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CITY OF SHAWNEE
PLANNING COMMISSION MEETING
MINUTES
July 6, 2015
7:30 P.M.

PLANNING COMMISSIONERS PRESENTSTAFF PRESENT
Commissioner Augie BoginaDeputy Planning Director Doug Allmon
Commissioner Bruce BienhoffPlanner Mark Zielsdorf
Commissioner Randy BraleyAdministrative Assistant Angie Lind
Commissioner Dennis Busby
Commissioner James Schnefke
Commissioner Henry Specht
Commissioner Alan Willoughby
Commissioner Steven Wise
CHAIRMAN BOGINA: Good evening and welcome to the July 6, 2015 meeting of the Shawnee Planning Commission. We’ll start with roll call.
CHAIRMAN BOGINA: Commissioner Specht.

COMMISSIONER SPECHT: Here.

CHAIRMAN BOGINA: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Here.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Here.

CHAIRMAN BOGINA: Commissioner Busby.

COMMISSIONER BUSBY: Here.

CHAIRMAN BOGINA: Commissioner Bogina is here.

CHAIRMAN BOGINA: Commissioner Schnefke.

COMMISSIONER SCHNEFKE: Here.

CHAIRMAN BOGINA: Commissioner Wise.

COMMISSIONER WISE: Here.

CHAIRMAN BOGINA: Commissioner Braley.

COMMISSIONER BRALEY: Here.

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


CHAIRMAN BOGINA: Thank you. CHAIRMAN BOGINA: Items 1 and 2 are listed under the Consent 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 Bienhoff.

COMMISSIONER BIENHOFF: Yes Mr. Chairman, I would move for approval of the Consent Agenda, as presented by staff.

CHAIRMAN BOGINA: Thank you. Commissioner Schnefke.

COMMISSIONER SCHNEFKE: Mr. Chairman, I second the motion.

CHAIRMAN BOGINA: There’s a motion and second to approve items 1 and 2 of the Consent Agenda, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 8-0)

CHAIRMAN BOGINA: Item D. is:

CHAIRMAN BOGINA: Paul.

PLANNING DIRECTOR CHAFFEE: The Planning Commission annually elects officers for the upcoming year. Planning Commissioners elect a chairperson, vice-chairperson and secretary from the membership. The Commission may vote on the officers individually, or in one motion as a group after nominations for each office have been made.

The officers for the 2014-2015 year were as follows:

Chairperson: Augie Bogina

Vice Chairperson: Jim Schnefke

Secretary: Dennis Busby

The Chairperson shall request nominations for each office, and then close the nominations before a vote is taken for the officers for the 2015-2016 year.

CHAIRMAN BOGINA: Thank you. Does the Commission have an opinion as to whether they wish to vote for all offices at one time or individually? Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I suggest that we vote for all of them at one time.

CHAIRMAN BOGINA: All right, okay. And Paul, what did you say I should do? I should ask for nominations for…

PLANNING DIRECTOR CHAFFEE: Just the nominations for each…

CHAIRMAN BOGINA: For each, okay.

PLANNING DIRECTOR CHAFFEE: Each position.

CHAIRMAN BOGINA: Is there a nomination for Chairman? Commissioner Busby.

COMMISSIONER BUSBY: I nominate Mr. Augie Bogina to continue as Chairman.

CHAIRMAN BOGINA: Thank you. Commissioner Willoughby.

(Inaudible)

PLANNING DIRECTOR CHAFFEE: No, you would just…

CHAIRMAN BOGINA: Do you wish to nominate yourself?

COMMISSIONER WILLOUGHBY: No.

(Inaudible)

CHAIRMAN BOGINA: Okay, fine. So, is there any other nominations? Commissioner Wise.

COMMISSIONER WISE: I’ll make a nomination for Jim Schnefke as Vice-Chairman.

CHAIRMAN BOGINA: Thank you. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, I’ll nominate Dennis Busby to continue as Secretary.

CHAIRMAN BOGINA: Thank you. Is there any other nominations?

(Inaudible)

CHAIRMAN BOGINA: So, if there’s no more nominations, then we would vote for Augie Bogina as Chairman; Jim Schnefke as Vice-Chairman; and Dennis Busby as Secretary, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 8-0)

CHAIRMAN BOGINA: Item #2 is:

CHAIRMAN BOGINA: Doug.

DEPUTY PLANNING DIRECTOR ALLMON: The applicant requests special use permit approval for the operation of a group day care with up to ten (10) children, as a home occupation, at 5720 Marion Street. The applicant currently operates a daycare for up to six children in her home, and has done so since 2003. There have been no reported issues or problems in the past related to the operation.

The property is zoned PSF (Planned Single Family) and is located within the Lakepointe subdivision. The property contains a single family residence. Surrounding properties in all directions are also zoned Planned Single Family and are developed with other single family homes.

The applicant is requesting approval to operate a group day care with up to ten (10) children. The hours of operation will not change and are between 7:00 a.m. and 6:00 p.m., Monday through Friday.

The applicant does plan on having a part-time adult care giver on site to help supervise the extra children. As allowed by Shawnee Municipal Code (SMC) Chapter 17.66, the daycare may employ up to the equivalent of one (1) full-time employee that’s a nonresident.

The property is served by a two-car driveway that has more than 45 feet of depth. This provides ample room for off-street drop off of children at the facility.

In accordance with the City’s requirement, the applicant has a fenced play area in the back yard. The back yard is surrounded with a 6-foot tall, solid wood fence on all three sides.

The Fire Department completed an on-site inspection of the residence last year as required. The site inspection indicated all life safety requirements were satisfied. The applicant has provided staff with a copy of her current license issued by Kansas Department of Health and Environment (KDHE) that allows care for up to 10 children. The owner shall also continue to maintain an annual business license from the City Clerk to operate the home occupation.

Granting the special use permit should have little, if any, detrimental effect on surrounding properties. There are numerous special use permits that have been issued for the provision of child care as a home occupation without concerns being raised. Likewise, a home daycare for 6 children has operated at the home for 12 years.

In terms of a recommendation, staff recommends approval of SUP-06-15-07 for the operation of a group day care with up to ten (10) children as a home occupation by Bobbi Hunt, located at 5720 Marion Street, subject to the following conditions:


That completes our report.

CHAIRMAN BOGINA: Is the applicant present?

APPLICANT: Hello. My name is Bobbi Hunt; my address is 5720 Marion Street, Shawnee, KS 66218.

CHAIRMAN BOGINA: (Inaudible)

MS. HUNT: Yes.

CHAIRMAN BOGINA: (Inaudible)

MS. HUNT: Yes.

CHAIRMAN BOGINA: (Inaudible)

COMMISSIONER BUSBY: Yeah, this is directed at staff. You know, I have no problem with her; she’s been doing this for quite some time, but I’m a little concerned that we have an inspection that was last year; we’re into July and I would think if we’re going to pass this stuff that we should be a little more current on that because that’s actually City’s responsibility to take care of and I say we should be a little more current. I’m not sure I would say it reflects on this particular individual who’s had one for quite some time, a daycare, but I think in the future we should have those a little more current.

MS. HUNT: I was gonna let you know I do have the fire inspector coming this Wednesday as well. The fire inspector is coming to regulate; my license is normally do every October, so that’s why it has not been checked since then. I just recently decided to go into that and that’s why…

DEPUTY PLANNING DIRECTOR ALLMON: That was going to be my comment. The fire marshal makes his inspections; he does them on kind of an annual basis, on a schedule, based on when the permits are set to expire. This is a little unusual, but obviously she’s had a track record in the past with no violations. So…

COMMISSIONER BUSBY: Thank you.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yeah, this is for the applicant. How many children do you currently have and what are the ranges of ages?

MS. HUNT: I have six right now; they range from four months to five.

COMMISSIONER BIENHOFF: Thank you.

MS. HUNT: Thanks.

CHAIRMAN BOGINA: This is a public hearing.

(Inaudible)

PUBLIC COMMENT: Hi, sorry I’m late. The weather is a little bad.

(Inaudible)

PUBLIC COMMENT: My name is Jay Larson; I live at (Address omitted from record.) I’m just a couple lots up from this application. I’m on the board of directors for the Lakepointe Homeowner’s Association and this application came up as a discussion point in our monthly meeting a couple of weeks ago and concerns were raised that this could result in, you know, some excessive noise and traffic for surrounding homes; it might be adversely affected. Were also concerned about precedent because we’ve never approved a special use permit in the H away in the past we are, so we took a vote and unanimously opposed the granting of the special use in this instance. As my role as a board member yes, also just as a concerned neighbor, a number of us have discussed the fact that a couple of years ago the sheriffs were, came to the house and found that she had a, her son’s a registered sex offender that was living there and supposedly had an address in Topeka and they took him away.

CHAIRMAN BOGINA: (Inaudible)

MR. LARSON: Yeah, noise and traffic in just presence. Thank you.

CHAIRMAN BOGINA: (Inaudible)

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, I was just curious if you had discussed your concerns with the applicant?

MR. LARSON: No. It was never brought up before the board by the applicant and we just found out about it when a couple of us got the notices.

CHAIRMAN BOGINA: Commissioner Schnefke.

COMMISSIONER SCHNEFKE: So, what would been the issues with six children in the daycare currently?

MR. LARSON: Well, you know for the most part we just try to use the City guidelines as our guidelines and you know you kind of approved six just as a regular course of business and so we think, you know, having daycare, home daycare’s in the neighborhood is a good thing but we were just concerned about having large ones.

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Yes, a question for staff. What is the normal process of a special use permit if someone has concerns or about the operation of the business after it’s been granted?

PLANNING DIRECTOR CHAFFEE: If we get complaints or concerns, we certainly investigate them or visit with, usually visit with the applicant and to let them know that there are some issues that need to be resolved. That’s why when we do the special use permits the first time it’s only, a special use permit is good for a year just to make sure they’re operating the business in a manner that they should or if there some issues that need to be resolved, that they get resolved and then after that we go on to a four-year review cycle, but if during those four years issues arise, the Planning Commission can hear them the special use permit call it up and hear.

COMMISSIONER BIENHOFF: And have there been any complaints with the current special use permit?

DEPUTY PLANNING DIRECTOR ALLMON: I checked the CSR listing for this property and I didn’t see anything related to noise or traffic occurring or anything like that, no, not in the past.

COMMISSIONER BIENHOFF: Thank you.

CHAIRMAN BOGINA: (Inaudible)

MS. HUNT: Yes.

CHAIRMAN BOGINA: (Inaudible)

MS. HUNT: I have six right now, yes.

CHAIRMAN BOGINA: (Inaudible)

MS. HUNT: The reason I’m asking for the group deal is because with my license, I have another one coming, it’s a sibling of another, and so that I don’t go over a limit, because with babies you can only have up to three, and when you only have three babies, you can have only so many toddlers, and so many of the other age and so, being I didn’t want to tell the mom you’re going to have to go elsewhere, even though I’ve had your other one since a baby, like I said, that’s the reason for the granting, otherwise I would’ve just had my license as it was.

CHAIRMAN BOGINA: (Inaudible)

MS. HUNT: I have a lot of siblings, I mean…

CHAIRMAN BOGINA: (Inaudible)

MS. HUNT: Okay.

CHAIRMAN BOGINA: (Inaudible)

MS. HUNT: It’s the same parents, so it’s not going to make that much more traffic. It’s gonna, they’re gonna ride in together. (Inaudible) Thank you.

CHAIRMAN BOGINA: (Inaudible)

DEPUTY PLANNING DIRECTOR ALLMON: I didn’t say that on this particular case, but in subdivisions similar to this, there are special use permits like this all over town. And I would not be surprised if there’s not one in Lakepointe now.

CHAIRMAN BOGINA: (Inaudible)

DEPUTY PLANNING DIRECTOR ALLMON: I would say it’s not an unusual thing for a subdivision in western Shawnee to have home daycares for more than six children.

CHAIRMAN BOGINA: Does the Commission have any questions for the staff or the applicant? Is there a motion on this item?

CHAIRMAN BOGINA: (Inaudible)

COMMISSIONER BRALEY: So, we’re approving for a one year?

DEPUTY PLANNING DIRECTOR ALLMON: That’s correct.

COMMISSIONER BRALEY: And then at any time during that, if there are complaints from the neighbors, can that be brought up for review again, or is it until that year period…

PLANNING DIRECTOR CHAFFEE: What we would do is first of all, they need to be substantiated, I mean there’s been issues in the past where we’ve been, received complaints about a daycare here or there that such and such is going on and, you know, even to the point where we go out and sit in our car at 6 o’clock in the morning to watch what’s really going on, on more than one occasion, not just one day, and if issues arise we contact the owner of the special use permit and let them know that there are some issues that we can substantiate and need to be resolved; generally, they are. You know, this is the likelihood in some cases of the individuals and of course they have a vested interest to make sure that they’re operating to make sure that they operate… So if we get, if we do get complaints we can’t get them resolved, we would bring it to the Planning Commission and just under Other Business and let you know and you all can make a decision on whether or not you want to have the applicant come to a meeting and have a discussion and further on down the line you can pull the special use permit if you need to or if we don’t get any complaints, then you’ll just see it on a Consent Agenda after the year for a four-year extension. Then anytime during the period of time you can call it up. In my 28 years here, we’ve only had to call one special use permit up and after the person, it had nothing to do with the daycare, it was a restaurant that provided live entertainment, that they were having some difficulty understanding that you don’t leave the back door open when the bands playing to bother the neighborhood and that applicant, when we let them know the Planning Commission was going to call them up they just stopped the live entertainment all in all, so yeah. And another thing you can do, it’s up to 10 but if you only want to approved special use permit for eight, there’s no reason that you could do that, you know, too but generally we go to 10 and that’s what state and the rules and regulations will allow his up to 10 and then you can go up to 12 if you have someone who helps you in the operation of that business and the ones that we have are mostly husband and wife combinations.

CHAIRMAN BOGINA: Commissioner Braley.

COMMISSIONER BRALEY: Could the applicant please come forward?

MS. HUNT: Yes.

COMMISSIONER BRALEY: So, knowing the story that you shared, as far as it is a sibling that was needing to be added therefore that’s upping it to 10, do you see in your long-range plan to have 10 children or this is a unique situation?

MS. HUNT: I’ve had 10 children in the past because I get drop-ins every now and then, especially like during the summertime…

COMMISSIONER BRALEY: Okay.

MS. HUNT: …and stuff but I mainly just needed this, or a mean the permit, because I’m only can have this child and be over my limit to need a group daycare license for at least, I’m thinking, I was figuring 14 months and then I can switch back to the regular license where I have less kids because I lose in about a year and a half I lose three of my kids, so I’m deafly can be dropping that down.

COMMISSIONER BRALEY: Okay, thank you. No more questions, Mr. Chairman.

CHAIRMAN BOGINA: Thank you. Is there a motion on this item?

COMMISSIONER BIENHOFF: Mr. Chairman?

CHAIRMAN BOGINA: Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Commission discussion?

CHAIRMAN BOGINA: Okay.

COMMISSIONER BIENHOFF: I guess I would…

(Inaudible)

CHAIRMAN BOGINA: Go ahead. Commission discussion.

COMMISSIONER BIENHOFF: I guess over the years we’ve seen several special use permits very similar to this and occasionally there are concerns about approval but I don’t recall any time after approval that we’ve had complaints that actually came up afterwards during operation so, I think it’s well within the guidelines of what we’ve done in the past and to do something different when there have been no complaints with seem a little bit unusual.

CHAIRMAN BOGINA: Thank you. Commissioner Busby.

COMMISSIONER BUSBY: Thank you, Mr. Chairman. The other thing is, I hate to restrict her to less than 10 people, I mean, that’s how they go; they go from six, they go up to 10 whether she decides to go up to 10 is her business and realistically we’re starting to set another set up of well we could go to eight and I’m not sure that needs to be part of our discussion.

CHAIRMAN BOGINA: Is there any more discussion? Commissioner Bienhoff.

COMMISSIONER BIENHOFF: I would make a motion if you all are ready.

CHAIRMAN BOGINA: Yes, sir.

COMMISSIONER BIENHOFF: I would make a motion for approval of SUP-06-15-07; the special use permit for Bobbi Hunt Home Daycare, 5720 Marion St., as submitted by staff and subject to the conditions.

CHAIRMAN BOGINA: Thank you, Commissioner Busby.

COMMISSIONER BUSBY: Second the motion.

CHAIRMAN BOGINA: There’s a motion and a second to approve SUP-06-15-07; a special use permit approval for Bobbi Hunt to operate a group daycare for up to 10 children in the Single-Family zoning district, located at 5720 Marion St. all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes, thank you.


(Motion passes 8-0)

CHAIRMAN BOGINA: That would take us to:

CHAIRMAN BOGINA: Paul.

PLANNING DIRECTOR CHAFFEE: Periodically, staff will present to the Planning Commission proposed amendments to the Zoning Regulations. The last amendments were made in January, 2013, after a comprehensive revision of the regulations was undertaken in 2010. The purpose of the amendments is to reflect policy changes, as well as to provide clarification to staff and the public in interpreting the intent of the regulations.

So, what I thought I’d do is generally go through your handout and describe the proposed changes and generally where they came from. The first set is to increased density in multifamily developments and that would be our PMR zoning district which is traditionally what we see for our apartment complexes; the PUDMX, which is the zoning district that can combine single-family residential development with commercial development with office development with residential development and on the upper floors of mixed-use buildings, and the last one is the residential high-rise. On the residential high-rise the recommended changes are to change it from three stories to four stories because the PMR covers multifamily developments where the buildings are three stories or less so to go to the RHR is just to provide clarification, here’s the line; if you do PMR, three stories or less; if you’re four stories or more, you go into the Residential High-rise category.

The PMR, one of the things that we’ve considered and we’ve talked a little bit about it when we did the changes in the Comprehensive Plan is how do we make development more efficient, how do we make it more sustainable and one of the ways to do it is to allow some higher densities than what we’ve seen in the past. Currently in the PMR are density is about 13.06 units in acre which is the highest that we have except in the Town square zoning district where we allow a little higher density if you are within a quarter-mile of downtown. So, our recommendation is to allow a little higher density; instead of 3330 ft. for each dwelling unit to have 2800 ft. per dwelling unit and then if you’re within a quarter-mile of downtown it’s 2250 ft. per dwelling unit.

Then, the PUDMX in the third line where it says density, probably a better word is area. Where we’d say the area of family portions in the development shall not exceed 4500 ft. per lot, 1600 ft. per lot area for multifamily structures that contain retail component in 2500 ft. per unit for multifamily structures. So what that does is allows a little more dense development than what we’ve had in the past; they were all sort of bunched together and said, you know, as long as the density is 14.42 or less we’re going to be okay in this way it allows a little higher density to happen. The 1600 ft. would be 27 units in acre but that would be for a building that had some retail or office component; it’s pretty similar to the density that were starting to see in downtown in Overland Park which is one of the areas that we could see a PUDMX as well as potentially something along the I-435 corridor that we’ve intended to see happen.

The next one is an R-1 overlay zoning district; and this one is a little bit different in the Commercial Highway overlay that the properties were actually zoned into the overlay district ahead of time and then the uses fell into place; what we’re looking at doing in the overlay district comes from the Nieman Road Community Connection study and it’s a work at the Shawnee Downtown Partnership’s been working on for the last four or five months to provide a way to increase single-family residential densities in the downtown area what we have are a lot of lots downtown that maybe are 120 feet wide and the house is on the northern part of the lot and the southern part of the lot is just empty yard area and given the zoning regulations, if they don’t have 150 feet of frontage or just to divide it into three they don’t have 225 feet of frontage we’re sort of stuck with those lots to try and figure out what can we do to make something a little different and to make it more pleasing to the neighborhoods, so a rezoning would come in, it could be lot by lot, for someone who wanted to divide their property so there would be a plat that would be undertaken. The maximum height is the same as the maximum height in the traditional R-1 zoning district and let me back up. The area that were taking a look at, allowing people at least initially to apply for the overlay goes from 55th St. on the north, Shawnee Mission Parkway on the south, Quivira on the west, and the east city limits on the east side. The minimum lot area would be 4250 ft. for all uses with a minimum lot width of 45 feet along a public or private street, generally at 75 and if you wanted to split evenly, a lot of the lots the position of the house would allow a 45 foot front, maybe not the 50 or 60. A rear yard would be 20 feet for single family residential uses and 10 feet for detached garages, which is the same. The rear yard is a little less deep. One accessory structure meeting the bulk requirements can be allowed so if you have the, if you don’t have a garage, you can still have a storage building like you could otherwise. The minimum lot width, I’m sorry, 45 feet I already hit that one. The minimum front yard is 15 feet or no less than the average on the block; in the lot of the neighborhoods surrounding City Hall, they were planted before you had front yard setback requirements so they technically have the 30 foot setback requirement if you were to come in and build a new home, but a lot of the homes along Ballentine, Blue Jacket, over here on Flint, don’t have the 30 foot setback any way so what we’re trying to do is make the new homes that may be constructed on these lots fit in, so if they’re, they can’t be any closer than 15, but if the average on the block is 25 then his front yard setback would be 25 feet. And, since we look on a lot by lot basis, it’s easy to figure out what that calculation is going to be. Side yard of five feet unless wider because there’s a utility easement exists; and, we did have some discussion in house about going to seven feet on a side yard along adjacent property and decided to just not do that and the Partnership agreed with that one. Then, on corner lots it’s the same as any other subdivision that if you’re on a corner, you have two front yards. Minimum house size, the request can, the Planning Commission can reduce the minimum house size to 900 ft. where it could be shown that existing homes in the vicinity are less than 1100 ft. for lot size required which we currently do for a lot of the homes down in the downtown area are in the 900 to 1,000 square foot size so someone wants to propose rezoning to an R-1 overlay then the Planning Commission can approve a house 900 ft.. So, this is something a little bit different than your traditional zoning regulations in that not only are we approving the zoning we are approving the structure that gets constructed on the house in where it sits on the law. So it sort of a hybrid PUD traditional zoning. So, when an application would come in to use the R-1 overlay Planning Commissioners is gonna approve specific exterior of the single-family home and if someone wants to modify the approved design, they have to come back to the Planning Commission to get it modified; and, to keep in true form to the downtown area each single-family residence shall provide a covered porch area and it’s at least 5 feet in width; each residence and porch shall include some varied roof lines and peaks reminiscent of bungalow, Cape Cod, and cottage style homes, because we want the homes to fit in to the neighborhood; the fencing in the front yard shall be limited to wrought iron or similar space Pickett fence no taller than 4 feet in height; tree preservation plan is required as part of the request to rezone the property and consideration will be given to subdivisions of 10 or more lots to provide common open space with an amenity, so if there’s a tract of ground or smaller lots are provided there’s at least some sort of open space the neighbors can enjoy; and then consideration will be given in favor to barrier free ADA accessible homes and we put that in there as a result of one of our neighborhood meetings when the neighbors actually brought up to staff, you know, lot of folks who may want to live in this area or have a small, looking to downsize, the ADA requirements may be a good thing to encourage to occur so we thought it was good to include that the regulations.

The Downtown Partnership’s review of the set of zoning regulations has recommended their approval. We did hold a neighborhood meeting about six weeks ago, we were surprised about 30 folks showed up and we explained the project to them, there was still one person who didn’t like it but that doesn’t mean that the house next door to him is going to be zoned that way or if they do come in for a rezoning, the opportunity is there, so there will be a normal public hearing and rezoning process that would go on through with the residential overlay.

I’m gonna let Doug talk a little bit about the solar energy and then I’ll go from…

CHAIRMAN BOGINA: (Inaudible)

PLANNING DIRECTOR CHAFFEE: Sure.

CHAIRMAN BOGINA: (Inaudible)

PLANNING DIRECTOR CHAFFEE: Yes.

CHAIRMAN BOGINA: (Inaudible)

PLANNING DIRECTOR CHAFFEE: Right.

CHAIRMAN BOGINA: (Inaudible)

PLANNING DIRECTOR CHAFFEE: It would be a PUD, so we’d be approving the plan and, you know, what type of parking are they going to have; where’s parking going to be provided; what type of landscaping is going to be provided; what are the building elevations look like so we have the ability to take into account all of those, all those types of factors.

CHAIRMAN BOGINA: (Inaudible)

PLANNING DIRECTOR CHAFFEE: The only thing that flexes is the number of stories and as a result because of the number of stories flex the density can flex. So, it could be, you know, it could be a six story building and two levels are covered parking and there may be some other parking off, not on the street, but a parking lot at the same time. Any other questions so far?

DEPUTY PLANNING DIRECTOR ALLMON: Hopefully, I’ll go over this quickly for you guys. The solar energy collection system language is similar to, some of you will remember when we did the wind energy collection things for wind turbines couple three years ago, this is similar. Just to make our code more sustainable, more eco-friendly, right now the only really regulating code that we have is in the building code I think it’s been in place since about 1983 and actually were not currently seeing a lot of residential or commercial applications for solar energy or photovoltaic cells but from the information we are getting, that time is probably coming. So, we want to get something on the books for both aesthetics and placement of that in residential and commercial/industrial areas. I would want to say though this code isn’t intended to guarantee a neighbor the access to sunlight, it’s not that sort of code at all, we’re not going to tell someone they have to cut a tree down because they’re blocking their neighbor’s photovoltaic cell (SECS); that’s kind of on the individual homeowner, if they make that leap that they have a good relationship with their neighbors and have access to sunlight. Very briefly I’ll go over this, we tried to kind of regulate placement anesthetics for the most part so we did that by looking at installation of those type of panels on sloped roof in this code you’ll read in residential area if they are on the front of the house facing the street, they’ll be parallel with roof surface, they won’t be tilted out so that they essentially hug the roof; in the backyard, it’s not visible to the street where a little more flexible to give them an angle a projection in inches that they can actually tilt those panels may be to catch a little more son; we also regulate them, the installation of SECS on flat roofs as well, if there’s a parapet wall we allow them to basically set it in any angle as long as it’s shielded by the parapet wall; if there is no parapet on the flat roof, were to want those parallel with the roof surface again and centrally located; our building code also in the fire code has limitations on where you can place them because you like to be able to walk around them when they’re fighting a fire, so the code is pretty specific they also have to abide by all adopted codes not just the zoning code or the build code, but even our adopted fire code. In industrial/commercial districts, where it’s not a provision of SECS, for just powering things in the home if it’s to power, maybe backup to a grid, we do allow them to be mounted the side and back of a building in the district that’s commercial/industrial. But, anything that type you will see because there’s an aesthetic part of that and so we’re going to require site plan approval for those type of applications. We also then regulate, that’s everything on roofs and sides of buildings; we also regulate ground mounted residential, kind of like an antenna question where requiring that they be in the rear yard is there in ground, we have setbacks placed that you read in the can to make sure that they’re not right up on someone else’s property line, because there’s also the potential issue of glare and we limited the size in residential districts just to basically 144 ft. because that’s the size of a typical shed that you might have. Ground mounted in commercial/industrial districts again, that’s a little more intense, the size can be more intense and essentially we gave the power to you guys to prove the site plan and what you deem is acceptable. There may be an industrial lot that they wanted you 50% coverage with solar, that day may be coming in so working a look at those on a case-by-case basis. And then also we have a little section in there for light poles like that, there’s allocations where folks want to power their parking light without hooking into a hard wire there’s a little battery and aperture on top, we’re just saying that if they’re going to use those that you have to be aesthetically integrated and there to be colored to match the fixture. There’s been some discussion with Codes, they gave us some pictures of examples in commercial/industrial areas where you can actually apply these pretty ingeniously to buildings; it may be a very nice metallic awning that’s flat that projects and is hung by cables, will that surface could be actually cell, photovoltaic cells, and in those cases where at the point where were not seeing enough of those applications coming up at the staff level we’ve determined that not only would it require a site plan approval but before it’s, somebody wanted to put something on the front of an industrial or commercial building, we would, they would have to request a variance from the Board of Zoning Appeals for that because there’s nothing at this point to allow front face, front of building application so that’s kind of where were. Again, just an initiative by the city to get ahead of the curve, there’s an initiative by the Mid-America Regional Council (MARC) to become solar friendly and hopefully with this in place we’ll become what’s known as a solar friendly community, which is not a bad thing.

That’s all I have. Does anybody have any questions?

COMMISSIONER BIENHOFF: I was trying to remember where we were, if we were at St. Joe the other day or someplace, but we saw a parking lot that basically had the cover over it and in awning and it was kind of an angled design you could see on one side if you let’s close and hard it was solar panels and the other side was a colored class that kinda showed through, it was very nicely done and I thought it fit well into the area it was built in, so it’s nice to see us do this.

DEPUTY PLANNING DIRECTOR ALLMON: I would not be surprised if in the near future, this stuff is getting more and more affordable and starting to pencil out so the economics of it make sense and residentially I think we’re going to see more applications but even commercial areas, there’s a good chance that you guys will be seeing some of this in the next near future is my guess.

PLANNING DIRECTOR CHAFFEE: Our next section of proposed amendments get back also to the Nieman Road connection and front building setbacks along the Commercial Highway overlay district, that’s along Shawnee Mission Parkway from the East city limits over to roughly Flint, which would be the Applebee’s area on both sides of the street. You know, we want to encourage construction of newer facilities closer to the street rather than being sent back 30 feet to give it a more urban feel; so what we did was, we took a look at, or staff took a look at what is a reasonable building setback to allow someone to take a look at where we can still provide the public amenities being a sidewalk along the street and as well as some areas where the landscaping could be undertaken before you get the building and the recommendation as on the Commercial Highway overlay district that the front yard setback could be reduced to 12 feet behind the curb of the Shawnee Mission Parkway frontage Road and reduce it to 15 on other by section streets so like Goddard and Melrose, Flint, sort of bisects those are really about the only bisecting streets that we have and come along Melrose where it’s already been developed we may not see any at all but it still sort of what we’re looking at doing downtown and along the Parkway to give it a more urban feel and especially along the north side of Shawnee Mission Parkway where we have the creek that runs back through their by the time you get a 30 foot setback your building’s going to be at the bottom of the creek on the other side so it may encourage some developers, someone to undertake some stormwater improvements to really be able to redevelop parts of that area.

COMMISSIONER BUSBY: Paul? I have a question on this. I’m a little, maybe I’m misinterpreting this, but I’m a little concerned about 12 feet behind the curb on Shawnee Mission Parkway when the speed limit is 45 and most people drive 50 to 55’ it seems like that, it seems like we’re putting buildings very close to the Parkway then.

PLANNING DIRECTOR CHAFFEE: This is on the frontage road.

(Inaudible)

PLANNING DIRECTOR CHAFFEE: These are the frontage road…

COMMISSIONER BUSBY: Oh, the frontage road.

PLANNING DIRECTOR CHAFFEE: Yeah, not the Parkway itself. Okay? Not a problem. Then, the next two items come from our Codes Department wanting some further clarification to assist them in their work. So, especially regarding small storage structures so, you know, it’s just patios if they are proofed or unroofed or enclosed and also the top of the deck surface no more than 18 inches above ground level; and then for the number of building structures that you are allowed to have on a property is just generally just one, you can’t have two but we’ve already excluded things like open sided gazebos and patio kitchen and fireplace, a swing-set, and so, you know, you have the little portable Rubbermaid storage sheds that folks like to use that are very small in so just let our codes folks now that if someone has one of those applicants the house they can still have another bigger shed out in the yard. So this just clarifies that and being non-permanent and not fixing it to a foundation and things like that where they can pick it up and moving around if they need to; and then also clarification on construction of new driveways and parking areas, ever since 2001 if and existing driveway was gravel we allowed it to remain gravel we didn’t require it to become asphalt, concrete, or paver block like any of the others so what were basically doing is saying that if you’re going to expand your legal non-conforming gravel driveway then the expansion needs to be constructed of asphalt, concrete, or paver brick. And that’s just so we don’t have more of the gravel driveways there, they drag gravel all into the street and just cause all sorts of other issues and actually the Board of Zoning Appeals probably hears one or two a year for people who want to have gravel driveways and they’ve all been denied even though, you know, we let them know this is the track record but if you want to ask you can ask.

Then, before I get to the last issue, the other item Table of General Uses and this is where we segregate the different uses in the community as to what zoning districts they can go in. Commercial Highway is generally what you expect to see along Shawnee Mission Parkway, what you may see along 435, K-7 Highway, the busier streets, in fact to be zoned Commercial Highway you have to be four-lane and divided so you can’t, and I think 45 mile an hour speed limit. Commercial Neighborhood is what you’d expect to see in the neighborhood that you and your kids are going to go and do and feel sort of comfortable about, so some of the more intense uses or some of the more uses that are perceived to be an attractive for a neighborhood area such as your adult entertainment type of businesses is going into the Commercial Highway. Where little different than other cities, we just have the two commercial zoning districts, plus we have town square. A lot of cities have C-1, C-2, C-3, C-4, C-5 and everything here plus this and everything here plus this and everything here plus this and we just try to make it a little easier for, to provide guidance for different places to locate. So, often on we get uses are questions that, while it’s not listed here so where do you go and sometimes staff will find it difficult places to put where, where to classify them all, although there’s a table of uses that the federal government has it’s an SIC code list that cities hues that say if you’re not listed then you go to the one that is common with the SIC code and you fit it in there over on that side. So, what we’ve done is try to pull out in some places like the cash advance services, you know, right now you have to look under banking services is where they are and so it’s just easier for someone when they’re trying to take a look at it. It’s interesting because confectionery’s retail, we had manufacturing but we didn’t have retail for a candy shop so we had that come up. Staff has seen a lot and just ourselves in house has questioned the small fitness centers and we’ve seen several of them this year that are 2500 ft. and required to have a special use permit, well is that really something that is necessary if it’s that small you may have another type of business that’s gonna have more folks in it than the exercise business so at the 3000 ft. level we’ve added that it be permitted in the commercial neighborhood zoning district but if you get larger than you’re going to be a special use permit. Firearms retail, Kansas State statutes legislatures made some changes recently regarding the sale of firearms, which basically they can be sold wherever, you can sell them out of your house if you have a dealers’ license and you’ve actually been able do that for a long time so if you get your license through the, I don’t know, the firearms, national firearms folks you’re good to go. Home improvement centers, split them out for less than 20,000 ft. and greater than 20,000 ft.; special use permit in commercial neighborhood if there greater than 20,000 ft. seems to be a natural boundary between when hardware stores call themselves a hardware store and then when do they become a home improvement store and start selling the countertops and have a lumberyard inside and do the carpet and do a lot of contract for service, those type of stores. Then, I think we added indoor shooting ranges and that we have the tattoo studios that we talked about a little bit last year. So, those of the amendments that were taking a look at for the table of general uses. And then the last topic that we wanted to bring up is beauty shops as home occupations. Until 2000 beauty shops were permitted as a home occupation and we did a general revision of the home occupation guidelines and in part from complaints from neighbors that not just beauty shops but several other types of businesses where folks could come and go to someone’s house was getting out of hand and that in a lot of cases it was perceived that residential areas were turning into commercial areas just kind of creeping along and items changing. So, a home beauty shop was in the list that we removed and the complaints generally were at as opposed to a child care facility which we still allow as a home occupation, child care facilities generally the folks are in the neighborhood dropping a child off the same time everyone else is leaving for work between 6:30 and 8:00 and there can the kids up at the same time traffics coming home anyways between 4:30 and 6:00 and it’s not an all-day affair where with beauty shops every hour there’s one or two people showing up to have their hair done and traffic in just in general complaints along that line regarding home beauty shops. We still do have about four that predate 2000 that are on special use permits now; we review those as time goes by; and the residents are pretty used to it being there right now and don’t get a lot of issues or complaints although a couple of them have the call and remind them, you know, you need to have your clients get up in the driveway, don’t be parking in the street, that kind of thing. So, I think by and large worked well and there was some concern as opposed to childcare where some, a family can have eight children and so eight kids at the house and playing in the yard probably more traffic coming and going because the oldest one is driving the youngest one’s not, you know, it really wasn’t a type of business that was overly different than what we’ve seen before; so, unless there is an urge to put beauty shops back as home occupations we just wanted to bring it up again and kinda go from there.

COMMISSIONER BIENHOFF: Quick question. Do you get many requests for beauty shops as a home occupation?

PLANNING DIRECTOR CHAFFEE: Very few, yeah very few. So the procedure from here is if where comfortable with the proposed amendments to the zoning regulations, part of your job is to hold a public hearing and then recommend amendments to the governing body. So, if where comfortable with what is sort of shown in red and I will make the one change to the PUDMX to provide probably a little bit better clarification rather than using the word density when we’re not using it per acre but area per square feet so we’d recommend that you authorize us or authorize staff to publish for a public hearing on August the 17th.

CHAIRMAN BOGINA: Discussion? Bruce?

COMMISSIONER BIENHOFF: Just a quick question on the very first one, the second line, is that, should that be mixed as opposed to missed?

DEPUTY PLANNING DIRECTOR ALLMON: Mixed, yes.

COMMISSIONER BIENHOFF: Okay.

PLANNING DIRECTOR CHAFFEE: What line?

COMMISSIONER BIENHOFF: Second line. It says planned unit development missed residential.

PLANNING DIRECTOR CHAFFEE: Oh, yeah mixed residential. We’ll look at that.

COMMISSIONER WISE: Yeah, the second line from the bottom, Town square is misspelled.

PLANNING DIRECTOR CHAFFEE: Okay.

COMMISSIONER WISE: And then also on number three under the single residential overlay, make sure and take out that sentence about the 7 foot...

PLANNING DIRECTOR CHAFFEE: Yes.

COMMISSIONER WISE: In parenthesis.

PLANNING DIRECTOR CHAFFEE: Yeah, we just wanted to leave it in so you guys knew that we were talking about something else.

CHAIRMAN BOGINA: So, is there a motion for the Planning Commission to authorize the staff for the publication of a notice of public hearing for the proposed amendments at the August 17 Planning Commission meeting? Commissioner Wise.

COMMISSIONER WISE: I’ll make the motion to move forward with the proposing text amendments to the zoning regulations as discussed in modified this evening.

CHAIRMAN BOGINA: Thank you. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I’ll second the motion.

CHAIRMAN BOGINA: Motion and second to recommend to authorize the staff to publish for publication of the notice of public hearing to consider the proposed amendments on the meeting of August 17, all in favor?

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes.


(Motion passes 8-0)

CHAIRMAN BOGINA: That would take us to any other business that the Commission would have for the staff or the staff for the Commission. If not, is there a motion to adjourn?


CHAIRMAN BOGINA: You.

COMMISSIONER SPECHT: I’d like to make a motion to adjourn tonight’s meeting.

CHAIRMAN BOGINA: Thank you. Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I’ll second the motion.

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

COMMISSIONERS: Aye.

CHAIRMAN BOGINA: Opposed? Motion passes.


(Motion passes 8-0)