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ApprovedPlanningCommissionMeeting.10.17.16.pdfApprovedPlanningCommissionMeeting.10.17.16.pdf


CITY OF SHAWNEE
PLANNING COMMISSION MEETING
MINUTES
October 17, 2016
7:30 P.M.

PLANNING COMMISSIONERS PRESENT STAFF PRESENT
Commissioner Augie Bogina Planning Director Chaffee
Commissioner Bruce Bienhoff Deputy Planning Director Allmon
Commissioner Randy Braley Planning Mark Zielsdorf
Commissioner Rusty Mudgett Administrative Asst. Angie Lind
Commissioner Kathy Peterson
Commissioner John Smith
Commissioner Alan Willoughby
Commissioner Steven Wise

PLANNING COMMISSIONERS ABSENT
Commissioner Dennis Busby
Commissioner Les Smith

(Planning Commission Meeting Called to Order at 7:31 p.m.)

A. ROLL CALL

CHAIRMAN BOGINA: Good evening and welcome to the October 17, 2016 meeting of the Shawnee Planning Commission. We’ll start with roll call. Commissioner Braley.

COMMISSIONER BRALEY: Present.

CHAIRMAN BOGINA: Commissioner John Smith.

COMMISSIONER JOHN SMITH: Present.

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 is absent. Commissioner Bogina is here. Commissioner Wise.

COMMISSIONER WISE: Here.

CHAIRMAN BOGINA: Commissioner Les Smith is absent. Commissioner Mudgett.

COMMISSIONER MUDGETT: Here.

CHAIRMAN BOGINA: Thank you.

B. PLEDGE OF ALLEGIANCE

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

(Pledge of Allegiance)

CHAIRMAN BOGINA: Thank you.

C. CONSENT ITEMS

1. APPROVE MINUTES FROM THE PLANNING COMMISSION MEETING OF OCTOBER 3, 2016.

2. SUP-12-99-09; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO VICKY REED, TO OPERATE AN IN-HOME ONE-CHAIR BEAUTY SHOP IN THE RS (RESIDENTIAL SUBURBAN) ZONING DISTRICT, LOCATED AT 18641 MIDLAND DRIVE.

3. SUP-08-02-08; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO SHARON LANE NURSING HOME, FOR A SKILLED NURSING FACILITY IN THE PROFESSIONAL OFFICE ZONING DISTRICT, LOCATED AT 10315 JOHNSON DRIVE.

4. SUP-03-91-06; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO RHONDA RIGDON, TO OPERATE A ONE-CHAIR BEAUTY SALON IN HER HOME IN THE SINGLE FAMILY RESIDENTIAL ZONING DISTRICT, LOCATED AT 7110 SUMMIT.

5. SUP-10-87-09; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO MONTICELLO UNITED METHODIST CHURCH, TO OPERATE A CHILD CARE CENTER FOR UP TO 96 CHILDREN IN THE AGRICULTURAL ZONING DISTRICT, LOCATED AT 23860 W 75TH STREET.
6. SUP-13-02-10; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO MARANATHA DAYCARE AND PRESCHOOL, TO OPERATE A DAYCARE AND PRESCHOOL FOR UP TO 92 CHILDREN IN THE AGRICULTURAL ZONING DISTRICT, LOCATED AT 15000 W. 63
rd STREET.

7. SUP-10-90-09; REVIEW OF THE SPECIAL USE PERMIT PREVIOUSLY ISSUED TO PUBLIC STORAGE, FOR A LIVE-IN WATCHMAN QUARTERS IN THE PLANNED INDUSTRIAL ZONING DISTRICT, LOCATED AT 6885 HEDGE LANE TERRACE.

CHAIRMAN BOGINA: C is the Consent Agenda. Items 1 through 7 are listed the Consent Items Agenda. Unless there was 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 Mudgett?

COMMISSIONER MUDGETT: I move to approve as presented.

CHAIRMAN BOGINA: Thank you. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Second.

CHAIRMAN BOGINA: There’s a motion and a second to approve Items 1 through 7 of the Consent Agenda. All in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes. Thank you.


(Motion passed 8-0; Dennis Busby, Les Smith absent)

D. NEW BUSINESS

1. Z-04-16-10; REZONING FROM AGRICULTURAL TO COMMERCIAL HIGHWAY AND PREPLAT-17-16-10; PRELIMINARY PLAT FOR ZARDA BUSINESS PARK, A THREE-LOT COMMERCIAL SUBDIVISION LOCATED IN THE 22700-22800 BLOCKS OF W. 71ST STREET. THE APPLICATION IS FILED BY GEORGE BUTLER & ASSOCIATES FOR BBT ZARDA, LLC, DEVELOPER.

CHAIRMAN BOGINA: This takes us to Item D, which is New Business. Z-04-16-10; a Rezoning from Agricultural to Commercial Highway and Preplat-17-16-10; Preliminary Plat for Zarda Business Park, a Three-lot Commercial Subdivision Located in the 22700-22800 Blocks of w. 71st Street. The Application is Filed by George Butler & Associates for BBT Zarda, LLC, Developer.

MR. ZIELSDORF: Good evening. Mark Zielsdorf, City Planning staff. The area of rezoning is made of three parcels, a total of ten acres. These parcels are unplatted and are zoned agricultural. The parcels contained a single family home and a barn up until about 2009 when these structures were removed. The property has since remained vacant. During this same time, the City, through a street benefit district, constructed the southerly extension of Silverheel Street from the existing Shawnee Crossings development to 71st Street in anticipation of spurring office and retail development in the area. The area west of Silverheel Street is zoned CH (Commercial Highway) as is a small area immediately east of Silverheel. And that would be this area here and this little area here. This rezoning request is for the ten acres just east of the CH zoned property on the east side of Silverheel, which would be this strip right here.

Property to the north is zoned PUDOC (Planned Unit Development Office Commercial). This property is platted as Shawnee Crossings Retail Center and is developed with office and retail uses. A 40 acre unplatted parcel is located to the east. This parcel is zoned Agricultural and consists of open pasture and range land. Adjacent to the south is 71st Street. And property south of 71st Street is zoned PUDMR (Planned Unit

Development Mixed Residential) and is developed with townhomes of the Willow Ridge subdivision. Property to the west is zoned Commercial Highway (CH) and is owned by the applicant and part of a proposed preliminary plat for a three lot commercial development.

The Land Use Guide of the Comprehensive Plan depicts office and commercial uses for this area of the rezoning. The Comprehensive Plan indicates the combination of office and retail uses for the area along Silverheel between the existing Shawnee Crossings development and 71st Street. The Commercial Highway zoning district permits both office and retail uses. The rezoning request will provide one zoning district on the east side of Silverheel that will allow for ample lot width and depth to accommodate the office and retail uses.

Access to the property will be from Silverheel Street and the proposed 70th Street as part of a proposed preliminary plat that includes the CH zoned property adjacent to the west.

The character of the area will change somewhat with the rezoning and associated proposed plat, as it will allow for the extension of similar office and retail uses that exist to the north in the Shawnee Crossings Retail Center development.

Approval of the rezoning should have little detrimental effect upon surrounding properties. The development of office and retail uses in this area along Silverheel Street south to 71st Street has been shown and anticipated by the City’s Comprehensive Plan for several years. This property will be surrounded with similar uses to the west along K-7 Highway, to the north in Shawnee Crossings Retail Center and eventually on the undeveloped property to the east.

Denial of the request would not appear to benefit the health and welfare of the community as a whole. The request will provide an expansion of the existing and anticipated commercial development patterns in the area. Additional office and commercial opportunities in this area and enhancement of Shawnee’s daytime population has been a stated goal of the Planning Commission and the City Council.

The applicant requests preliminary plat approval for a commercial subdivision. The preliminary plat contains three lots and two tracts on 33.02 acres.


(Off Record Talking)

The property is located along the west and east sides of Silverheel Street, north of 71st

Street. The property is currently unplatted and undeveloped. The majority of the property is zoned CH (Commercial Highway) with the ten acres along the east side is currently zoned AG with a request to be rezoned to Commercial Highway. Final plat and site plan approval will be required prior to any new development on the site.

Again, the Land Use Guide of the Comprehensive Plan anticipates office and commercial development for this area east of K-7 Highway, between Shawnee Crossings to the north and 71st Street to the south. The preliminary plat for this subdivision indicates the creation of three lots for office and commercial use. And the preliminary plat is in general conformance with the Plan.

All bulk requirements of the CH zoning district have been satisfied. Lot 1 contains 5.01 acres. Lot 2 contains 4.6 acres and Lot 3 contains 10.3 acres. Lot 3 could be further subdivided in the future, provided minimum lot size and frontage requirements are met. All three lots exceed the minimum requirements of the Commercial Highway zoning district of 10,000 square feet in size and 100 feet of frontage along a public street. A 30-foot building line has been shown along all street right-of-way lines as required in the CH zoning district.

The plat also shows two tracts totaling approximately nine acres. Tract A is 3.6 acres in size and located east of Silverheel Street and north of Lot 1. This tract contains an existing streamway and will be left mostly undisturbed. It will contain a Sanitary Sewer easement (S/E), a Drainage easement (D/E), and a Stormwater Management easement (SM/E). Tract B is 5. 4 acres in size and is located along the north and west of Lot 3. This tract also contains existing streamways that will be left mostly undisturbed. This tract will contain Sanitary Sewer (S/E), Drainage (D/E), and Stormwater Management (SM/E) easements, as well as a large water main easement running parallel to the east right-of-way line of K-7 Highway.

The applicant will be required to submit a business owner’s association declaration and any covenant, conditions and restriction declarations with the submittal of the final plat that addresses the perpetual ownership and maintenance responsibilities of these common tracts and the stormwater facilities contained within the tracts.

These lots in this development will be served by a public sewer system.

Right-of-way for a future roundabout at Silverheel and 71st Street has been provided, although a roundabout will not be constructed as part of the development at this time.

Seventieth (70th) Street will be extended from Silverheel Street to the east property line and end with a temporary turnaround. It is the City’s intent that 70th Street will be extended in the future at such time that the property to the east develops. Access to the lots within this subdivision will be from commercial drive approaches off of Silverheel and 70th Streets. The location of the drive approaches will be determined at the time site plans are considered and approved for each lot. And access control has been provided along the K-7 Highway frontage to prevent any access to the highway, and along 71st Street and portions of Silverheel Street to prevent access within the functional area of the future roundabout.

The proposed access and lot layout 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.

And Seventieth (70th) Street shall be constructed as a modified local service street. The street lighting system required for this development shall be designed in accordance with the Shawnee Design and Construction Manual.

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

The applicant has 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.

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 a regional preserved native vegetation to meet a Level of Service of 6.2 for the overall subdivision. And then each individual lot will be responsible for providing an additional Level of Service of 0.8.

All Stormwater Treatment Facilities (STF) required for this development shall be designed in accordance with the Shawnee Design and Construction Manual.

This development is not subject to the provisions of SMC, Chapter 11.24, Stormwater Detention. The applicant submitted a Preliminary Stormwater Drainage Study stating that there were no known downstream flooding concerns as defined by the Shawnee Design and Construction Manual. Since detention is not required, the applicant is responsible for paying a stormwater detention fee.

An open channel is located on this site that meets the requirements for a stream corridor as required by the Shawnee Design and Construction Manual. And as such, the applicant is responsible for providing a stream corridor on the final plat. The stream corridor for this site has a required setback of 40 feet each way as measured from the Ordinary High Water Mark (OHWM).

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 estimated excise tax for this development is $309,254.86 calculated on a taxable area of roughly 1,438,394.7 square feet (33.021 acres) at the current rate of $0.215 per square foot.

Silverheel Street was constructed as part of a street benefit district. Therefore, the development site is eligible for a credit against the excise tax of $1,414,244. And then based on this credit there would be no excise tax due for this plat.

This subdivision is also subject to the provisions of (SMC) 12.14, Park and Recreational Land Use Fund. And open space fees in the amount of $0.04 per square foot of platted lot area shall be paid prior to the issuance of a building permit.

As far as staff’s recommendation, this rezoning will allow the ten acres to have the same zoning classification as the adjacent property the applicant currently owns east of Silverheel Street and provide adequate lot size for office/commercial development the City desires for this area as indicated in the Comprehensive Plan. Staff recommends approval of Z-04-16-10, rezoning from AG (Agricultural) to CH (Commercial Highway) for 10 acres located in the 22700 to 22800 blocks of W. 71st Street, subject to Condition Number 1. Staff also recommends approval of Preplat-17-16-10, Preliminary Plat of Zarda Business Park, a commercial subdivision, subject to Conditions 2 through 21. And the referenced conditions are as follows:

1. Approval of the rezoning by the Governing Body and publication of the rezoning ordinance;

2. The preliminary plat is subject to the rezoning approval by the Governing Body;

3. Acceptance of the dedications on the final plat(s) by the Shawnee Governing Body and recording of the final plat(s) with the Johnson County Register of Deeds, along with site plan approval for Lots 1, 2, and 3 by the Shawnee Planning Commission shall be completed prior to issuance of any building permits for those lots;

4. The provisions of the excise tax shall be satisfied prior to the Mayor signing the recording copies of the final plat. And based on available credits, no excise tax will be owed for the area contained within this plat;

5. Open space fees in the amount of $0.04 per square foot of platted lot area shall be paid prior to the issuance of a building permit. Open space fees are estimated to be $8,728.61 for Lot 1, $8,066.28 for Lot 2, and $18,012.33 for Lot 3;

6. This subdivision shall be subject to all bulk and use requirements of the CH zoning district;

7. The applicant shall submit a business owner’s association declaration and any covenants, conditions and restriction declarations with the submittal of the final plat that addresses the perpetual ownership and maintenance responsibilities of the common tracts and the storm water facilities contained within the tracts;

8. 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 and as detailed within the staff report;

9. The right of controlled-access shall be dedicated to the City to restrict direct access from the lots within this subdivision to the points as indicated on the plat;

10. The street lighting system required for this development shall be designed in accordance with the Shawnee Design and Construction Manual and is detailed within the staff report;

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

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

13. This development is subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities. All STFs required for this development shall be designed in accordance with the Shawnee Design and Construction Manual and as detailed within the staff report;

14. This development is not subject to the provisions of SMC, Chapter 11.24, Stormwater Detention, which pertains to the construction and maintenance of on-site stormwater detention facilities. Since detention is not required, the applicant is responsible for paying the stormwater detention fee. The fee is required to be paid to the City prior to the recording of the Final Plat;

15. An open channel is located on this site that meets the requirements for a stream corridor as required by the Shawnee Design and Construction Manual. The applicant is responsible for providing a stream corridor on the final plat and complying with the requirements as detailed within the staff report;

16. 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;

17. All utilities shall be placed underground. When an easement is needed specifically for either a sanitary or stormwater sewer, this easement must specify the intended use;

18. 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 or 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;

19. All fire hydrants with compliant fire-flows, and fire lanes as required by the Fire Department, shall be installed and approved prior to issuance of a building permit. Minimum fire-flow and flow duration shall be as specified in Table B105.1 of the International Fire Code. Fire-flow is measured at a 20 psi residual pressure.

20. 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 the U.S. Army Corps of Engineers (USACE); and

21. 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?


(Off Record Talking)

MR. ZARDA: My name is Tom Zarda. I live at (Address Omitted), Shawnee, Kansas 66227. I am the applicant. I am the owner/manager of BBT Zarda, LLC and I’m just here to answer any questions you might have regarding this rezoning plat request.

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

MR. ZARDA: Pardon me?

CHAIRMAN BOGINA: Have you read the staff report?

MR. ZARDA: Yes, I have.

CHAIRMAN BOGINA: And are you in agree with the 21 conditions of the staff?

MR. ZARDA: Yes, I am.

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

COMMISSIONER WILLOUGHBY: So, Tom, if you take the three lots and the two tracts and there’s about another four acres besides that that’s included, is that Silverheel and 70th Street? If you add up all the acres of the --

MR. ZARDA: If you add up all the acres of the three lots and the two tracts --

COMMISSIONER WILLOUGHBY: Two tracts.

MR. ZARDA: -- you’re right at 30 acres of property.

COMMISSIONER WILLOUGHBY: 28.91, yeah.

MR. ZARDA: Yeah. Yes.

COMMISSIONER WILLOUGHBY: And so there’s 33.02 in the whole thing?

MR. ZARDA: Yes. Yes.

COMMISSIONER WILLOUGHBY: Is that --

MR. ZARDA: Well --

COMMISSIONER WILLOUGHBY: Is that Silver --

MR. ZIELSDORF: Here, I can answer that.

MR. ZARDA: Yeah. I think you can --

MR. ZIELSDORF: Mr. Willoughby, that -- basically if you look on the plat it’s got a square footage breakdown over here.

COMMISSIONER WILLOUGHBY: Okay.

MR. ZIELSDORF: And so, yeah, between the three lots, the two tracts and then the right-of-way area, that all equals the 33 acres.

COMMISSIONER WILLOUGHBY: The right-of-way, okay.

MR. ZIELSDORF: Yes.

MR. ZARDA: Including the right-of-way, yes.

COMMISSIONER WILLOUGHBY: That’s what the rest of it is.

MR. ZIELSDORF: Yes.

MR. ZARDA: Yeah.

COMMISSIONER WILLOUGHBY: Okay.

MR. ZIELSDORF: But even though Silverheel is already constructed we’re platting the right-of-way with this plat because he’s got lots on both sides of it.

COMMISSIONER WILLOUGHBY: Good. Thanks. I’ve got another question.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: So, another question. It says the final plat and the site plan approval for each lot, I mean, it says for all the lots before any building permits will be issued for these lots. But it’s lot by lot still, right? You can do one lot at a time?

MR. ZARDA: Yes.

COMMISSIONER WILLOUGHBY: Okay.

MR. ZARDA: That’s the way I understand it, yes.

COMMISSIONER WILLOUGHBY: Thank you.

CHAIRMAN BOGINA: Thank you. There’s a public hearing on the rezoning and the plat approval. Is there anyone from the public that wishes to speak on this item? Yes, sir. Could you give us your name and address first, please?

Public Comment:

MR. DURBIN: Yes, sir. My name is Kris Durbin. I’m at (Address Omitted). I live in the Willow Ridge subdivision directly south of this proposed business venture. I would like to move that the Commission and the City deny this rezoning for the betterment of the residential community. Currently Silverheel Street between Shawnee Crossings and 75th Street is not a commercial thoroughfare. And adding this commercial venture would create additional commercial traffic that would be against the benefit of our community. There is a number of empty office spaces and other businesses currently in the Shawnee Crossings complex. In the past couple of years there’s been two restaurants, two banks and a very large software company that have all abandoned their buildings, and they are all sitting empty at this time. Adding additional businesses to this community would be detrimental to our property values at this time. We can’t have additional office spaces sitting vacant and unused when businesses are leaving our community. It just has a bad impression on our community. It has a bad impression of this area and I think we’re inviting more trouble. Additionally, we don’t want to see that additional traffic on Silverheel. You’re looking at some potential issues by creating off-highway traffic coming from Kansas Highway 7 northbound onto 75th Street. That is not an exit ramp. That is a one lane change to turn off of K-7 onto 75th Street. I don’t think the infrastructure would allow for this type of development and that much more traffic coming through. There are homes in our community that currently sit on Silverheel Street south of this proposed development. So, Silverheel Street is not like other communities in this general area where the homes are back away from the main road. We do have homes, including my own that backs up to Silverheel. And that additional traffic again would be very unpleasant and would be detrimental to our property values. I’d like to also suggest that this land might be of historical importance. The Santa Fe, Oregon and California Trails crossed just adjacent south to this property. And I’m not sure if appropriate research has been done to determine whether this property contains historical importance and additional research might be necessary. And I’d also like to point out that the zoning sign that was placed on this property was perpendicular to Silverheel Street, which is where a majority of the traffic goes through. That sign was not visible to most people in our community. And I would say that we’d probably have a lot more people from our community here if that sign was visible to those of us that are going to be impacted by this development. That’s all.

CHAIRMAN BOGINA: Thank you. Mark, could you discuss the street patterns and the --

MR. ZIELSDORF: I’m sorry.

CHAIRMAN BOGINA: And could you discuss the widths both north and south of Silverheel and what the projected existing -- and what sizes they were built for, the number of vehicles if you know?

MR. ZIELSDORF: I can’t speak to the number of vehicles. I know when Silverheel was constructed it was constructed with the forethought that this property would be developed with office and commercial uses. So, it was constructed to handle the additional traffic.

CHAIRMAN BOGINA: Has anybody ever discussed the historical uses of the Santa Fe-Oregon Trails on this site?

MR. ZIELSDORF: No. No.

CHAIRMAN BOGINA: Thank you. Thank you. Ma’am, did you have something?

MS. JOHNSON: Would it be possible for me to borrow your original schematic that you got?

MR. ZIELSDORF: Yeah.

CHAIRMAN BOGINA: Could you first give us your name and address when you’re ready.

MS. JOHNSON: I am Christy Johnson. I’m at (Address Omitted), Shawnee, Kansas 66227.

CHAIRMAN BOGINA: Thank you.

MS. JOHNSON: And I’m the President of Willow Ridge Homeowners Association. And so I’d just like to say first of all I concur with absolutely everything Kris said, but nobody has mentioned the fact that there is an elementary school literally a block and a half from the corner of, what is it, 71st and Silverheel? And all of our children walk to school along these streets where everybody is -- 33 acres of retail and commercial space is an awfully lot of retail and commercial space when you bought your property so you could be tucked back in western Shawnee is a relatively low traffic area. I’ve lived there since ‘09 and I’ve enjoyed the peace and quiet. And I was little bit horrified when I saw this because also, as Kris said, we have so much vacant commercial property over there. I mean, when you make that right, you know, when you’re coming from Price Chopper, you make that right up there and the first thing you see is Perceptive Software, which is a massive building that nobody is in. It’s a ghost town. And I don’t really understand from the restaurant closings and other things that we’ve had over there how it’s practical to put more retail space up there. And frankly 33 acres of potential retail and commercial property is an awfully lot when it’s in your back yard. These houses that back up to 71st Street that have that long skinny plat that is literally in their back yard. So, all that traffic will be in their back yard. There’s a bus stop on that corner. There’s a bus stop at 71st and Aminda. And there’s a bus stop at every single stop sign all the way down Silverheel where our kids get picked up to go to Mill Creek. I don’t think I really have anything to add, but again like I said I do think it will affect our property values. Again, part of the reason that I purchased back there was because I kind of wanted that western Shawnee more rural feel. And I also selected it because of the awesome school district. But I will say that putting 33 acres worth of retail and stuff and parking and traffic is detrimentally going to affect my neighborhood.

CHAIRMAN BOGINA: Thank you. Yes, ma’am.

MS. WOLTERS: My name is Kathy Wolters.

MS. LIND: If you’ll speak into the microphone please.

MS. WOLTERS: My name is Kathy Wolters. I live at (Address Omitted), Shawnee 66227. Both of my cohorts here have really told the story about what our subdivision is like. But I don’t think that anyone has even tried to see how narrow Silverheel is. It makes a terrible curve and it’s hard for us to manage it let alone have a whole bunch of realtors coming in or businesses coming in that don’t know which way to go. We’re trying to redecorate that part of Silverheel and we understand from the City that that’s Willow Ridge’s island so that we’re having to manage that. And now if they’re going to put commercial housing or commercial businesses in there, we’re talking about Silverheel having so much more traffic that the street will not bear that. We have such a little space to even get out on 75th Street. And we either have to go to 83rd Street to get out or else we have to go back to Shawnee Mission Parkway. And as they pointed out before we have so many empty buildings there. Somebody should come and take a look at that. It’s just -- it’s like a ghost town and then you’re talking about building more commercial buildings. So, I think that all of us, if we had known that this was a meeting for the whole subdivision we would have all been here to say the very same thing. There’s just too many people that are being affected by this. Not that we don’t want the business, but just not there.

CHAIRMAN BOGINA: Thank you. Yes, sir. After you speak would you mind signing the form? Thank you.

MR. PLUCKNETT: I’m Dave Plucknett. I’m at (Address Omitted) which is the Madison Heights Homeowners Association subdivision. I’m the secretary. We’re directly west past the 40 acres. One of the things, I agree with everything they’ve said. One of the things that you have to keep in mind is you do have the school district and you may have had in future planning of making some of this commercial. However, in your planning you also had Monticello Road to be expanded. Right now if you have drove on Monticello, what, south of Shawnee Mission Parkway, I mean, that’s a dangerous road. And that’s part of the reason why Silverheel, although your busses come that route because of the danger coming up that road. You know, it’s not even a -- you don’t even have a stripe down it. You’ve done some repair you’re supposed to do. Expand that road and fix that road. Had some matching funds that, you know, the economy collapsed. So, that is not a viable -- at one time that was supposed to be developed. Now, so you don’t have a viable school route for those busses already. So, if you put commercial on the side, you’re just making it more of a danger to all the traffic. And where I’m talking about is if you -- Monticello they come around West 71st Terrace is where the busses, but Monticello, are you guys all familiar with Monticello and the troubles? I assume if you’ve been on this you’ve heard about it. It’s been complained about by anybody that lives over in that area. If that road was a viable road that could handle the traffic and that, but you’re pushing all this commercial. And then you throw 75th Street, and like they said off of K-7, that’s not a viable exit. I mean, it’s dangerousness enough if I’m coming, you know, you tried to fix that interchange a little bit and make it a little safer. But that’s not made for traffic at all. So, if you put commercial -- so, the only way you can get into that commercial is to basically go on Shawnee Mission Parkway, go to whatever little road that comes down and go around that area by Perceptive. So, you have basically one viable entrance into there. Silverheel may be as wide enough going up to that commercial, but then it shrinks down into two lanes through that commercial area. It’s not viable to handle commercial in that area especially when you have Perceptive. They just closed Red Robin (Ruby Tuesday). None of the commercial is staying viable up in that area. And you have land around right next to that that can be developed as commercial. So, as a Planning Commission, can we try to develop some of that other area around the other commercial instead of having gaps amongst the different commercial to open another area to put office space where you have empty office space? Or I don’t, you know, we don’t know what type of commercial they’re going to be in there. I assume it’s going to be office space. My other question to you if I have -- since I live in Madison Heights is the 40 acres adjacent to that. Right now it’s AG, but I know that, you know, anything can change. If you put in commercial there, what would you put in there? Multi-housing? Ideally what is it, the future plans for that because you’re right by a school district, so that’s another thing to consider? I mean you have a great school right there. And we have enough concerns about busses and that’s part of the reason they developed Silverheel is to relieve because you guys didn’t develop Monticello. And that’s a dangerous thing now with the busses coming down. It scares me to death every time because I purposely go down Silverheel because I don’t like Monticello. With that hill and the bumps and there’s no lines, there’s no curbs, there’s nothing there. And the [inaudible] part of the reason I bought in Madison Heights knowing Monticello was going to be developed. So, as a City Planning Commission you should not develop that area more with commercial and put more traffic over there until you fix at least Monticello because that’s viable to relieve. And then you have the 71st Street interchange. You need to put more than one entrance into there. For that commercial there is no way in there other Shawnee Mission Parkway that’s viable. And then you have to come through all that area. And then you have all that. You have empty lots around existing commercial space. And you have space that isn’t being supported now that businesses are rotating in and out of there if you look at it. So, as a Planning Commission looking ahead, why don’t we focus on developing what we have in place now and, yes, you can maybe go there, but there’s two things. You have to develop the other area first, fix Monticello, then maybe you can address this. But why expand into an area where you have all this dead space in between. And then you have access problems. You’re going to cause a huge problem like you said for school children and the busses because right now that’s the one clean area the bus can go through. I know they use Monticello, but when you run into a bus on Monticello, it’s not a fun thing in your car and traffic period. So, just from future development. And you have Perceptive there, so there’s a lot of opportunity to the north without doing this at this time. There’s some things that need to be fixed first. And like I said the one access, 75th is not a viable commercial access. It’s not even an interchange I like to drive if I’m K-7 to exit off of. Because you’re going from the 60 miles per hour into a short turn lane if you’re going north. If you’re going south, you have that little funky, if you ever made that turn that’s a little funky little turn, too. So, that isn’t a viable commercial that you want to add. If you’re going to take additional traffic because that might be closer that’s going to make that interchange a lot more dangerous. So, you’re basically making people drive a long way to get into that office space. So, I don’t see the viability of developing the office space until you fix the traffic flow problem either. Some things to consider.

CHAIRMAN BOGINA: Thank you. Just a second. Paul, could you let the gentleman know, could you let us know what the projected AG zoning is of the 40 acres?

MR. CHAFFEE: The 40 acres, which is the Webb property, on the Future Land Use Guide shows it is being developed as office service type uses in this area and has been shown that way for many years. One thing that probably needs to be perhaps reiterated, we’re not looking at rezoning 33 acres. There is 23 acres that are already zoned Commercial Highway. And the City about eight years ago funded a benefit district to make the improvements to Silverheel and constructed it to handle the office and commercial traffic that the City anticipated in the area. So, the only piece on the rezoning is the back ten acres of the same property that Mr. Zarda owns and it would bring the entire parcel into the same zoning district basically. So, you know, any discussion of rezoning 33 acres that’s not what’s happening here this evening. So, just wanted to clarify that.

CHAIRMAN BOGINA: Thank you. Yes, ma’am.

MS. BARCUS: I’m Anne Barcus. I’m at (Address Omitted). And I wanted to just talk about Silverheel a little bit. When I leave my home I either go to the right or to the left, either 72nd Street or Terrace to get to Silverheel. And both of them because the street Silverheel is quite enough now, it’s a little easier to pull out, but it’s almost nearly impossible on 72nd Terrace to go either to the right or the left without the concern of traffic that could be coming along that area if we had much more traffic than what we have now. It’s kind of a pull-out situation of two blind spots. And I might elaborate too that we have a park on Silverheel that belongs to our neighborhood as well and it faces Silverheel. It’s right along there. So, I just wanted to talk about the traffic situation there and how it might be a little difficult for people to pull in and out, even more difficult than it is now.

CHAIRMAN BOGINA: Thank you.


(Off Record Whispering)

CHAIRMAN BOGINA: Yes, ma’am. You have to be brief since you’re on your second shot. But you have to come up to the microphone. So, the meetings are recorded through the microphone system.

MS. JOHNSON: Apologies. I just wanted to add that also just immediately to the north of the area that they’re talking about there is also two daycare centers already. So, in addition to Horizon there is also Canterbury Academy and I believe the other one is called Goddard. So, it’s not just Horizon Elementary. There is like kind of a, sort of a little, you know, bundle of childcare going on in that particular area.

CHAIRMAN BOGINA: Thank you. What was your name again?

MS. JOHNSON: Christy Johnson. Do you want me to sign again?

MS. LIND: No.

MR. DURBIN: Can I have my second go as well?

CHAIRMAN BOGINA: Real short.

MR. DURBIN: Real short. I understand that the 23 acres was already zoned as Commercial Highway prior to this applicant requesting the additional 10-15 acres. I would argue, and I don’t know this as a fact, but I would argue that that initial 23 acres zoned as Commercial Highway was intended for Highway Kansas 7 use, not Silverheel Street, as is all of that Commercial Highway land in that vicinity. So, I would suggest that we’re trying to use Silverheel as an easier access point to those properties when that’s not what it was designed to do.

CHAIRMAN BOGINA: Thank you.

MS. LIND: What was your name again?

MR. DURBIN: Kris Durbin.

CHAIRMAN BOGINA: Yes, sir

MR. ALAPATT: Anthony Alapatt. Address (Address Omitted), Shawnee, Kansas 66227. My home backs onto Silverheel Street on 72nd Terrace. And like one of the members attested, it is not comfortable to exit 72nd Terrace into Silverheel. I have a two year old that plays in the back yard. The Silverheel speed limit goes from I believe 35 to 25 very abruptly. And I don’t believe it’s planned for heavy traffic. One of the reasons we purchased our home back in 2013 was the elementary school district value and, of course, the property value that goes along with that. I believe that this is going to be compromised. I remember visiting Buffalo, New York and it’s a ghost town. Just thinking about all the empty lots north of 71st Street on Shawnee Crossings, I don’t understand how this is going to be helpful unless we get some kind of a guarantee that this is going to be a daycare or something where it benefits the residents of the community. Thank you.

CHAIRMAN BOGINA: Thank you. Paul, did you have something?

MR. CHAFFEE: I believe Commissioner Bienhoff would like a clarification on the access to K-7 Highway. Access on K-7 Highway is restricted/limited access, so there never was -- when K-7 was built the access onto K-7 was taken away many, many, many years ago. So, when this property was initially developed and Silverheel put through these properties never had access to K-7 Highway. Very similar to what goes on in Willow Ridge to the southeast of Silverheel. It’s developed with some townhomes and a little further this one cul-de-sac area is developed for single family residential. But even in this -- in the Willow Ridge remaining properties that are between K-7 and Silverheel there is no access onto K-7. Those are basically what are the old mile streets 83rd, 75th, Shawnee Mission Parkway. Clear Creek Parkway, that access was taken away. And as you all are aware we have the overpass now at Clear Creek Parkway. And we have the improvements with the interchange at Johnson Drive. Also access is now limited at 71st Street. Years and years and years ago before K-7 was there it was platted all the way across. So, any development that would happen there would be an overpass similar to what you’d see at Clear Creek Parkway if and when that time ever came. That’s why you have the series of frontage roads similar to Silverheel on the other side of the street where you have Hedge. Hedge Lane Terrace serves that similar function and Villas of -- this area in here has no access to K-7 Highway nor do any of these properties. So, just wanted to clarify the point that this property and properties all up and down K-7 Highway don’t have direct access to the highway nor was it intended that way.

CHAIRMAN BOGINA: Thank you. Does anyone else? Okay. Really, really short.

MR. DURBIN: I’d like to say that I believe that that’s inaccurate statement. We do have direct access on and off of Kansas Highway 7 from 75th Street --

MR. CHAFFEE: Correct.

MR. DURBIN: -- which is directly connected to Silverheel Street.

CHAIRMAN BOGINA: Thank you.

MR. CHAFFEE: Except that’s not adjacent to this property.

CHAIRMAN BOGINA: Mr. Zarda, would you like to make a few comments?

MR. ZARDA: Thank you very much. Tom Zarda again. I’m sorry to cause such a controversy here. But you have to understand that the property that we are asking for rezoning, there’s 10 acres there, there’s already 24 acres that are zoned. And this ten acres added to the 24, and we try to be very, very cognizant of over-developing that area there. So, we have dedicated Tract 1 and Tract 2 taken off of that. So, really when it comes down to the developable ground that we’re talking about when you put it all together is going to be probably less than 20 acres. So, you could develop 24 acres there now. But with us putting this all together, dedicating to the streamways, et cetera, we’re going to wind up with what’s just barely 20 acres of developable ground which is four acres less than could really be developed there right now. As far as vacancies in the Shawnee Crossings area, there are no vacancies in Shawnee Crossings. We’re full over there. There are two lots that are tentatively sold at this present time. We have a couple of other people that are looking at properties over there. The bank building has been sold and it’s being utilized. So, the vacancies are none except maybe if you go down to Red Robin (Ruby Tuesday)

CHAIRMAN BOGINA: Thank you. So, I’m sorry, what? We would be --

COMMISSIONER BIENHOFF: Question for Paul.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yeah, Paul, just to clarify, I think I might have missed it. You said there is not going to be access off of K-7 to 71st Street? That will not be allowed.

MR. CHAFFEE: Currently there is no access. It’s blocked off, limited access on 71st Street. So, anything that would go in there would be an overpass over K-7 Highway similar to what we have up at Clear Creek Parkway.

COMMISSIONER BIENHOFF: Thank you.

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

COMMISSIONER JOHN SMITH: I have a question for staff. Would you point out on the map exactly where the grade school is at?

MR. CHAFFEE: Horizon Elementary is located at this location right here.

CHAIRMAN BOGINA: Commissioner Peterson.

COMMISSIONER PETERSON: Paul, in regards to the amount of traffic, I’ve seen the overhead view and I’ve driven in it, but is that, I can’t quite recall, how wide is Silvercreek? I know that typical residential doesn’t have a large shoulder. And I know that it was built weight-wise in anticipation for more traffic, but width-wise, what are we looking at?

MR. CHAFFEE: I believe it is 33. It’s built as sort of a collector street as opposed to even a local residential type of street.

COMMISSIONER PETERSON: So, we were anticipating --

MR. CHAFFEE: We were anticipating. The property, some of the property was already zoned the Commercial Highway. It was a desire of the City to promote the development of this property. And through the creation of a benefit district it was improved in that manner.

CHAIRMAN BOGINA: Commissioner Mudgett.

COMMISSIONER MUDGETT: I have a question for Tom. Tom, do you have tenants already in mind or are these all spec buildings?

MR. ZARDA: Right now we don’t have any [inaudible] or exact plans [inaudible].

COMMISSIONER MUDGETT: Sorry, Tom. You’ve got to come to the microphone. It’s all recorded for posterity.

MR. ZARDA: Tom Zarda again. We have no specific plans at this time. We’re in the process of getting it developed, getting it cleaned up which we’ve done. And now grading it down to get rid of some of the debris that was accumulated on that property over the last 20 years. We’re trying to make it marketable at this time, but no specific plans.

COMMISSIONER MUDGETT: Okay. Thank you.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Question for staff. And I believe we’re just talking about a rezoning today. We’re not talking about any future use of specific property or site plan or anything like that, correct?

MR. CHAFFEE: You’re correct. There’s no site plans involved this evening. What it is, is the rezoning and the preliminary plat for the property. And then as development plans come forward you’ll see site plans on each of these individual sites and they’re final plat. There may be one final plat or it may be a series of final plats as the properties do develop. We do have that access control that’ll be in place with the preliminary plat that basically limits access on 71st Street and around the curve area. And then Lot 1 I believe it up here and Lot 2 is up here. And as that site plan comes in we’ll take a look at where the potential driveway or driveways may be. And then the developer as he comes in with his final plat will be required to do the improvement to 70th Street over to the east property line of his property.

COMMISSIONER BIENHOFF: And as those plans come in, is it typical that there would be traffic studies and safety studies of access?

MR. CHAFFEE: There would be safety studies for access. Depending on who the user is the traffic engineer may not require a traffic study be undertaken.

COMMISSIONER BIENHOFF: But the traffic engineer would evaluate it?

MR. CHAFFEE: Yes. Yeah. As he does with all site plans that come in.

COMMISSIONER BIENHOFF: Thank you.

CHAIRMAN BOGINA: Commissioner Peterson.

COMMISSIONER PETERSON: I have a question for Mr. Zarda. On Tract A and B, that is the existing streamway and you said it’s largely to be undisturbed. Could you be a little more specific? I mean, are you like going to clean out some of the trees so that it’s not so unkempt or is it -- you’re just going to try not to develop that as much of possible.

MR. ZARDA: The sanitary sewer if you’re on the east side and on the north end, on the east side the sanitary sewer line runs up through there and there is a streamway that comes off of the 40 acres to the east of that. And our original proposal is to put all of that underground and put a storm pipe in there and cover that and develop that piece of property. But again, because of the overdeveloping of the area we decided thusly that a more or less a green area and let it as it, pretty much natural and let it go at that and give up that property. I mean, it’s significant when you start talking about giving up ten acres out of a total of 30, so. And then over on the other side of 7 Highway there is wetlands that we could fill on out into that area. But again, not wanting to overdevelop, the same thing on the north end of the west side, not wanting to overdevelop the area, why we decided to just let that natural.

COMMISSIONER PETERSON: Thank you.

CHAIRMAN BOGINA: Is there any other questions for the staff or the applicant? If not, we would be in Commission discussion. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, Mr. Chairman. It seems that based on the plans and the Land Use Guide that the rezoning would be consistent with the intended use of the area. And it looks to me as if the City has put in the infrastructure to develop Silverheel there to accommodate this type of activity.

CHAIRMAN BOGINA: Thank you. Commissioner Peterson.

COMMISSIONER PETERSON: Although I appreciate the public and the developer both being here and being able to air those situations with it, being a simple rezoning at this point, we haven’t decided on a development that’s going in that hasn’t been approved or what kind of impact it’s going to be at this point, I think everything is in place for us to move forward.

CHAIRMAN BOGINA: Thank you. If there’s no other discussion, is there a motion on this item? Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, Mr. Chairman. I’d make a motion for approval of Z-04-16-10; Rezoning from Agricultural to Commercial Highway and Preplat-17-16-10; Preliminary Plat for Zarda Business Park, a Three-Lot Commercial Subdivision Located in the 22700-22800 Blocks of W. 71st Street as submitted by staff and subject to staff’s conditions.

CHAIRMAN BOGINA: Thank you. Commissioner Wise.

COMMISSIONER WISE: I second that motion.

CHAIRMAN BOGINA: I have a motion and second to approve Z-04-16-10; a Rezoning from Agricultural to Commercial Highway and Preliminary Plat-17-16-10 for Zarda Business Park, a Three-Lot Commercial Subdivision. All in favor?

COMMISSIONERS BOGINA, BIENHOFF, BRALEY, MUDGETT, PETERSON, WILLOUGHBY, WISE: Aye.

CHAIRMAN BOGINA: Opposed?

COMMISSIONER JOHN SMITH: Nay.

CHAIRMAN BOGINA: Motion passes. Thank you.


(Motion passed 7-1; John Smith voting nay; Dennis Busby, Les Smith absent)

2. PUBLIC HEARING FOR PROPOSED AMENDMENTS TO THE ZONING REGULATIONS AND COMPREHENSIVE PLAN TO ADDRESS SENIOR LIVING FACILITIES.

CHAIRMAN BOGINA: Item Number 2 is a Proposed Amendments to the Zoning Regulations and Comprehensive Plan to Address Senior Living Facilities.

MR. CHAFFEE: Paul Chaffee, Planning Director. Over a period of three separate meetings the Planning Commission spent some time reviewing any proposed zoning regulations and amendments to the Comprehensive Plan regarding senior living developments and the densities that may be appropriate for those types of uses. Staff has prepared in your packet an identification of what those amendments would be.

One would be an amendment to the Zoning Regulations and the PUDMR (Planned Mixed Residential) zoning district that indicates that the minimum size of the zoning district, and that not only is it for apartments as we traditionally see it, but accepting the four acres for those properties that are within a quarter mile of the Townsquare district and then adding also for age-restricted senior living developments and describing those as developments that are intended for residents aged 55 years and older. Also a reduction in the minimum size requirement. Generally speaking, in the PUDMR for a traditional apartment complex there is at least 2,800 square feet of land for each dwelling unit. We’ve made an exception for those properties within a quarter mile of the Townsquare zoning district to take a look at land of 2,250 square feet per dwelling unit. And then we had a little bit of discussion regarding for senior living when we can show that there is adequate parking provided and enhanced landscape is undertaken and the level of amenities is substantial that the Planning Commission can look at a density where each unit has 2,000 square feet of land that it sits on. And some of the basis for that, we talked a little bit about that if there is underground parking or there is occasionally amenities that are indoor amenities rather than outdoor amenities there’s really not the requirement or the need to have as much land per dwelling unit for a senior living complex.

Then we took a look at doing some amendments to Chapter 5, the Land Use Guide, introductory language for the Residential Land Use. One of the items that we did was we struck the sentence that said, “The number of units per acre prescribed is a density range, and should not be construed to represent a maximum allowable density.” We just struck that out. And then added that for senior living facilities a low density is considered for senior living is a little less -- or a little greater than for a traditional types of residential development. That a low density senior living development would be one that had 12.775 units per acre or less. And then if it’s located on at least five acres and has direct access to an arterial or major street, if it were in a low density area. And then a medium density would be senior living with a density of 21.78 units. And you’ll recall we presented some charts to show you what other cities’ density requirements are and we’re right in line with what they prescribe.

Then also one little bit of cleanup. Prior to the amendment a few years ago on the amount of land required per dwelling unit it used to be 3,300 square feet and now it’s the 2,800, which would be 15.55 units an acre. And so we cleaned that one up. And then did a little bit of discussion about higher density for senior living facilities. And then the senior living facilities such as independent living, assisted living, continuing care communities and other residential facilities designed for the elderly, except those in single-family residential structures may be considered for development at or near the upper density limit of the land use designation. And just took out exceeding the midpoint of the facility.

Upon completion of the public hearing to consider the proposed amendments to the Zoning Regulations and Comprehensive Plan, including any modifications proposed by the Planning Commission, staff recommends the Planning Commission adopt the proposed amendments that we’ve discussed for quite a while to the Zoning Regulations and Comprehensive Plan presented in the staff report.

CHAIRMAN BOGINA: Thank you, Paul. And so you would like for us to discuss these redline changes and set a public hearing date?

MR. CHAFFEE: No. We had set the public hearing in September.

CHAIRMAN BOGINA: Okay.

MR. CHAFFEE: So, this evening’s public hearing and the items that are redlined were the items that we discussed back in September to publish --

CHAIRMAN BOGINA: Okay.

MR. CHAFFEE: -- and to carry through.

CHAIRMAN BOGINA: Thank you. So, this would be a public -- this would be a discussion as to whether as to approve the redline version?

MR. CHAFFEE: Correct.

CHAIRMAN BOGINA: Okay. Thank you. Commissioner Peterson.

COMMISSIONER PETERSON: Of course I have a question. One of the things that I must have missed earlier was in the last paragraph where it says, “Senior living facilities such as independent living, assisted living, and the continuing care communities.” I understand that means the graduated situations.

MR. CHAFFEE: Correct.

COMMISSIONER PETERSON: Would that include skilled nursing?

MR. CHAFFEE: If skilled nursing is provided as part of a continuing care community, skilled nursing facility would be appropriate. And that’s why we used the “continuing care community” term. If it’s just a skilled nursing facility or an intermediate care facility or what you still consider perhaps a nursing home, those uses are totally separate from the senior living and have their own zoning districts and their own requirements that they would be allowed. So, for an example, if any of you are familiar with Lakeview Village, they have the independent living duplex units, then they have the independent living condominium buildings, three, four, five stories in height. Then they also have an assisted living facility area. They have a skilled nursing home facility and then they’ve just opened a small Alzheimer’s care facility. So, it runs the whole gamut in part of what you do in these continuing living communities is you buy into it. And then as your needs may change, you have the opportunity if rooms are available to move into I guess a more intense type of care environment.

COMMISSIONER PETERSON: Would there be any special consideration on something like that that, because I know that skilled nursing and intermediate or Alzheimer’s care has different zoning and regulations? Would that, if it was part of a continuing community, would they be able to borrow from the other assets of something like this?

MR. CHAFFEE: Well, what we’re saying is, in this zoning district for a continuing care community you can have all those features and you don’t have to zone a PO for the little portion that you have skilled nursing facility because it’s the continuous care. It’s just all basically one together.

COMMISSIONER PETERSON: Thank you.

CHAIRMAN BOGINA: I have not asked yet, but does anyone wish to speak on this item? As a formality then, does anyone wish to speak on this item? Hearing none, we would be in Commission discussion if there’s no other questions for the staff. And if there is no comment from the Commission, then do we have a motion to approve? Commissioner Smith.

COMMISSIONER JOHN SMITH: I would move that we close the public hearing if that’s appropriate.

CHAIRMAN BOGINA: We have a motion to, and do we have a second? Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Second.

CHAIRMAN BOGINA: We have a motion and a second to close this public hearing, although we did not close the one prior to this on Zarda’s. All in favor.

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed.


(Motion passes 8-0; Dennis Busby and Les Smith absent)

So, do we have a motion to approve the redline versions of the changes? Commissioner Smith?

COMMISSIONER JOHN SMITH: I would so move that we adopt the changes in the redline version.

CHAIRMAN BOGINA: Thank you. Commissioner Peterson.

COMMISSIONER PETERSON: Second.

CHAIRMAN BOGINA: A motion and a second to adopt the redline versions of the staff amendments. All in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed. Motion passes.


(Motion passed 8-0; Dennis Busby and Les Smith absent)

E. OTHER BUSINESS

1. SENIOR LIVING AMENITY BROCHURE

CHAIRMAN BOGINA: Which is now Item E, I believe. Does staff have anything for the Commission?

UNIDENTIFIED SPEAKER: [Inaudible; talking off mic].

CHAIRMAN BOGINA: Oh, yes.

UNIDENTIFIED SPEAKER: [Inaudible; talking off mic].

CHAIRMAN BOGINA: Commissioner Smith.

COMMISSIONER JOHN SMITH: I have. While I appreciate the changes that you’ve made, I’d have one suggestion that under the indoor amenities that swimming pools would fit better under Theaters and Physical and Rehabilitation Services.

UNIDENTIFIED SPEAKER: Okay.

COMMISSIONER JOHN SMITH: Okay. Thank you.

CHAIRMAN BOGINA: Is there any other comment on the -- Commissioner Peterson?

COMMISSIONER PETERSON: Of course. Is this the color scheme [inaudible; talking off mic].

UNIDENTIFIED SPEAKER: [Inaudible; talking off mic]

COMMISSIONER PETERSON: No, that’s fine. My only thing [inaudible; talking off mic]

CHAIRMAN BOGINA: Is there any comment on the brochure? Thank you. Paul, do you have any business for the Commission?

MR. CHAFFEE: Paul Chaffee, Planning Director. Just one reminder that October has five Mondays. So, our next meeting will be in three weeks.

CHAIRMAN BOGINA: Thanks. And I think it was at that time we were going to discuss the meeting change, is that true?

MR. CHAFFEE: I understand.

CHAIRMAN BOGINA: Thank you.

F. ADJOURNMENT

CHAIRMAN BOGINA: Does the Commission have any business for the staff? If not, Commissioner Braley, would you like to make a motion?

COMMISSIONER BRALEY: Yes, I would. I’d like to make a motion that we adjourn tonight’s meeting.

CHAIRMAN BOGINA: Thank you. Commissioner Wise.

COMMISSIONER WISE: Second.

CHAIRMAN BOGINA: A motion and a second to adjourn. All in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed. Motion passes.


(Motion passes 8-0; Dennis Busby and Les Smith absent)

(Shawnee Planning Commission Meeting Adjourned at 8:42 p.m.)