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ApprovedPlanningCommissionMeeting.5.1.17.pdfApprovedPlanningCommissionMeeting.5.1.17.pdf

CITY OF SHAWNEE
PLANNING COMMISSION MEETING
MINUTES
May 1, 2017
7:30 P.M.

PLANNING COMMISSIONERS PRESENT STAFF PRESENT
Commissioner Bruce Bienhoff Planning Director Chaffee
Commissioner Augie Bogina Deputy Planning Director Allmon
Commissioner Randy Braley Planner Mark Zielsdorf
Commissioner Dennis Busby
Commissioner Rusty Mudgett
Commissioner Kathy Peterson
Commissioner John Smith
Commissioner Les Smith
Commissioner Alan Willoughby
Commissioner Steven Wise

(Planning Commission Meeting Called to Order at 7:32 p.m.)

A. PLEDGE OF ALLEGIANCE

CHAIRMAN BUSBY: Good evening and welcome to the May 1, 2017 meeting of the Shawnee Planning Commission. If you’ll join us in the Pledge of Allegiance.

(Pledge of Allegiance)

B. ROLL CALL

CHAIRMAN BUSBY: Let’s start with roll call. Commissioner John Smith.

COMMISSIONER J. SMITH: Here.

CHAIRMAN BUSBY: Commissioner Peterson.

COMMISSIONER PETERSON: Here.

CHAIRMAN BUSBY: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Here.

CHAIRMAN BUSBY: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Here.
CHAIRMAN BUSBY: Commissioner Busby is here. Commissioner Bogina.

COMMISSIONER BOGINA: Here.

CHAIRMAN BUSBY: Commissioner Wise.

COMMISSIONER WISE: Here.

COMMISSIONER BUSBY: Commissioner Braley.

COMMISSIONER BRALEY: Here.

CHAIRMAN BUSBY: Commissioner Les Smith.

COMMISSIONER L. SMITH: Here.

CHAIRMAN BUSBY: Commissioner Mudgett.

COMMISSIONER MUDGETT: Here.

C. CONSENT ITEMS

1. APPROVE MINUTES FROM THE PLANNING COMMISSION MEETING OF APRIL 17, 2017.
2. SUP-02-16-04; REVIEW OF A SPECIAL USE PERMIT ISSUED TO DILIP PATEL TO ALLOW THE OPERATION OF A DRIVE-THRU WINDOW IN THE COMMERCIAL BUILDING TO BE LOCATED ON LOT 1 OF THE JAY SHREE RAM DEVELOPMENT LOCATED AT 16600 MIDLAND DRIVE.

CHAIRMAN BUSBY: Consent Agenda. Items 1 and 2 are listed under the Consent Items Agenda. 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 John Smith.

COMMISSIONER J. SMITH: Mr. Chairman, I move that we approve the Consent Item Agenda.

CHAIRMAN BUSBY: Is there a second? Commissioner Mudgett.

COMMISSIONER MUDGETT: Second.

CHAIRMAN BUSBY: There’s a motion and a second to approve the Consent Agenda. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Oppose nay. Motion carried.

(Motion carried 10-0)

D. UNFINISHED BUSINESS

1. THIS ITEM WAS TABLED AT THE APRIL 3, 2017 MEETING DURING PLANNING COMMISSION DISCUSSION. Z-02-17-03; REZONING FROM RS (RESIDENTIAL SUBURBAN) TO DU (DUPLEX RESIDENTIAL), AND PRELIMINARY PLAT APPROVAL FOR A 41-LOT DUPLEX RESIDENTIAL SUBDIVISION, LOCATED IN THE 5800-6000 BLOCKS OF CLARE ROAD. THE APPLICATION IS FILED BY PHELPS ENGINEERING FOR CLEAR CREEK PARKWAY, LLC, OWNER.

CHAIRMAN BUSBY: Unfinished Business. This item was tabled at the April 3, 2017 Meeting during Planning Commission Discussion. Z-02-17-03; Rezoning from RS (Residential Suburban) to DU (Duplex Residential), and Preliminary Plat Approval for a 41-Lot Duplex Residential Subdivision, located in the 5800-6000 Blocks of Clare Road. The Application is filed by Phelps Engineering for Clear Creek Parkway, LLC. Mark.

MR. ZIELSDORF: Good evening. Mark Zielsdorf, City Planning staff.

The applicant requests rezoning from RS (Residential Suburban) to DU (Duplex Residential), and preliminary plat approval for a 41-lot duplex residential subdivision, located in the 5800-6000 Blocks of Clare Road.

The Planning Commission at their April 3, 2017 meeting voted to table for further Planning Commission discussion, rezoning, Z-02-17-03 from Residential Suburban (RS) to (DU) Duplex and the preliminary plat, Preplat-05-17-03, for 41 twin villas to the May 1, 2017 meeting to allow the applicant time to further address three items. The Planning Commission requested that the applicant provide more information regarding Clare Road traffic and improvements, more detailed building elevations of the twin villas, and a revised landscape plan for the tracts adjacent to Clare Road and Clear Creek Parkway.

Clare Road
In regards to Clare Road, the Planning Commission requested additional information be provided regarding Clare Road. The City’s Circulation Plan currently identifies Clare Road as a future Minor Arterial Road. Streets in the western part of the City that carry the same designation include 47th Street, 55th Street/Johnson Drive, Monticello Road and Woodland Drive. Clare Road is the only north-south minor arterial road identified west of K-7 Highway.

The City improves minor arterial roads. The roads may be improved at one time, or in segments. The improvement of Clare Road is not currently listed on the five year Capital Improvement Plan. The Governing Body annually reviews the Capital Improvement Plan and prioritizes a wide range of projects. The timing for future improvements may be added to the Capital Improvement Plan, or the prioritization may change based on need or sources of funding that may become available.

As part of the recently approved Parks, Pipes and Pavement sales tax, a goal is to replace chip seal roads with asphalt pavements using funds collected from the sales tax. Clare Road is scheduled to receive a three-inch asphalt overlay in 2018 from this funding source.

The City’s traffic engineer has continued to review accident reports available from our GIS mapping source and the Shawnee Police Department that have occurred since 1998 along Clare Road. During the past twenty years 14 accidents have been reported along Clare Road between 55th Street and 63rd Street. Two of these accidents required a transport from the site due to serious injuries. Eleven of the accidents were prior to 2010. There have been three accidents since 2010, all of them located at the 55th and Clare intersection.

The Comprehensive Plan states that direct driveway access to residential properties should not be allowed onto minor arterial streets. Obviously, there are examples of access to minor arterials that were in place prior to new development, or where a lot fronts on an arterial street and has no other point of access.

As part of the improvements to Clare Road that are required as the Canyon Lakes development progresses, the City’s Development Services Department has identified improvements that will be required when 58th Place is constructed east of Clare Road. The developer will be required to grade the right-of-way on the east side of Clare Road to prepare for the future improvements to Clare Road. The intersection of 58th Place and Clare Road will be required to be improved when the final plat is approved for the phase of the development that includes this street. Those improvements include not only those for the immediate intersection, but also to improve the sight distance at that intersection when it is constructed. This includes reconstruction of an existing portion of Clare Road north and south of the intersection. Although stated in previous comments provided by Development Services for the staff report, the report has been revised to more explicitly identify this portion of the required improvements. The following text is the amended version of the requirements and replaces Item 15c related to the preliminary plat review from the staff report to the Planning Commission dated March 20, 2017:

The condition of approval No. 7, as listed in the staff report under the preliminary plat recommendation, will remain the same without modification. We’re only modifying the staff report in that location.

Building Elevations

As far as the buildings elevations go, although not normally required with a DU zoning request, the applicant, as part of the rezoning application, agreed to provide conceptual architectural elevations of the twin villa units. However, during the public hearing, the Planning Commission requested that the applicant further refine those proposed elevations by providing more detail of the architectural features, roof pitches, and finish materials. They asked that particular attention be given to those units that are adjacent to Clare Road and Clear Creek Parkway. In response to that request, the applicant’s architect has created three detailed building designs that include four sided elevations, a floor plan, and a roof plan for each building type. The units incorporate unique design elements and a variety of architectural features on each half, including varied roof lines, architectural features, and quality building materials to provide the look of larger single-family homes. The applicant indicated his intent is to create a design for the twin villa units that will blend in seamlessly with the adjacent single family homes of the Canyon Lakes development.

The twin villa buildings will be 70 feet wide and 66 feet deep containing total of 4,076 square feet. Each unit contains 1,592 square feet of first floor living space, a 446 square foot 2-car garage, and a full basement providing an optional 1,035 square feet of additional finished living space. Every unit contains a master bedroom, a master bath and a large walk-in closet, as well as an open concept kitchen, living room and dining room. The units will also have a second bedroom or flex room, a second full bath, a laundry room, a walk-in pantry, and a covered rear porch.

The homes use a combination of hip and gable style roofs with 9/12, 7/12, and 5/12 roof pitches. The roofs are covered in a Timberline or equivalent, 30-year architectural shingle that is weathered wood in color. All four elevations (front, sides and rear) of the perimeter units adjacent to Clare Road and/or Clear Creek Parkway consist of stone, stucco and lap siding. The stone elements will be the Country Ledge style of manufactured stone by Canyon Stone. Stucco elements will be a traditional hand troweled masonry stucco finish and the lap siding will be a wood-grained LP Smartside Lap siding product or equivalent.

And I should point out there are three different building elevations, three perimeter units or designs that will be used along Clare Road and Clear Creek Parkway. And then there will be three units that are labeled interior that will be used on the interior side. And I’ve got all six of those I’ll run through real quick here in just a minute.

The interior units, those not adjacent to either Clare Road or Clear Creek Parkway, will be of the same architectural design and use the same building materials as the exterior style units for the front elevations. However, the side and rear elevations of the interior units, while still having some elements of the stone, stucco and lap siding, will predominantly be covered in a wood-grained LP Smartside engineered siding panel or equivalent.

The color palette of the twin villas includes a variety of earth tone gray and gray-beige colors.

The condition of approval No. 2 as listed in the staff report under the rezoning recommendation, shall be modified to read as follows:

“The twin villa homes shall be constructed in accordance with the building elevations as prepared by Webster Architects for Prieb Homes dated April 21, 2017, including design elements, building materials, and color palette as approved by the Planning Commission. The units adjacent to Clare Road and/or Clear Creek Parkway shall be required to use the three elevations labeled as Buildings A, B, and C “Perimeter.” The units not adjacent to Clare Road and/or Clear Creek Parkway may use any of the six submitted building elevations. Any modification to the approved elevations shall be subject to review and approval by the Planning Commission and the Governing Body. If the applicant, or any subsequent developer, wishes to change the elevations as approved, then they shall be required to have the revised elevations considered by the Planning Commission. Consideration of any revised elevations will be done as part of a public hearing at a date and a time specified, in which notification is provided to all owners of property within 200 feet of the perimeter of the property zoned duplex (DU). Notification will be sent by regular mail at least 20 days prior to the public hearing.”

(Showing design schematics)

And in your packets you have four plans for all three units and you have the six different building types. This is Option C. And here’s the alternative for Option C. And here is the Perimeter Unit for Option A. And then the interior design.

Landscaping

As far as the Landscaping component, the applicant submitted a revised landscape plan prepared by a landscape architect for those tracts adjacent to Clare Road and Clear Creek Parkway as a result of concerns raised during the public hearing. The landscape plan provides additional plantings of deciduous and evergreen trees along the landscape tracts adjacent to Clare Road and Clear Creek Parkway. The new plan shows a total of 112 trees, compared to the previous plan of 91. Only 56 trees are required based on City code at a minimum of one tree per 40 feet of street frontage. These plantings include a mixture of ten species of over story deciduous, evergreen, and ornamental trees. The trees provided include oak, London Plane Tree, maples, elm, juniper, white pine, spruce, redbud and dogwoods.

In addition to the landscaping provided for the tracts, a typical foundation landscape plan is also provided.

Additional street trees, not shown on the landscape plan, will be required to be planted along the interior street frontage at a rate of one tree per every 40 feet of street frontage as is required by code for all residential developments.

And in light of that condition of approval #5 as listed in the staff report under the preliminary plat recommendation, shall be modified to read as follows:

“Landscaping within the tracts adjacent to Clare Road and Clear Creek Parkway to Clare Road shall be installed in accordance with the landscape plan, as prepared by Jason Meier, RLA of Meier Consulting and dated April 24, 2017. Final landscape plans for these areas, as well as the other common tracts within the development shall be submitted along with the final plat submittal for each phase of development. Landscaping shall be installed in conjunction with the public improvements for each plat. And finally, the landscape plans shall show the street trees lining Clear Creek
Parkway to be placed outside of the public street right-of-way, either within the common tracts or on private property.”

RECOMMENDATION

As far as staff’s recommendation, the Planning Commission shall consider the additional information as provided by the applicant, and determine if it answers the questions derived from the Public Hearing held on April 3, 2017. Upon the conclusion of Commission Discussion, the Planning Commission shall make a recommendation on the rezoning to the Governing Body and take action on the approval of the preliminary plat.

If the Planning Commission votes to approve the rezoning and preliminary plat, then staff recommends the following conditions of approval from the staff report dated March 20, 2017, be revised as noted. And for the record, I’m going to read back through these.

1. Condition No. 2 of the rezoning recommendations for the staff report to the Planning Commission dated March 20, 2017, shall be amended to read:
2. Condition No. 5 of the preliminary plat recommendations for the staff report to the Planning Commission dated March 20, 2017, shall be amended to read as follows:

3. Item No. 15c of the preliminary plat review for the staff report to the Planning Commission dated March 20, 2017, shall be amended to read as follows:

That concludes staff’s presentation.

CHAIRMAN BUSBY: Thank you, Mark. This additional information was requested by the Planning Commissioners at the last discussion of this. Is there a motion to open the Public Hearing of this rezoning consideration regarding the three topics just covered? In other words, we have the ability to reopen public hearing. Commissioner Peterson.

COMMISSIONER PETERSON: I move we reopen the Public Hearing for the three items that we asked to be tabled.

CHAIRMAN BUSBY: Is there a second?

COMMISSIONER L. SMITH: Second.

CHAIRMAN BUSBY: Thank you, Commissioner Les Smith. A motion and a second to reopen public comment, all in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried.
(Motion carried 10-0)

CHAIRMAN BUSBY: I’ll ask for comments to be made regarding the three topics presented for additional review. Does anyone from the audience wish to speak on these matters? If not, then we can go back into Commission discussion. If we’d like to have a motion to do this. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, Mr. Chairman. I move that we close the Public Hearing and go back to Commission discussion.

CHAIRMAN BUSBY: Is there a second?

COMMISSIONER MUDGETT: Second.

CHAIRMAN BUSBY: Commissioner Mudgett, thank you. There’s a motion and a second to go back into Planning Commission discussion. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried.
(Motion carried 10-0)

CHAIRMAN BUSBY: We’re in Planning Commission discussion.

COMMISSIONER BOGINA: Mr. Chairman.

CHAIRMAN BUSBY: Commissioner Bogina.

COMMISSIONER BOGINA: Mark, do you have the other stipulations that you recommended on April 23rd or April 3rd?

MR. ZIELSDORF: Yes. They would be included in the staff report.

COMMISSIONER BOGINA: Should there be a motion? I’m sure that we’re going to incorporate those. And if you could tell me at the minimum how many there are. I don’t recall them all specifically, but I do remember that I was favorable towards them. But I don’t know how many there were.

MR. ZIELSDORF: Well, let me see if I can find those real quick. It looks like there are 25 conditions of approval.

COMMISSIONER BOGINA: And of those 25 it includes these three that would conceivably be replaced --

MR. ZIELSDORF: I’m sorry.

COMMISSIONER BOGINA: -- with a positive motion.

MR. ZIELSDORF: Yeah. Let me clarify that real quick. The rezoning request, recommendation for the rezoning would have two recommendations of approval or conditions of approval. And then the preliminary plat would have 25 conditions of approval.

COMMISSIONER BOGINA: Thank you.

MR. ZIELSDORF: And the numbers that I read in the staff report this evening correlate with the numbers as they are in that staff report.

COMMISSIONER BOGINA: Thank you.

CHAIRMAN BUSBY: Any other Commission discussion? Commissioner Bienhoff?

COMMISSIONER BIENHOFF: Yes. I would observe that it looks like the owner and the developer have come back with -- substantially met our request for additional information. It looks like a very nice plan to me. I appreciate the extra conditions on the road improvements that will help with safety in that area as well.

CHAIRMAN BUSBY: Thank you. Mr. Les Smith.

COMMISSIONER L. SMITH: Thank you, Mr. Chairman. I would concur. I actually spent a lot of time looking at this this week and spent a lot of time on Clare Road. The impressive part is that even though the developer asked -- or did everything we asked him to do doesn’t mean that it’s good enough. But I believe in this case it is. There’s a lot of talk about PUD zoning. And quite frankly, this DU zoning with the conditions that are attached to it probably ratchet it down even tighter than a PUD especially in forms of allowable density. So, it seems to me that we’ve given the residents protection on building elevations. The buildings are I believe 66 feet wide, which gives a pretty nice appearance from the back side. We’ve done all we can do as far as requiring the developer to do things along Clare Road. He’s doubled the landscaping to help it look better. We’re getting some three-inch overlay and asphalt on Clare Road next year. And I would also highly encourage that at some point we send a motion to the City Council asking that they move Clare Road up on the capital improvements program. So, I fully can support this project at this time being that everything that was asked for was addressed.

CHAIRMAN BUSBY: Thank you. Anyone else? If not, is there a motion to approve the Pre-Plat and the Rezoning? Commissioner Wise.

COMMISSIONER WISE: I will make a motion to approve Z-02-17-03; Rezoning from RS (Residential Suburban) to DU (Duplex Residential), and Pre-Plat 05-17-03, Preliminary Plat of Canyon Lakes, 5800-6000 Blocks of Clare Road as submitted, and for staff’s recommendations along with the proposed three amendments submitted tonight.

CHAIRMAN BUSBY: Thank you. Is there a second?

CHAIRMAN BUSBY: Commissioner Mudgett.

COMMISSIONER MUDGETT: Second.

CHAIRMAN BUSBY: There’s a motion and a second to approve the rezoning, Z-02-17-03 from Residential Suburban(RS) to Duplex Residential (DU), and Pre-Plat 05-17-03, Preliminary Plat of Canyon Lakes 5800-6000 Blocks of Clare Road. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried.

COMMISSIONER BOGINA: Nay.

CHAIRMAN BUSBY: Oh, I’m sorry. Motion carried. We’ll forward the recommendation on to the Governing Body.
(Motion carried 9-1).

E. NEW BUSINESS

1. SUP-01-14-02; WITHDRAWAL OF THE PREVIOUSLY ISSUED SPECIAL USE PERMIT FOR NACHBAR AUTOMOTIVE TO OPERATE A USED MOTOR VEHICLE SALES LOT, LOCATED AT 6801 HEDGE LANE TERRACE.

CHAIRMAN BUSBY: Next on the agenda is New Business. SUP-01-14-02; Withdrawal of the Previously Issued Special Use Permit for Nachbar Automotive to Operate a Used Motor Vehicle Sales Lot, Located at 6801 Hedge Lane Terrace. Paul.

MR. CHAFFEE: Paul Chaffee, Planning Director. This request is to withdraw the previously issued special use permit. The applicant received special use permit approval to operate a used motor vehicle sales lot at 6801 Hedge Lane Terrace.

The special use permit was originally issued in February 2014, and was last reviewed in 2015. Nachbar Automotive is no longer in business at this location.

Planning staff recommends withdrawal of SUP-01-14-02 for a special use permit issued to Kevin Nachbar to operate Nachbar Automotive, a used motor vehicle sales lot at 6801 Hedge Lane Terrace since the business has closed.

CHAIRMAN BUSBY: Thank you, Paul. I’m sure the applicant is not present in this motion. So, is there any discussion? If not, a motion is in order.

COMMISSIONER L. SMITH: Mr. Chairman.

CHAIRMAN BUSBY: Commissioner Les Smith.

COMMISSIONER L. SMITH: I move that we approve the withdrawal of SUP-01-14-02; 6801 Hedge Lane Terrace.

CHAIRMAN BUSBY: A second?

COMMISSIONER BOGINA: Second.

COMMISSIONER WILLOUGHBY: Second.

COMMISSIONER BIENHOFF: Second.

CHAIRMAN BUSBY: Thank you, Commissioner Bogina and Commissioner Willoughby and Commissioner Bienhoff. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried. We’ll withdraw SUP-01-14-02.
(Motion carried 10-0)

F. OTHER BUSINESS

CHAIRMAN BUSBY: Any other business from the staff?

MR. CHAFFEE: Staff has no other business this evening.

CHAIRMAN BUSBY: Does the Commission have any other business for the staff? I’ll say one thing. I appreciate how hard the staff worked and does work on all the stuff we review and vote on. They do a wonderful job and we really appreciate them.

G. ADJOURNMENT

CHAIRMAN BUSBY: Other than that, it’s May Day. Does anybody want to get out of here by making a motion for adjournment?

COMMISSIONER WILLOUGHBY: I’ll move for adjournment.

CHAIRMAN BUSBY: Commissioner Willoughby, thank you. Is there a second?

COMMISSIONER MUDGETT: Second.

CHAIRMAN BUSBY: Commissioner Mudgett, thank you again. There’s a motion and a second to adjourn. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Thank you. We’re done.

(Shawnee Planning Commissioner Meeting Adjourned at 8:05 p.m.)