRMAN BOGINA: As an extension, would this be a public hearing? As an extension of our…

PLANNING DIRECTOR CHAFFEE: No, usually with reviews we don’t have public hearings, but if you’d like to ask if there is anyone from the public who would like to make a comment, you can do that.

CHAIRMAN BOGINA: If there is anyone from the public that wishes to speak on this item now would be the time. Hearing none…so I would, I just have one little question. So, this cell is what percentage of full?

MR. MURRAY: It is close to 65% full.

CHAIRMAN BOGINA: So, when do you project the next cell to open?

MR. MURRAY: We will start construction on this summer and I would say we will probably start putting a fluff layer, the first layer down, to cover up rock, drainage rock we have, we’ll probably start in the fall just to get that covered for winter time and then we’ll be in there and earnest probably after the first of the year; and you have to remember that all the cells lie up against each other, so we won’t completely, it’s not like we go in and 1B, which we built and was a new cell, we’ll completely fill that up, we’ll be filling that in conjunction with the new cell and we still have some airspace left in 1A which we built back in 2011 because it all kind of comes up together.

CHAIRMAN BOGINA: So, do you currently have permission from the state to install the gas system on the cell that you intend to construct in the summer or fall?

MR. MURRAY: Yes we do. Yes.

CHAIRMAN BOGINA: Okay, and do you expect a year from now or how long does it usually take to fill up a cell?

MR. MURRAY: Year, year and a half.

CHAIRMAN BOGINA: So, in a year and a half to think you have that approval consistent with the state or is it just on a case-by-case basis?

MR. MURRAY: Well, every cell has to be designed and approved by KDHE, so we go through that process on every new cell that we build; and, as a part of that process we designed the gas control and collection system and that’s approved as well; so, going forward all of our designs have perimeter collectors before any trash gets up and for them, as long as we show laterals coming up at multiple levels, they are good with it and we get approval from KDHE (inaudible).

CHAIRMAN BOGINA: So, we should never again have a case to where we have abnormal rains or…

MR. MURRAY: Correct.

CHAIRMAN BOGINA: …and then have odor because the gas system will all be placed in advance.

MR. MURRAY: That is correct.

CHAIRMAN BOGINA: All right, thank you. Is there any other questions for the staff or the applicant? Commissioner Wise.

COMMISSIONER WISE: Just a quick...I wanted to thank staff and Deffenbaugh for the thorough detail and revisions of the text. You can tell in the red text, I mean, there was quite a bit of work done on that and I just wanted to thank you guys for your effort on that.

MR. MURRAY: Thank you. Thank the staff as well.

CHAIRMAN BOGINA: Is there any other questions for the staff or the applicant? Commissioner Peterson.

COMMISSIONER PETERSON: My question isn’t exactly to Deffenbaugh but to the finding of the other odor sources and obviously residents who are confused about when we turn the sludge, what actions, you guys of been very proactive in working with Deffenbaugh and Deffenbaugh have been very, they’ve been addressing all of these things, do we inform residents that that process is about to happen or do we just, how do we deal with that?

PLANNING DIRECTOR CHAFFEE: It’s sort of a two-prong answer. If we get the complaint through SeeClickFix and we have the email where we can email the resident back, we will explain to them what the odor is; and generally speaking, these last couple of months they have sort of been clumped together, like will have several, or the first weekend in May we had four or five of them on the fifth and for or five of them on the sixth, so we weren’t surprised, we knew what was going on and we went out and verified and so when we would answer SeeClickFix we would let them know that, you know, generally speaking when you have heavy rains and this is…I mean, not to get too detailed but just a general gist, there’s going to be odor and Deffenbaugh is doing everything they can to do that. Last Thursday we sort of had a pocket, we had three complaints all sort of around Walmart, went out and sort of took a look and driving out Johnson Drive we didn’t smell anything, I noticed there was a softball tournament going up at the Shawnee Mission softball fields and I was hoping that wasn’t smelling up there with people coming into Shawnee and there was nothing out there but once I hit right in front of Walmart, there was just a pocket that was in there and it was definitely the compost smell that was going on then and then I get on over to Shawnee Station and pulled up in front of Kohl’s and rolled the windows down and didn’t smell anything, went over to the PetSmart and didn’t smell anything so sometimes it is fairly localized. Now, Mark went out, last week we had one that just said Alden Street so he hit all the segments of Alden Street from Shawnee Mission Parkway up to the north city limits and he didn’t leave but eight or nine minutes after we got the complaint and drove it we didn’t smell, you know, any anywhere. So, that’s one way that we try and hopefully if people get a response and we can tell them, you know, we think it’s a wastewater treatment plant is what you’re smiling then maybe they learn that that is what the odor is because they all come in, the dump stinks today, well you know, maybe/maybe not; but the other thing we’ll do is after this gets through the Council with their review, working to go back in on our website because we have the old information on their still about when Deffenbaugh was looking at doing the expansion and how they expand and how they built it and so what will do is we’ll go in and were looking at revising that webpage when we can talk about not only what they recently completed what the problem was and how it was completed and then the other sources of odor that are generally, you know, in the area so hopefully we can educate the public just a little bit.

COMMISSIONER PETERSON: Just a follow up to that. I mean, I know the rolling of the sludge is done on a timing and we know when that’s can happen. Have you ever contacted like the Homeowners Associations out there and said hey this can happen, happens every three years, can you tell your people…?

PLANNING DIRECTOR CHAFFEE: Believe me, next year that the sludge gets pulled out, we’ll let them know in advance. With the turnover it just all depends on the weather. Sometimes it may be 15 September, sometimes it may be 30 October, it just depending on the weather conditions. But will put in our little information thing that this happens two times a year and what it is and why it happens and…

COMMISSIONER PETERSON: Just trying to save you guys some response time.

(Inaudible)

CHAIRMAN BOGINA: Commissioner Braley.

COMMISSIONER BRALEY: Thank you, Mr. Chairman. We’ll start with staff, Paul with the recent big item pickup weekend there was some angst out on social media about neighborhoods getting missed…

*Planning Director Chaffee reminded the Commission that the big item pick-up is not part of the SUP Review. Commission is there to discuss the SUP Review and the 40 conditions listed in the staff report.*

CHAIRMAN BOGINA: Is there any other questions for the staff or the applicant? If not, is there a motion on this item? Commissioner Wise.

COMMISSIONER WISE: I’ll make a motion to approve revised SUP-13-08-10; the special use permit for sanitary landfill operations in the PI zoning district for Deffenbaugh Industries as outlined in staff’s comments.

CHAIRMAN BOGINA: I’m sorry, what did you say?

(Inaudible)

CHAIRMAN BOGINA: The stipulations?

COMMISSIONER WISE: The stipulations, yes.

CHAIRMAN BOGINA: Is there a second?

COMMISSIONER WILLOUGHBY: I’ll second.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I’ll second it.

CHAIRMAN BOGINA: Motion and second to approve SUP-13-08-10, a review of the special use permit previously issued to Deffenbaugh industries to allow landfilling operations in the Planned Industrial zoning district located at the southwest corner of Interstate 435 and Holliday Drive, all in favor.

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 9-0; Commissioners Bienhoff and Hill Absent)

CHAIRMAN BOGINA: That takes us to:

E. OTHER BUSINESS

PLANNING DIRECTOR CHAFFEE: Just a couple of items real quick. Wanted to give you an update now that we are a third of the way through the year on building permits and what’s been going on. So far this year we’ve issued 51 single-family residential, last year at this time we had 32, so we’re up about 60% over last year; the house size is a little bigger this year, last year was 2995 ft., this year we’re at 3136 ft.; and the value of construction has also risen which shouldn’t be much of a surprise since the size of the house is also gonna but last year the value, the average value of construction was $182,800 in this year so far it’s $293,800; so, I wanted to let you know things keep moving along pretty well. Prairie Pines has been our only multi-family development that’s been going on and that’s the one out at Johnson Drive and K7 Highway or 55th St. and K7 Highway and they are moving along pretty well; last year they had permits for seven building which were 28 units and this year so far we have 34 units in eight buildings, so about the southern third of that development has building permits on it so they’re finally moving along pretty well.

One other item I want to talk to you little bit about is related to a decision by the state legislature that sort of effects planning a little bit and you all may get questions about it so I wanted to bring you up to speed on what happens and it’s related to cell towers. The telecom industry lobbied the legislature and they passed a bill regarding the placement of cell towers and the small cell towers and big cell towers, so all along in our Zoning Regulations we’ve allowed 60 foot towers, they’re not regulated by the FAA and ham operators have them or utility companies can have them but the utility companies weren’t too keen about them because a lot of times there were trees in the area that were bigger than 60 feet and then they’d have to approach a resident about putting it on their property and books in general weren’t too excited about it so the new legislation allows cell phone companies, cell phone providers, or companies who provide poles for cell phone providers that don’t actually provide the service to place those facilities in the City’s right-of-way, so now we’ll have, and we already got applications in 460 foot towers in the City’s right-of-way so we’ll negotiating those types of contracts they have to get permits and then they also, the state statute allows the utility providers to put their regular cell phone towers inside of the City’s right-of-way and we can’t really, well we can’t turn them down just out and out turned down but, you know, the one nice thing is that if you have zoning regulations already in place, then they still have to follow the zoning regulations though; anything over 60 feet in height still is going to have to have a special use permit if it’s placed in the right-of-way so we get to take a look at that. There is a lot of other parts of the bill we can’t tell them what color the little boxes are that are going to be on these poles theoretically we can’t tell them what the poles can be made of so the first group that came in are for wooden poles to be placed on but one of our stipulations for an SUP is to show that it won’t blow over or ice conditions won’t do something and I think we all know just with electrical lines what happens and we have the snow storms and heavy when, they blow over; so, we’re doing our set of guidelines saying that they are can be metal just like any other cell phone tower we want to see how it’s going to be mounted and you’re going to have a structural engineer sign off on it that it shouldn’t blow over except in the hurricane and icy pictures after hurricane and everything is blown away around it in the cell phone tower is still seeming there intact with the antennas on; so it’s just kind of a weird situation. So, wanted to fill you in a little bit on that little piece of news, so we may see a lot more…

CHAIRMAN BOGINA: Dennis is anxious to ask you a question.

COMMISSIONER BUSBY: Paul, one question for you. Does the state have guidelines for cell phone towers or are we reverting to them?

PLANNING DIRECTOR CHAFFEE: The State has no guidelines and when they pass their legislation, they exempted their rights-of-way. So, you can’t go on KDOT’s right-of-way, the states rights-of-way, but they can go on the City’s.

COMMISSIONER BUSBY: If I was to ask the question of how far in advance we were able to go up and say this really is something we’re not for, do we get an advance of maybe an hour or two before?

PLANNING DIRECTOR CHAFFEE: The first time we had a few days and then the second time in what they call a gut-an-go bill where they gutted the old bill and dumped a bunch of regulations in the new bill and we found out about an hour and a half before. They had the hearing and then the vote on the bill happened at about 1 o’clock on that Sunday evening/Monday morning marathon session that they had. So, I guess maybe all of us were asleep at the wheel when the vote came, I’m not quite sure but anyway. So I just wanted to fill you in. That was really the only planning and zoning related issue that the legislature ended up considering this year. There are a couple other ones out there that were very time-consuming and you wonder why they came up; so, that was the only issue that really relates to the Planning Commission.

CHAIRMAN BOGINA: Thank you. The Commission have any questions/business for the staff? I just have one small thing Paul that I know that these are getting to be more and more popular are these little clothes collection and shoes and I’m sure they are all good causes but it 75th and Nieman on one corner there’s five clump together and then across the street there’s four and it doesn’t seem like…do you think you could have the staff about whether or not, I know that we put trash containers in corrals but if they have more than a couple maybe they need to do something different than…you go out to Walmart and Lowes and they don’t have enough I guess because all the clothes are on the ground.

PLANNING DIRECTOR CHAFFEE: Yeah, I saw the same thing yesterday so…

CHAIRMAN BOGINA: So, as they get more and more popular maybe we need to, but I don’t see this in other cities…

PLANNING DIRECTOR CHAFFEE: Yeah, we can have staff investigate…

CHAIRMAN BOGINA: …I don’t see a proliferation of them in other cities but it seems like that there’s a lot of caring people in Shawnee that they have to have so many.

PLANNING DIRECTOR CHAFFEE: We can see what other cities require.

CHAIRMAN BOGINA: Does the Commission have any other business? If not, Commissioner Somsky do you have a motion?

F. ADJOURNMENT

COMMISSIONER SOMSKY: I move to adjourn.

CHAIRMAN BOGINA: Thank you. Yes, sir.

COMMISSIONER SPECHT: I’ll second that motion.

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

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 9-0; Commissioners Bienhoff and Hill Absent)