CITY OF SHAWNEE
PLANNING COMMISSION MEETING
April 17, 2017
PLANNING COMMISSIONERS PRESENT STAFF PRESENT
Commissioner Augie Bogina Planning Director Chaffee
Commissioner Randy Braley Planner Mark Zielsdorf
Commissioner Dennis Busby Administrative Asst. Angie Lind
Commissioner Rusty Mudgett
Commissioner Kathy Peterson
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 7:30 p.m.)
A. ROLL CALL
CHAIRMAN BUSBY: Good evening. Welcome to the April 17, 2017 meeting of the Shawnee Planning Commission. We’ll 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 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.
CHAIRMAN BUSBY: Commissioner Mudgett.
COMMISSIONER MUDGETT: Here.
B. PLEDGE OF ALLEGIANCE
CHAIRMAN BUSBY: Please join me in reciting the Pledge of Allegiance.
(Pledge of Allegiance)
C. CONSENT ITEMS
1. APPROVE MINUTES FROM THE PLANNING COMMISSION MEETING OF APRIL 3, 2017.
2. SUP-02-96-04; REVIEW OF A SPECIAL USE PERMIT FOR SPRINT TELECOMMUNICATIONS VENTURE TO OPERATE AN EIGHTY-FOOT (80′) MONOPOLE TELECOMMUNICATIONS TOWER, LOCATED AT 12910 SHAWNEE MISSION PARKWAY.
3. SUP-01-96-03; REVIEW OF A SPECIAL USE PERMIT ISSUED TO RANDY AND MARLYNDA HILL TO OPERATE SUGAR AND SPICE CHILD CARE, LOCATED AT 11104 WEST 61ST STREET.
4. SUP-06-08-04; REVIEW OF A SPECIAL USE PERMIT ISSUED TO JAMEE SCHMITZ FOR THE OPERATION OF AN IN-HOME DAY CARE FOR UP TO TEN (10) CHILDREN AS A HOME OCCUPATION, AT 23780 WEST 57TH STREET.
5. SUP-02-03-04; REVIEW OF A SPECIAL USE PERMIT ISSUED TO SURF AND GO IV, TO OPERATE GASOLINE PUMPS AT A CONVENIENCE STORE, IN THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT, LOCATED AT 7154 RENNER ROAD.
6. SP-10-17-04; SITE PLAN APPROVAL TO REVISE THE EXTERIOR COLOR OF THE FORMER CALVERT’S EXPRESS AUTOMOTIVE BUILDING, LOCATED AT 10306 SHAWNEE MISSION PARKWAY. THE APPLICATION IS FILED BY JERRY FRAZIER OF THE EMBREE CONSTRUCTION GROUP FOR SAFELITE AUTO GLASS.
7. SP-11-17-04; SITE PLAN APPROVAL FOR CONSTRUCTION OF A 15,110 SQUARE FOOT GYMNASTICS STUDIO TO BE LOCATED AT 7703 MEADOW VIEW DRIVE. THE APPLICATION IS FILED BY DAVIDSON ARCHITECTURE AND ENGINEERING FOR MORGAN KUCHYNKA, OWNER.
CHAIRMAN BUSBY: Items 1 through 7 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. Mr. Willoughby.
COMMISSIONER WILLOUGHBY: I’d like to clarify my motion at the last meeting was to table the Canyon Lakes rezoning to the May 1st, 2017 meeting.
CHAIRMAN BUSBY: Thank you, Commissioner Willoughby. Is there a request to remove an item from the Consent Agenda? Commissioner Smith.
COMMISSIONER J. SMITH: I have a question or would ask for clarification in the minutes. I believe it’s on -- let me find it here. It was where we -- I asked staff about clarification about the utilities. I think it’s on page 22. Staff answered that the utilities would -- I think Mark said it. It’s the top paragraph on page 22. Where you talk -- placed in the rear or the side yards. Generally utilities such as Google Fiber and those that have flush-mounted, as long as they are in the right-of-way or in a dedicated utility easement, these can be placed in the front. But the intent of that policy is to keep all the telephone pedestals and the above ground utility boxes and all of that stuff being clustered in the front yards. I think that should be back yards not front yards.
CHAIRMAN BUSBY: Does staff have a comment on that?
COMMISSIONER J. SMITH: It’s the top of page 22.
CHAIRMAN BUSBY: Mark?
MR. ZIELSDORF: I think that’s probably exactly how I said it since they take these verbatim. But basically what it’s intended to say is to -- the idea of the policy is to keep all the different utility pedestals from being clustered up in the front yards, to clutter up the front yards. So, the policy is to put the pedestal, the above ground pedestals in the side and rear yards.
CHAIRMAN BUSBY: Very good. I guess that clarification will be added the minutes then, is that correct?
MS. LIND: Yes.
CHAIRMAN BUSBY: Yeah. Very good. Anything else on the minutes or on the other items on the Consent Agenda? If not, is there a motion to approve the Consent Agenda? Commissioner Les Smith.
COMMISSIONER L. SMITH: John Smith.
CHAIRMAN BUSBY: John Smith. I’m sorry. Got my Smiths wrong tonight.
COMMISSIONER L. SMITH: Got me all excited.
COMMISSIONER J. SMITH: Thank you, Mr. Chairman. I would move that we approve the Planning Commission meeting minutes of the April 3, 2017 meeting.
CHAIRMAN BUSBY: Thank you. Is there a second?
MS. LIND: No. The agenda or just the minutes?
CHAIRMAN BUSBY: Oh, Consent Agenda.
COMMISSIONER J. SMITH: The Consent Agenda. I’m sorry.
CHAIRMAN BUSBY: Thank you. Is there a second?
COMMISSIONER BOGINA: Second.
CHAIRMAN BUSBY: Thank you, Commissioner Bogina. There’s a motion and a second to -- for the Consent Agenda. All in favor say aye.
CHAIRMAN BUSBY: Oppose nay. Motion carried.
(Motion carried 9-0, Commissioner Bienhoff absent)
D. NEW BUSINESS
1. DETERMINE CONSISTENCY OF A PROPOSED PROJECT PLAN WITH THE COMPREHENSIVE PLAN, TO BE DEVELOPED IN THE BELLMONT LANDING TIF (TAX INCREMENT FINANCING) DISTRICT, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SHAWNEE MISSION PARKWAY AND MAURER ROAD.
CHAIRMAN BUSBY: Next under New Business is Determine Consistency of a Proposed Project Plan with the Comprehensive Plan, to Be Developed in the Bellmont Landing TIF (Tax Increment Financing) District, Generally Located at the Southwest Corner of Shawnee Mission Parkway and Maurer Road. Paul.
MR. CHAFFEE: The purpose of the Determination of Consistency is a requirement of the state statute regarding the creation of TIF districts and then the project plans.
The Governing Body, at their December 22, 2014, meeting held a public hearing to consider creation of a TIF (Tax Increment Financing) District for the southwest corner of Shawnee Mission Parkway and Maurer. The Governing Body found the requirements for creation of the district were satisfied. And at that time an initial plan indicated retail and office uses on the site, which was in conformance with the Land Use Guide.
The next step in the process is submission of a proposed “Project Plan” in general terms. Prior to the Governing Body setting a date to hold a public hearing on the project plan, the Planning Commission reviews the “Project Plan” to determine if the proposed uses generally conform to the intent of the Comprehensive Plan. Occasionally, the Planning Commission may consider several project plans during the life of a TIF.
The applicant has submitted a “Project Plan” for the proposed project to be undertaken. This project consists of both demolition of existing structures and new construction on the property. Upon completion of the project, there will be approximately 264,000 square feet of leasable retail and office space on the 26.24 acre site.
The “Project Plan” consists of the following items in general terms:
1. Construction of an in-line retail shopping center containing approximately 150,000 to 200,000 square feet;
2. Construction of approximately 35,000 to 65,000 square feet of space on 6-7 commercial building pad sites;
3. Infrastructure improvements including grading and fill, streets, sidewalks, stormwater treatment facilities, stormwater collection facilities, parking areas, landscaping open spaces, traffic signals, lighting and utilities. These improvements include the construction of 66th Street from Maurer Road to the western property line.
The Project Plan itself is consistent with the TIF District Plan approved by the City in 2014.
The City has contracted for a Feasibility Study, based on the developer’s projections, for financing the project as required by TIF Act statutes.
The relocation plan as required, is included in the Project Plan.
A copy of the Project Plan for Bellmont Promenade is attached.
The action by the Planning Commission is to make comment to the Governing Body that the types of proposed uses appear to meet the intent of the Comprehensive Plan. The Land Use Guide of the Comprehensive Plan indicates office/commercial uses as appropriate for the site.
And just so you all understand we’re not approving a specific site plan. That will come later on as the developer receives some sort of financing for the project. So, you’ll see it at a later date. This is just their concept that they have.
The Planning Commission shall make a finding to be forwarded to the Governing Body determining if the “Project Plan” is consistent with the intent of the Comprehensive Plan. A motion in the affirmative should state that the Planning Commission finds that the anticipated uses, as presented, appear to generally meet the intent of the Comprehensive Plan, and authorize the Chairman to sign the attached resolution.
CHAIRMAN BUSBY: Thank you, Paul. Does the Commission have any questions for Paul, the staff? This isn’t public discussion I presume?
MR. CHAFFEE: This is not a public hearing. You’re correct.
CHAIRMAN BUSBY: Okay. Commissioner Braley. Commissioner Wise. Sorry.
COMMISSIONER WISE: Paul, quick question. I noticed on the diagram that it indicates 67th Street. But the text indicates 66th Street as being extended.
MR. CHAFFEE: Yeah. We’ll be working with the applicant on that one.
COMMISSIONER WISE: Okay. They didn’t -- okay. So, it is 66th Street in other words?
MR. CHAFFEE: More than likely it will be 66th Street. 67th Street is more towards the southern end.
COMMISSIONER WISE: Okay. Thank you.
CHAIRMAN BUSBY: Any other questions for staff? Then we would be looking -- I would be looking for a motion that recommends to the Governing Body the Project Plan is consistent with the Comprehensive Plan.
COMMISSIONER BOGINA: Mr. Chairman.
CHAIRMAN BUSBY: Commissioner Bogina.
COMMISSIONER BOGINA: I would motion that the Planning Commission finds that the Project Plan is consistent with the intent of the Comprehensive Plan and that its anticipated uses as presented generally appear to meet the intent of the Comprehensive Plan and request that the Chairman sign the Resolution as prepared.
CHAIRMAN BUSBY: There’s a motion. Is there a second?
COMMISSIONER WILLOUGHBY: I’ll second.
CHAIRMAN BUSBY: Commissioner Willoughby.
COMMISSIONER WILLOUGHBY: I’ll second it.
CHAIRMAN BUSBY: There’s a motion and a second to forward our Recommendation to the Governing Body. All in favor say aye.
CHAIRMAN BUSBY: Opposed nay. Motion carried. Thank you.
(Motion passes 9-0; Commissioner Bienhoff absent)
E. OTHER BUSINESS
CHAIRMAN BUSBY: Is there any -- does the Commission have any business for staff? Does staff have other business for the Commission?
MR. CHAFFEE: Just one other point. Now that we’ve found that the Project Plan, just in general terms, is consistent with the Comprehensive Plan, the Governing Body will be holding public hearings regarding any TIF financing that will be undertaken, and the degree to which dollar amount that that may undertake. And then you’ll probably see after the public hearings on them taking a look at the project and approving some sort of financing arrangement you’ll see the site plan follow later.
So, also a couple other things. For those of you going on the downtown tour to Overland Park, just a reminder it’s from 5:30 to 7:30. Meet at Matt Ross Community Center, which is two blocks west of Metcalf at about 80th Street. And if you didn’t get to RSVP and you’d like to go, if you’d just let me know we’ll just let them know there’s one or two folks.
The other thing, in the meantime, if there’s some questions that you want us to get to the folks at Overland Park before the meeting, you know, like how do they finance projects, or what are your building setbacks, or what did you to ensure that the projects was -- the projects were walkable or those kind of things, get them to me and we’ll get them over to Overland Park ahead of time to make sure that we address them. And there will be plenty of time when we’re on the tour to ask those types of questions. We’re going to be walking around and you’ll get to touch and feel some of those kinds of things.
UNIDENTIFIED SPEAKER: So, is this a rain or shine event?
MR. CHAFFEE: It’s a rain or shine event. And if it’s rain it may be pictures in the community center.
And then just another note for you. The Kansas Supreme Court found Mission’s driveway tax to be illegal.
UNIDENTIFIED SPEAKER: [Inaudible; talking off mic.]
MR. CHAFFEE: Yeah. Well, it’s important to us. You know, the Governing Body was looking at other ways to collect funds rather than using the excise tax. But the way the state statute, which was changed around 2000, was that if you had an existing excise tax and the fact you were grandfathered in and you could always have it and use it. But if you wanted to make any changes to it, it had to go to a vote, and changes to it as in increase the dollar amount or the way that you calculate the excise tax.
So, right now we’re under suspensions of the excise tax, which we can do. We haven’t done away with it. So, we’ll be visiting a little bit with the Governing Body to see what it is.
And, you know, the ruling was pretty broad. It says what is really a tax and what is a fee. And a fee is something that they determined is more that you voluntarily pay for it to receive the service. And a tax is a tax that you pay or you don’t get. So, it sort of closes the window a little bit on some of the opportunities that they may have to try and do something other than the excise tax.
But one of the things before the Governing Body discusses it anymore, we’ll visit with the Planning Commission and kind of go through the excise tax. And if you have any comments to kind of help them out along the way we’ll do that. So, we’ll probably do that at our second meeting in May. We have a PowerPoint presentation that we’ll sort of go through. And it’ll Ellis and myself a month to go back through everything we collected that we thought might work as an alternative that now probably isn’t going to work as an alternative. So, we may be not necessarily, I don’t want to say stuck with what we have. But what we have may be the only option that we’re going to be able to provide to keep in use in the future. So, that was all staff had this evening.
COMMISSIONER BOGINA: Mr. Chairman, could I ask one thing?
CHAIRMAN BUSBY: Commissioner Bogina, please.
COMMISSIONER BOGINA: On a different subject, Paul. I was on Shawnee Mission Parkway recently eastbound towards I-35. And I did not know that when I entered Merriam right at where A&W --
MR. CHAFFEE: Uh-huh.
COMMISSIONER BOGINA: There was a car that was turning left there. And I didn’t know that that was possible because the lane was stacked up all the way -- halfway to Goddard. Has Merriam ever talked about there’s enough island there for them to make a single stack lane? Has Merriam ever talked about --
MR. CHAFFEE: I’ll have to talk with our traffic guys to see if they’ve --
COMMISSIONER BOGINA: I was surprised.
MR. CHAFFEE: Yeah.
COMMISSIONER BOGINA: I don’t think I had ever seen that before. And with all the construction right now on I-35 --
MR. CHAFFEE: Right.
COMMISSIONER BOGINA: -- it was even worse than maybe it would have been ordinarily.
MR. CHAFFEE: Yeah. I can check with our traffic engineer to see if there has ever been --
COMMISSIONER BOGINA: Pardon me?
MR. CHAFFEE: I can check with our traffic engineer to see if there’s been any discussions back for -- I’m not aware of any.
COMMISSIONER BOGINA: It looks like that they made a -- they made it possible by widening, by having a --
MR. CHAFFEE: Uh-huh.
COMMISSIONER BOGINA: -- a large island there.
MR. CHAFFEE: Yeah.
COMMISSIONER BOGINA: Maybe it just doesn’t happen enough to where they really care. But it was quite a congestion --
MR. CHAFFEE: Yeah.
COMMISSIONER BOGINA: -- with the single car wanting to turn left. Thank you.
CHAIRMAN BUSBY: Thank you. Any other questions for staff?
CHAIRMAN BUSBY: Okay. I guess all that’s left is an adjournment motion then. Maybe Commissioner Willoughby.
COMMISSIONER WILLOUGHBY: I move for adjournment.
CHAIRMAN BUSBY: Is there a second?
COMMISSIONER BRALEY: Second.
CHAIRMAN BUSBY: Commissioner Braley. Thank you. All in favor say aye.
CHAIRMAN BUSBY: Opposed nay. We’re done. Thank you.
(Shawnee Planning Commissioner Meeting Adjourned at 7:47 p.m.)
MR. CHAFFEE: Do you want me to do the little presentation?
CHAIRMAN BUSBY: I’m sorry?
MR. CHAFFEE: You want me to do the Economic Development Presentation, right?
CHAIRMAN BUSBY: Oh, yes. This is notes from the Economic Development Summit. That sounds very, very important.
(End of Recording)