PLANNING COMMISSION MEETING
April 18, 2016
PLANNING COMMISSIONERS PRESENT STAFF PRESENT
Commissioner Bruce Bienhoff Planning Director Paul Chaffee
Commissioner Augie Bogina Deputy Planning Director Doug Allmon
Commissioner Randy Braley Planner Mark Zielsdorf
Commissioner Dennis Busby Administrative Assistant Angie Lind
Commissioner Doug Hill
Commissioner Kathy Peterson
Commissioner Les Smith
Commissioner Sara Somsky
Commissioner Henry Specht
Commissioner Alan Willoughby
Commissioner Steven Wise
CHAIRMAN BOGINA: Good evening and welcome to the April 18, 2016 meeting of the Shawnee Planning Commission. We’ll start with roll call.
A. ROLL CALL
CHAIRMAN BOGINA: Commissioner Somsky.
COMMISSIONER SOMSKY: Present.
CHAIRMAN BOGINA: Commissioner Peterson.
COMMISSIONER PETERSON: Present.
CHAIRMAN BOGINA: Commissioner Willoughby is absent.
COMMISSIONER WILLOUGHBY ARRIVED AFTER ROLL CALL
CHAIRMAN BOGINA: Commissioner Bienhoff.
COMMISSIONER BIENHOFF: Here.
CHAIRMAN BOGINA: Commissioner Busby.
COMMISSIONER BUSBY: Here.
CHAIRMAN BOGINA: Commissioner Bogina is here.
CHAIRMAN BOGINA: Commissioner Wise.
COMMISSIONER WISE: Here.
CHAIRMAN BOGINA: Commissioner Braley.
COMMISSIONER BRALEY: Here.
CHAIRMAN BOGINA: Commissioner Specht.
COMMISSIONER SPECHT: Here.
CHAIRMAN BOGINA: Commissioner Smith.
COMMISSIONER SMITH: Here.
CHAIRMAN BOGINA: Commissioner Hill.
COMMISSIONER HILL: Here.
CHAIRMAN BOGINA: Thank you. If you’d please rise and join us in the Pledge of Allegiance.
B. PLEDGE OF ALLEGIANCE
CHAIRMAN BOGINA: Thank you.
C. CONSENT ITEMS:
CHAIRMAN BOGINA: Item C. is the Consent Agenda. Items 1 through 7 are listed under the Consent Agenda Items. Unless there is a request to remove an item from the Consent Agenda, the items will be approved in one motion. Is there a request to remove an item from the Consent Agenda? Good evening Commissioner Willoughby. If not, is there a motion to approve the Consent Agenda? Commissioner Bienhoff.
1. APPROVE MINUTES FROM THE PLANNING COMMISSION MEETING OF APRIL 4, 2016.
2. SUP-01-82-01; SPECIAL USE PERMIT REVIEW FOR JIM AND PATTY VORE DBA VORECO, TO OPERATE PEPPERMINT PATTY’S, A COMMERCIAL DAY CARE CENTER AS A LEGAL NON-CONFORMING USE AT 5603 NIEMAN ROAD AND 11010 WEST 56TH TERRACE.
3. SUP-07-81-12; SPECIAL USE PERMIT REVIEW FOR CENCOR, INC., TO OPERATE LA PETITE ACADEMY, A DAY CARE CENTER IN THE COMMERCIAL HIGHWAY ZONING DISTRICT, LOCATED AT 12850 SHAWNEE MISSION PARKWAY.
4. SUP-02-89-03; SPECIAL USE PERMIT REVIEW FOR BONITA COLVIN TO OPERATE BONOS LITTLE BLESSINGS DAYCARE, A GROUP DAY CARE WITH UP TO TEN (10) CHILDREN IN HER RESIDENCE, LOCATED AT 12219 WEST 61ST STREET.
5. SUP-02-15-02; SPECIAL USE PERMIT REVIEW FOR TWISTER’S BAR AND GRILL TO ALLOW LIVE ENTERTAINMENT IN THE FORM OF A DISC JOCKEY, KARAOKE, MUSIC TRIVIA OR A LIVE BAND, LOCATED AT 13410 W. 62ND TERRACE.
6. SP-13-16-04; SITE PLAN APPROVAL FOR DANCE EXPRESSIONS FOR THE CONSTRUCTION OF AN 11,035 SQUARE FOOT DANCE STUDIO TO BE LOCATED AT 8305 HEDGE LANE TERRACE. THE APPLICATION IS FILED BY NOLTE ARCHITECTS FOR ENCORE ENTERPRISES LLC, OWNER.
7. FP-12-16-04; FINAL PLAT APPROVAL FOR JOHNSON COUNTY MENTAL HEALTH COMMUNITY SUPPORT SERVICES, SECOND PLAT, A CONDOMINIUM REPLAT FOR AN EXISTING HUMAN SERVICES BUILDING LOCATED AT 6440 NIEMAN ROAD. THE APPLICATION IS FILED BY GEORGE BUTLER ASSOCIATES FOR JOHNSON COUNTY KANSAS GOVERNMENT, OWNER.
COMMISSIONER BIENHOFF: Yes, Mr. Chairman, I move for approval of the Consent Agenda as presented by staff.
CHAIRMAN BOGINA: Thank you. Commissioner Wise.
COMMISSIONER WISE: Second that motion.
CHAIRMAN BOGINA: There’s a motion and a second to approve the Consent Agenda, all in favor?
CHAIRMAN BOGINA: Opposed? Motion passes and I would note that Item number 6, I would abstain from as Mr. Nolte is the architect of record on one of my projects.
(Motion passes 11-0, Items 1-5 and 7; Motion passes 10-1-0, Item 6)CHAIRMAN BOGINA: That takes us to:
D. OTHER BUSINESS
CHAIRMAN BOGINA: Paul.
PLANNING DIRECTOR CHAFFEE: Just had a few items. First of all I wanted to let you all know the Governing Body accepted your recommendation to deny the special use permit for the Johnson County Tree Service project, so I wanted to relay that on to you. And then one of the things that I’ve been trying to do since the Deffenbaugh hearing is just keep you up-to-date on the activity and discussions that we had with the applicant; basically the applicant has decided that rather than entering into agreements with them, that they are going to propose that stipulations be revised and in order to revise the stipulations they have to be the ones that sort of initiated and say it’s okay; so, what you will see on the meeting of the 16th, there are some revisions to the conditions of approval. We’ve been moving along well on the odor control stipulation; probably the biggest thing to come out of that is that one of the requirements will be during the future phases of the development is, proceeds toward 2043 that as the cells are created from the beginning the piping will begin to be laid for the gas extraction and wells and piping, so if the same issue happens and we get lots of rain real early on in the process then it’s going to be there and it isn’t going to take a long period of time to get that up and running, so that’s the biggest thing you’ll see under the odor control.
I also wanted to let you know that over the past six weeks since they turn on the new pipes and run the flares the number of complaints has really diminished an awful lot so we’re just not getting the daily complaints or the five complaints a day. One of the other things that you’ll see with the odor control is back in 2011 when we did some revisions to the stipulations was when Deffenbaugh was required to start composting yard waste where Johnson County residents could not go into the landfill even though yard waste from other sources can go into the landfill so they had to create a composting area and that does create odors when they turn the composting and you can imagine how much yard waste and how large their composting area is and so one of the things that we’re going to take a look at and propose to them is that they not turn the compost piles on Saturday and Sunday. Two reasons for that: one is that we can get them during the day when a lot of people are at work it may not be as bad an odor as on Saturday when folks tend to be at home more on Sundays; and then also in addition to that, we tend to have a lot of volleyball tournaments or softball tournaments or baseball tournaments or the hockey folks are having quite a few folks over so those events tend to be on weekends also or late Friday night into Sunday so we’re going to be making a recommendation that between March and October the compost pile might be turned on Saturdays or Sundays. You’ll see, hopefully they will agree to that and it may be a topic of discussion when we bring it back. Litter control, Deffenbaugh does do the litter control on I-435 from Shawnee Mission Parkway to the 435 bridge at the Kansas River. In the past there had been requests for them to also to do some of the litter control on the bridge, we just think it’s dangerous and don’t really want them on there, nor do we want them on the overpass of Johnson Drive and Shawnee Mission Parkway with the traffic that is, that’s close by. One of the items that they’ve been doing for us the last three months is providing us a log of the days they are out there, the number of hours that they are there and the number of workers that had been on site and I think if you take a look at 435 even previous to our discussions in that area is a lot cleaner; if you’ve driven around Johnson County especially if you go down 435 down in the south area or if you go down Highway 69, you know, the State Department of Transportation doesn’t have a lot of money anymore so that’s one of the items that have apparently they’ve decided they are no longer going to do is patrol and keep trash clean; but, I think Deffenbaugh has done a really good job. And then to just sort of piggyback on that, the City, we do once a month we contract with a private contractor to go from Shawnee Mission Parkway up to 79th St. and clean for 435 in the area. So, there’s is on a more frequent basis, twice a week at least, so they are doing well. And then the third thing is storm water management and we’ve been discussing with them that perhaps hosing down there in tree Road and hosing down the medians a little bit better than they have or if there tends to be in accumulation of dust along Holliday Drive to hose it down and scrape it off a little bit better. So, I think in all three areas we’ve been doing some good work.
One of the things in her discussions with Deffenbaugh, we told them at our last meeting that we met with them was that we had wished that they had let us know a little earlier but, you know, we are always tracking sources and some of us here are real well versed with what is the wastewater treatment plant, which is located at this location and we’re well versed on the odors trash and odors of compost but there has always been an odor that we couldn’t quite figure out where it was coming from but it was a really putrid odor and sometimes you would smell it even over in here but most frequently we get the complaints along Holliday Dr., east of K-7 and up in Lake Quivira and it tended to be landfill smells really, really, bad and so we would go and our initial thought was a musky odor and sometimes a little more putrid than others and sometimes it is really, really, bad…well, Kansas City, Kansas operates a wastewater treatment plant right at this location which is off Woodend and then the street, 88th St. turns up in this is K-32; there are four treatment cells out there and we call it the fourth one just because it is the furthest one, really stinks and especially on a Wednesday afternoon, so just during one of our discussions with Deffenbaugh folks we said, well, you know, we hate getting this real putrid odor pinned on us and by the way did you guys know that there is this wastewater treatment plant that on Wednesday afternoon something is going on and it really smells bad on Wednesdays but it smells bad the rest the time so I wanted to run out and smelled and came back and told other folks in the office, we’ve got to go out and take a smile of this so Doug and Mark went out one time and the smell wasn’t too bad you could tell something was going on and then I took Vicki out last Wednesday and she couldn’t get out of there fast enough so I have a couple of other staff folks that I’m taking out this Wednesday to see; so if it really does seem to be the recurring will contact them and let them know that we have odors; but it’s something sort of else in our toolbox when we get those smells that I think, you know, everyone or not everyone but 90% of the folks think that anytime there’s an odor out in that area is coming from the landfill and it’s really not and they shouldn’t be, you know, for that so I did want to let you know that one of the interesting things that we’ve found out.
Then finally, when we had our review in February we had, you know, only one citizen who really came up and made any comments and his was more in relation to can you all do something to provide additional landscaping on the hill, Hillside that we take a look at. So, we went out in February and came back at one of the earlier meetings and let you know that what Deffenbaugh has planted on the side are wildflowers and crown vetch in the area and it’s just like your yard in the winter it’s brown and it looks pretty bad. So, we went out again last week and to take some pictures where just like everything else in the area it’s starting to green up a little bit; from about here is not a natural hillside, in this area right about here, this is man-made from shale and rocks that they’ve extracted while they’ve built the cells and so then they built the walls up, so it’s very difficult you can’t just go in and try and dig a hole and plant a tree and expect to keep; the nice thing about crown vetch is that it has a pretty shallow root system; you can spread the seed and it’ll take with a little bit of dirt that’s in the rock. So, I don’t know how we wanted to address it. At the meeting the gentlemen talked about the, I think here is another good picture, and you can see the, when I get to a slide that shows a little to the south you can start to see the Cedars that are volunteer that where they can grow they’ll hook in and grow. This berm is about 15 to 20 years old. What you see along 435 is just the natural hillside where for station still occurred. On the south side, which is about 25 years old, is where they created some work between the Public Works building and 435 but if you look in there it’s pretty forested but all of that is volunteer; that used to look like this did about 25 years ago so that gives you a feel. The gentleman mentioned planting some pines toward the top and this area you can sort of see where there’s a row of pines that follows from this end and sort of wraps around Johnson Drive and those were planted about 30 years ago to hide the view from a quarry plant that was in the area at the time, that’s where they were quarrying, so it was actually to hide something and not for anything else. So, you know, something that we can kind of, you may want to consider or do we even want to encourage the trees are not hiding anything today nor will they hide anything in 20 years or are we trying to, this is a natural hillside; you can see where sort of back behind or if you drive there you can see where the native forest is; you know, I don’t know if it does anything except maybe draw more attention to it than otherwise; it sort of looks like, I’m sure a lot of you have seen, you know, the dams over by Clinton Lake or Tuttle Creek where it sort of has this appearance anyway where it’s just the backside of a dam. So that is something that will want to talk about in May and make some recommendations and we’ll be visiting with some folks out in that area and bring you some pictures probably by May they’ll be some of the wildflowers in bloom. So, I wanted to keep you up on that part of it.
Then finally, a little bit about the waste diversion. Starting in 2012 Johnson County required Johnson County residents to separate their yard waste and put them in the craft bag and have them separated from regular waste so that’s what we’ve done. They made a run at requiring anyone who used the landfill, Wyandotte County, residents from the northland, that if they were going to bring trash to the landfill that they would have to divert yard waste but the state legislature didn’t quite see it the same way and so let the county know that, you know, they can put regulations on their own residents but they cannot put regulations on others; so the amount that we originally estimated may be diverted is not as great as it was before; however, the good news is, is that we are diverting about 25%, 20 to 25% of our waste which is now being diverted out of the landfill and is being composted, hence we have the compost issue, it’s not something Deffenbaugh necessarily wants to do but they have no other choice so the waste diversions are good; we’ll get you some information on the number of tons that are being deposited at the landfill, there was a dip in 2008 and 2009 during when the recession, it just wasn’t as much building going on and we weren’t doing the waste diversion yet. In 2010 you’ll see a spike and what happened in 2010 was that dirt from Sunflower Ammunition Plant, the dirt that was contaminated was disposed of in the landfill; it met all acceptable regulations. So, in 2010 you’ll see a spike; in 2011 you’ll see the number go down again; and then these last couple years we are about where we were in 2008 so it’s a little bit of a rebound but then when you consider, of course, we’ve had growth in Kansas City area for when you consider there is actually another 20% that would’ve gone into the landfill that doesn’t go in today it just sort of gives you a feel for how much waste we all generate and how much waste is going into the landfill.
If you have any questions on any of that…that’s good, will be meeting with the Deffenbaugh folks here again later this week or early next week and like I said I think we’re real close coming up with the revised stipulations. We’ll get them out to you all had of time as soon as we get them see you can kind I have a feel for what is working to present that evening and have a go. I wanted to let you know they’ve been really good to work with, of course this is their livelihood that we have an interest in, but I think that once everyone with Deffenbaugh and Waste Management got on board and really fully understood what the situation was, you know wanted to get corrected and take care of so I think they have done a good job.
CHAIRMAN BOGINA: Thanks, Paul.
PLANNING DIRECTOR CHAFFEE: That’s all I’ve got. You bet.
CHAIRMAN BOGINA: And I think you and I have talked about this a little bit, do you think they would be willing to run some projections as to when they’ll hit capacity based upon the trends that they’re having with yard waste diversion?
PLANNING DIRECTOR CHAFFEE: Yeah, I will ask them if they can run some estimates and see how they feel. I think the thing that is important is the special use permit as of today goes to 2043 and that they have the understanding of that and that if for some reason they don’t think they are can as much waste some time down the line and I think closer to the date rather than something today trying to guess how much waste there going to generate in 20 years down the road in the future but they need to come back and have some discussions, you know, with us but that’s certainly not a discussion for today nor a discussion in 10 years it’s a discussion to have later on down the line and Chairman Bogina as you and I have discussed we don’t even know what technologies are going to be available, you know, for waste, you know.
CHAIRMAN BOGINA: That’s true…
CHAIRMAN BOGINA: And I think there are some things I’m unclear about it, that’s all. And I would just, whatever, you know, Planning Commissioners in 20 years that drives their jet packs here they may not understand our basis and I think that it’s unclear when they injected X amount of tons to be diverted and it hasn’t been, but it could, maybe somehow they divert something else to make it…but and so they are on for the second Monday in May?
PLANNING DIRECTOR CHAFFEE: Yeah, the second meeting in May, the 16th.
CHAIRMAN BOGINA: And I think that you were gonna tell us about the first Monday in May?
PLANNING DIRECTOR CHAFFEE: Yeah, one other item. We don’t have anything on the docket for May 2 so if you would like to make a motion to cancel the meeting we can do that and see you all in four weeks.
COMMISSIONER BIENHOFF: Mr. Chairman, a question for Paul, if that’s all right?
CHAIRMAN BOGINA: Commissioner Bienhoff.
COMMISSIONER BIENHOFF: Yeah, Paul on the Wyandotte County wastewater plant, is that a new plant or is that, has it been there for a long time, is there a number that we can refer residents to call them?
PLANNING DIRECTOR CHAFFEE: Yeah, I think it’s been there for quite a while. It doesn’t look like it is a new…
COMMISSIONER BIENHOFF: And would it be under…
PLANNING DIRECTOR CHAFFEE: …a new facility.
COMMISSIONER BIENHOFF: And would it be in our best interest to put them on alert that we are getting some pretty serious odors now?
PLANNING DIRECTOR CHAFFEE: That’s…I think after we go back out this week and we know it’s been four weeks in a row and this is when it tends to be that we’ll make that phone call and try and find out, you know, is there something that you pour in, you know, into the system on Wednesdays that makes it, you know, more odiferous and other times or just that, you know, were getting the complaints and certainly something that we can put on our website, you know, because we do identify the wastewater, Johnson County’s wastewater treatment plant out at the Millcreek plant as a potential source and we know when those times happen, is when the water turns and there’s a three-week period when, you know, the stuff from the bottom, because changing from the cold temperatures to the warm temperatures in the water from the bottom rises to the top and when that happens it tends to give off an odor and it doesn’t last a long time but it does, but we have that kind of information out on our website for citizens and certainly, you know, put it out that when you get that putrid smell especially when the winds are coming up out of the north or northwest or even, you know, we tend to think that when we get the complaints on Holliday Drive in front of the landfill it’s when the winds are out of the northeast, you know, going back across but there is that other source and certainly provide information on how folks can make that contact too.
CHAIRMAN BOGINA: Thank you. Does staff have any other business for the Commission?
PLANNING DIRECTOR CHAFFEE: Staff has no other business.
CHAIRMAN BOGINA: Does the Commission have any business for staff? Commissioner Willoughby.
COMMISSIONER WILLOUGHBY: I move to cancel the May 2 meeting of the Planning Commission.
CHAIRMAN BOGINA: There’s a motion to cancel the, you said the second, May 2 meeting of the Planning Commission, is there a…? Commissioner Specht.
COMMISSIONER SPECHT: I’ll second that motion.
CHAIRMAN BOGINA: Motion and second to cancel the May 2, 2016 meeting of the Shawnee Planning Commission, all in favor.
CHAIRMAN BOGINA: Opposed? Motion passes.
(Motion passes 11-0)CHAIRMAN BOGINA: Commissioner Smith, do you have something?
COMMISSIONER SMITH: No, that was going to be it, think you.
CHAIRMAN BOGINA: I just have one or two little things. I’m sure that Commissioner Busby is going to make a joke about this, but as I was traveling down the road there was chickens crossing the road that got out of a backyard of a single family home, is that a permitted process?
PLANNING DIRECTOR CHAFFEE: Yes, we do allow the harboring of chickens. If you let us know…
COMMISSIONER BUSBY: It wasn’t at my house.
PLANNING DIRECTOR CHAFFEE: If you let us know the general area we can certainly look at those licenses and see.
CHAIRMAN BOGINA: I saw…
CHAIRMAN BOGINA: I didn’t know Shawnee did or did.
PLANNING DIRECTOR CHAFFEE: Yes, we do.
CHAIRMAN BOGINA: It didn’t bother me, they, herding chickens was probably not fun for them on Sunday morning.
PLANNING DIRECTOR CHAFFEE: Yes, we do allow…
CHAIRMAN BOGINA: Kind of strange right on Nieman. And the Council is having a discussion about or will have a discussion about the excise tax?
PLANNING DIRECTOR CHAFFEE: They will in August, though be talking about the excise tax, whether to retain the excise tax, extend the abatements that we have; there are all kinds of implications that we need to talk through with them to make sure that they really understand especially as the State continues to limit the ability for cities to raise funds to undertake other activities. One of the things that happened probably eight or nine years ago, they passed a, I don’t want to say law, but passed a statute that cities couldn’t create taxes and other fees, but if you had an excise tax on the books you were still good, you couldn’t raise your fee or if you propose to raise the fee you have to go to a vote so that is why everybody over the last few years just stayed at the 21 ½ cent; the other issue is that if you abolish your excise tax, you don’t get it back. So, that’s something that, you know, you certainly want to have that discussion with them that if you want to continue to abate it but keep it on the books it will always provide opportunity to start collecting it again and provide some financial resources for improvements of streets. What we’ve used excise tax that we collected in the past we use it to lower our debt payments, so when we go to bonds, if we were issuing $2 million or $3 million worth of bonds for street improvements and we had $500,000 or so in the excise tax fund we would apply the $500,000 and then only borrow $2 ½ million rather than borrowing $3 million. That’s sort of how we applied it in the past and some years we certainly collected a lot of excise tax; a couple of years we collected over $1 million worth; the last four years we’ve done abatements and we’ve abated about $3.1 million but the reason that we did the abatement was to try and keep things going and stimulate folks to go out and create new subdivisions or create new developments but there was always that claw-back that if you had a certain number of lots, if there were 25 lots in your subdivision and within a two-year period for instance you would have eight houses that were constructed and you had your certificate of occupancy see just to get your excise tax abatement and never do anything for a while; so there was sort of that push to finish it out. So we will be having discussion.
CHAIRMAN BOGINA: And does it, how does it apply to all commercial and, I mean everything that needs to be platted?
PLANNING DIRECTOR CHAFFEE: It applies, well, there are certain restrictions that if for instance we just did a plat on Shawnee Mission Parkway and or Parkway Shopping Center up where JoAnn’s and the dentist office is, it was platted into two lots and since there were improvements already on Lot 1, that portion of the plat was excluded so the only portion that was applicable to the excise tax was the lot that was newly created. Some other examples are down where McAllister’s and Discount Tire’s going, it was a re-plat of existing ground that had been developed, they are exempt, we exempt the County, we exempt the school district because that’s just money kind of going back and forth to each other so we don’t do that but it’s, yeah it’s figured 21 ½ cents per square foot if a property owner is dedicating additional right-of-way for a major arterial, minor arterial, or major collector we deduct the amount of the right away in it but not the right-of-way just for normal streets. Or there’s deductions, I guess, if you donate ground to the city and it becomes City park ground and so we have this…
CHAIRMAN BOGINA: Well, nothing spurs development like somebody thinking their tax incentives are going to go away. So, think you and does the Commission have any other business? If not, Commissioner Peterson do you have a motion?
COMMISSIONER PETERSON: I move we adjourn.
CHAIRMAN BOGINA: Thank you. Commissioner Hill.
COMMISSIONER HILL: I second that motion.
CHAIRMAN BOGINA: Motion and second to adjourn, all in favor.
CHAIRMAN BOGINA: Opposed? Motion passes, thank you.
(Motion passes 11-0)