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ApprovedPlanningCommissionMeeting.3.20.17.pdfApprovedPlanningCommissionMeeting.3.20.17.pdf

CITY OF SHAWNEE
PLANNING COMMISSION MEETING
MINUTES
March 20, 2017
7:30 P.M.

PLANNING COMMISSIONERS PRESENT STAFF PRESENT
Commissioner Augie Bogina Planning Director Chaffee
Commissioner Randy Braley Deputy Planning Director Allmon
Commissioner Dennis Busby Planning Mark Zielsdorf
Commissioner Rusty Mudgett Administrative Asst. Angie Lind
Commissioner Kathy Peterson Transportation Manager Manning
Commissioner John Smith
Commissioner Les Smith
Commissioner Alan Willoughby
Commissioner Steven Wise

PLANNING COMMISSIONERS ABSENT
Commissioner Bruce Bienhoff

(Planning Commission Meeting Called to Order at 7:33 p.m.)

A. ROLL CALL

CHAIRMAN BUSBY: Good evening and welcome to the March 20, 2017 meeting of the Shawnee Planning Commission. We’ll start with roll call. Commissioner Mudgett.

COMMISSIONER MUDGETT: Here.

CHAIRMAN BUSBY: Commissioner John Smith.

COMMISSIONER JOHN SMITH: Here.

CHAIRMAN BUSBY: Commissioner Peterson

COMMISSIONER PETERSON: Yes.

CHAIRMAN BUSBY: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: Here.

CHAIRMAN BUSBY: Commissioner Bienhoff is absent. 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.

B. PLEDGE OF ALLEGIANCE

CHAIRMAN BUSBY: Please join me in reciting the Pledge of Allegiance.

(Pledge of Allegiance)

CHAIRMAN BUSBY: Thank you.

C. CONSENT ITEMS

1. APPROVE MINUTES FROM THE PLANNING COMMISSION MEETING OF MARCH 6, 2017.
2. FP-07-17-03; FINAL PLAT FOR SHAWNEE CROSSINGS RETAIL CENTER, NINTH PLAT, A TWO-LOT COMMERCIAL SUBDIVISION WITHIN SHAWNEE CROSSINGS RETAIL CENTER, GENERALLY LOCATED IN THE 22800 BLOCK OF MIDLAND DRIVE. THE APPLICATION IS FILED BY GEORGE BUTLER ASSOCIATES, INC. FOR SHAWNEE HOLDINGS, LLC, DEVELOPER.
3. SUP-05-08-03; REVIEW OF SPECIAL USE PERMIT FOR JIMMY JOHN'S TO ALLOW THE USE OF A DRIVE-THRU WINDOW, IN THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT, LOCATED AT 11110 W. 75TH STREET.

CHAIRMAN BUSBY: Items 1 through 3 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 Braley.

COMMISSIONER BRALEY: Yes. I’d like to make a motion that we approve the Consent Agenda Items including staff’s recommendations.

CHAIRMAN BUSBY: Thank you. 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: Opposed nay. Motion carried.

(Motion carried 9-0. Commissioner Bienhoff absent)

D. NEW BUSINESS

1. THE APPLICANT HAS REQUESTED THIS ITEM TO BE TABLED TO THE APRIL 3, 2017 MEETING. 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: Under New Business, the applicant -- Mark, are you going to talk or just --

MR. ZIELSDORF: No, no.

CHAIRMAN BUSBY: Okay. The applicant has requested the item to be tabled -- the applicant has requested this item be tabled to the April 3, 2017 meeting. 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.

Did anyone from the Commission have anything to add to this, or we’ll entertain a motion?

COMMISSIONER BOGINA: Mr. Chairman.

CHAIRMAN BUSBY: Commissioner Bogina.
COMMISSIONER BOGINA: I would move that we table until the April 3, 2017 meeting, Application Z-02-17-03, a rezoning from RS (Residential Suburban) to DU (Duplex Residential), and preliminary plat approval for a 41-lot duplex subdivision.

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

COMMISSIONER WILLOUGHBY: I second it.

CHAIRMAN BUSBY: There’s a motion and a second to table the aforementioned motion. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried.
(Motion carried 9-0 to table to 4/3/17. Commissioner Bienhoff absent)

2. S-049-17-03; SIGN VARIANCE REQUEST FOR LOCATION ALLOWED BY THE SIGN CODE. THE APPLICATION WAS FILED BY JEFF STONEBURNER, OWNER.

CHAIRMAN BUSBY: Is somebody going to speak on the sign variance?

MR. ALLMON: I will.

CHAIRMAN BUSBY: Oh, okay.

MR. ALLMON: Good evening. Doug Allmon, Planning staff. CityWide recently -- CityWide Electric recently constructed a new two-story building at 5911 Barton Street on the southeast corner of Barton Street and 59th Street. A wall sign permit has already been approved for the west side of the building which fronts Barton Street. A wall sign is allowed on the north fašade, because it fronts 59th Street.

The applicant is requesting a location variance to place a wall sign on the east fašade in lieu of placing a sign on the north fašade. The sign code allows the Planning Commission to grant a location variance to move a sign to an alternate wall.

With the exception of a sign location variance, the proposed sign on the east fašade complies with the sign code requirements. The proposed sign is internally illuminated with blue and black channel letters. The sign is approximately 25 feet square, which is 1.25% of the east fašade.

The applicant believes the sign variance is warranted because a wall sign on the east fašade will provide for better visibility from Nieman Road.
Recommendation

The Planning Commission shall consider approval of S-049-17-03, a wall sign location variance for CityWide Electric located at 5911 Barton Street. If the Planning Commission chooses to approve the variance request, Planning staff recommends the variance be subject to the following conditions:

1. A wall sign on the east elevation is permitted in lieu of a wall sign on the north elevation.

2. All requirements of Shawnee Municipal Code 5.64 shall be met. A sign permit shall be obtained from the Planning Department prior to installation of the sign.

And to kind of help explain I shot some photos. Obviously here is the proposed sign on the wall. I’ve drawn a little red arrow there. This is facing north. This is the lot where the sign is. As you can see there’s a -- I took photographs. I’m going to show you a view quarter through here, a view quarter through here. This is the wall that a sign would be allowed on that faces directly north. This is the view from Nieman Road through -- between Donovan and that insurance office that is directly to the north of that. That’s the approximate location of where the sign would be. And then for southbound traffic I went ahead and snapped a photograph at the intersection of Nieman and 59th. And that’s the approximate size. So, as you’re coming down the hill or looking to the right you would actually be able to see that from the road where you can see just barely the face of the north side of that building. So, I thought that might help. I believe the applicant is here to explain the request as well.

CHAIRMAN BUSBY: Thank you, Doug. Is the applicant present?

MR. STONEBURNER: Yes.

CHAIRMAN BUSBY: Will you come forward and state your name and address, please?

MR. STONEBURNER: Sure. Good evening. I’m Jeff Stoneburner with CityWide Electric.

CHAIRMAN BUSBY: Address?

MR. STONEBURNER: New address is 5911 Barton.

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

COMMISSIONER PETERSON: It’s actually not a question for the owner, but I wanted to say that building looks fantastic. It’s been a nice addition. But if we allow this variance, would -- should this building turn over for some reason, you continue to grow and you needed even bigger space or something like that, would that sign be there for the next owner, or is this just for the duration of this? They would have to --

MR. ALLMON: Generally the sign would be removed when the business moves as well. And if someone were to come in with a different sign, they would have to request a variance because my guess is that size might be a little different or the colors might be different. But generally we would require a new variance for any new sign permit because a new permit would be required.

CHAIRMAN BUSBY: Any other questions for applicant or staff? This isn’t a public -- no. No public hearing. Thank you, sir. Commissioner Wise.

COMMISSIONER WISE: Sorry. Quick question. I noticed in your view from Nieman that actually if the sign is placed where he’s showing on the elevation that would be behind the building. The question is should the sign be moved over if we’re going to make it visible from Nieman and approve this. I think the placement would make more sense if it was just I think moved south a little.

MR. ALLMON: You mean north towards the front corner of the building? It would be on the east side, so closer to the street. I think the difficulty with that is if you notice there’s a roof bump-up. And that technically would place the sign if you moved it that way and moved it up, it would be above the principal roof line. It would be considered a roof sign. I think that’s why this spot was chosen. He might be able to answer that as well.

COMMISSIONER WISE: Okay. That makes sense.

MR. ALLMON: But that would be my thought on it.

COMMISSIONER WISE: Okay. Thank you.

CHAIRMAN BUSBY: Any other questions for applicant or staff? Thank you, sir.

MR. STONEBURNER: Thank you.

CHAIRMAN BUSBY: Then we’ll be in Commission discussion. Would someone care to make a motion on the item?

COMMISSIONER WILLOUGHBY: Sure.

CHAIRMAN BUSBY: Commissioner Willoughby.
COMMISSIONER WILLOUGHBY: I move; that we approve sign variance S-049-17-03 for CityWide Electric at 5911 Barton Street per staff recommendations.

CHAIRMAN BUSBY: Is there a second? Commissioner John Smith.

COMMISSIONER JOHN SMITH: I’d second the motion.

CHAIRMAN BUSBY: I think there’s a motion and second to approve the sign variance S-049-17-03. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried.
(Motion passed 9-0; Commissioner Bienhoff absent)

E. OTHER BUSINESS

CHAIRMAN BUSBY: This would lead us into questions for staff, or does staff have questions for the commission? Staff has nothing for us. Does the commission have anything for staff?

F. ADJOURNMENT

CHAIRMAN BUSBY: Commissioner Willoughby.

COMMISSIONER WILLOUGHBY: I move for adjournment.

CHAIRMAN BUSBY: Oh, boy, we’re quick tonight. Is there a second on that motion? Commissioner Les Smith.

COMMISSIONER L. SMITH: Second.

CHAIRMAN BUSBY: There’s a motion and a second to adjourn. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. We’re done. Thank you.
(Motion passed 9-0. Commissioner Bienhoff absent)

(Shawnee Planning Commission Meeting Adjourned at 7.44 p.m.)