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CITY OF SHAWNEE
PLANNING COMMISSION MEETING
MINUTES
July 17, 2017
7:30 P.M.

PLANNING COMMISSIONERS PRESENT STAFF PRESENT
Commissioner Bruce Bienhoff Planning Director Chaffee
Commissioner Dennis Busby Planning Doug Allmon
Commissioner Rusty Mudgett Planning Mark Zielsdorf
Commissioner Kathy Peterson (late) Administrative Asst. Angie Lind
Commissioner John Smith
Commissioner Les Smith
Commissioner Steven Wise

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

A. ROLL CALL

CHAIRMAN BUSBY: Good evening and welcome to the June 19, 2017 meeting of the Shawnee Planning Commission. We’ll start with roll call.

(Off Record Whispering)

CHAIRMAN BUSBY: How about July 17th meeting. Sorry. Calendar was off a bit. Commissioner John Smith.

COMMISSIONER J. SMITH: Here.

CHAIRMAN BUSBY: Commissioner Peterson is not here. Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Here.

CHAIRMAN BUSBY: Commissioner Busby is here. Commissioner Wise.

CHAIRMAN BUSBY: Commissioner Wise.

COMMISSIONER WISE: Here.

COMMISSIONER BUSBY: Commissioner Les Smith.

COMMISSIONER L. SMITH: Here.

CHAIRMAN BUSBY: Commissioner Mudgett.
COMMISSIONER MUDGETT: Here.

CHAIRMAN BUSBY: Thank you.

B. PLEDGE OF ALLEGIANCE

CHAIRMAN BUSBY: If you’ll 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 JUNE 19, 2017. 2.
2. SUP-04-16-07; REVIEW OF SPECIAL USE PERMIT PREVIOUSLY ISSUED TO BRIDGET SANDERS FOR THE OPERATION OF SANDERS DAYCARE HOME, A CHILDCARE FACILITY FOR UP TO TEN (10) CHILDREN AS A HOME OCCUPATION, AT 22102 WEST 52ND STREET.
3. SP-18-17-07; SITE PLAN APPROVAL FOR A FAÇADE ALTERATION AT THE MILLCREEK SHOPPING CENTER FOR THE HUHOT MONGOLIAN GRILL, LOCATED AT 13342 W. 62ND TERRACE.
4. SP-19-17-07; REVISED SITE PLAN FOR CONSTRUCTION OF A 9,119 SQUARE FOOT CONSTRUCTION OFFICE/SHOP FOR NEIGHBOR'S CONSTRUCTION OFFICE, LOCATED AT 15520 MIDLAND DRIVE.
5. SP-20-17-07; SITE PLAN APPROVAL FOR A NEW 3,400 SQUARE FOOT MAINTENANCE BUILDING AT THE MID-AMERICA WEST SPORTS COMPLEX LOCATED AT 20200 JOHNSON DRIVE.
6. SP-21-17-07; SITE PLAN APPROVAL FOR A 1,300 SQUARE FOOT BUILDING ADDITION TO THE B & B THEATER LOCATED AT 16301 MIDLAND DRIVE.
7. SP-22-17-07; SITE PLAN APPROVAL FOR A FAÇADE ALTERATION AT THE MILLCREEK SHOPPING CENTER, LOCATED AT 13110 W 62ND TERRACE.

CHAIRMAN BUSBY: The Consent Agenda. 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. Is there a request to remove an item from the Consent Agenda? If not, is there a motion to approve the Consent Agenda?

COMMISSIONER L. SMITH: Mr. Chairman.

CHAIRMAN BUSBY: Commissioner Les Smith.

COMMISSIONER L. SMITH: I move we approve the Consent Agenda as submitted.

CHAIRMAN BUSBY: Thank you. A second? Commissioner Bienhoff.

COMMISSIONER BIENHOFF: 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. Thank you.

D. NEW BUSINESS

1. Z-03-17-07; REZONING FROM AG (AGRICULTURAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT 13115 W. 55TH STREET.

CHAIRMAN BUSBY: Under New Business, Z-03-17-07; Rezoning from AG (Agricultural) to R-1 (Single Family Residential) for Property Located at 13115 W. 55th Street in Shawnee. Mark.

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

REZONING FACTORS

1. The applicant requests approval of a rezoning from AG (Agricultural) to R-1 (Single Family Residential) for a property located at 13115 W. 55th Street. The property is an unplatted parcel that is 0.57 acres in size, and contains a single family home constructed in 1956. This property, along with three other adjacent properties, were all created along the south side of 55th Street and developed with single family homes in the late 1940s and mid-1950s. The subject property and home have remained in its current configuration since the area was developed. The property is considered legal nonconforming for bulk and setback regulations of the AG zoning district, as a result of the 1974 city-wide rezoning.

2. The subject property fronts 55th Street on the north. Properties to the north (across 55th Street), east, and south are zoned R-1 (Single Family Residential). Property to the west is zoned AG (Agricultural). Properties in all directions are developed with single family homes. Property immediately to the south is a platted open space tract for Pflumm Woods subdivision.

3. The Land Use Guide of the Comprehensive Plan indicates low density residential uses as appropriate for this area. The property contains one dwelling unit on 0.57 acres, which results in a density of 1.75 du/ac. This is within the low density range as defined by the Comprehensive Plan. The use of this property is also consistent with the existing single family homes in the area.

4. All bulk requirements will be satisfied with approval of the rezoning. This parcel has 80 feet of frontage along 55th Street and is approximately 310 feet deep, containing 24,827 square feet, thus meeting the minimum requirements for the R-1 zoning district, which is 9,000 square feet with 75 feet of frontage. The existing structure sets approximately 25 feet back from the front property line and approximately 10 feet from the closest side property line. The building setbacks for the R-1 zoning district are 30 feet for both the front and rear yards, and the total of the two side yards must equal 20 percent of the total lot width, with no side yard being less than 7 feet. When the home was constructed the front setback was approximately 40 feet back from the front property line. However, through City acquisition of additional right-of-way as part of street improvements to 55th Street, this front setback was reduced to approximately 25 feet. As a result of the action of the City in acquiring property, the property owner will not be required to maintain the 30 foot front yard setback. The required front setback will be established based on the average setback of the existing homes along the south side of this section of 55th Street.

5. Access to the property is from an existing drive off of 55th Street. Access to this lot is adequate for public safety purposes.

6. The rezoning of this property should not have a detrimental effect upon the surrounding area. The use of the property as a single family residential structure since 1956 will not change. The property is adjacent to other properties developed with single family homes of the same time period. Approval of the rezoning request will allow the property to be brought into conformance with the current zoning regulations and allow for the transfer it to a new owner.

7. Denial of the rezoning request would not appear to benefit the public. The rezoning will bring a legal non-conforming property (an existing use for over 60 years) into conformance with the City's zoning code.

RECOMMENDATION

As far as staff’s recommendation, approval of the rezoning request will allow the property to be brought into conformance with current zoning regulations, and a similar rezoning of a nonconforming lot was approved in 2001 for an adjacent property. Therefore, staff recommends approval of Z-03-17-07, rezoning from AG (Agricultural) to R-1 (Single Family Residential) for a property located at 13115 W. 55th Street, subject to the following condition, and that would be publication of the rezoning ordinance.

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

MS. MEGGISON: Yes.

CHAIRMAN BUSBY: If you would come forward and state your name and address, please.

MS. MEGGISON: My name is Ashley Meggison [inaudible].

CHAIRMAN BUSBY: With the microphone so we can record it and everybody can hear you.

MS. MEGGISON: Perfect. My name is Ashley Meggison. I am the owner of 13115 W. 55th Street and am here today to request the rezoning of the property from Agricultural to Residential in order to sell the property.

CHAIRMAN BUSBY: Thank you. Are you in agreement with staff recommendations?

MS. MEGGISON: I am completely in agreement.

CHAIRMAN BUSBY: Thank you.

MS. MEGGISON: Thank you.

CHAIRMAN BUSBY: Does the Commission have any questions for applicant or staff? If not, is there a motion? I’m sorry?

MS. LIND: It’s a public hearing.

CHAIRMAN BUSBY: Oh, it’s a public hearing. Does anybody from the public wish to comment on this matter? If not, is there a motion? Commissioner Wise.

COMMISSIONER WISE: I’ll make a motion to approve Z-03-17-07, rezoning from Agricultural to R-1 at 13115 W. 55th Street per staff’s recommendations.

CHAIRMAN BUSBY: Thank you. Is there a second on the matter? Commissioner --

COMMISSIONER MUDGETT: Second.

CHAIRMAN BUSBY: Thank you, Commissioner Mudgett. There’s a motion and a second to approve Z-03-17-07, rezoning AG to R-1 at 13115 W. 55th Street. All in favor say aye.

COMMISSIONERS: Aye.

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

MS. MEGGISON: Thank you.

[Therefore, the motion was made by Commissioner Wise and seconded by Commissioner Mudgett to approve, Z-03-17-07; Rezoning from AG (Agricultural) to R-1 (Single Family Residential) for Property Located at 13115 W. 55th Street. The motion carried 7-0.]
2. Z-04-17-07 AND PREPLAT-11-17-07; REZONING FROM AG (AGRICULTURAL) TO PSF (PLANNED SINGLE FAMILY) AND APPROVAL OF THE PRELIMINARY PLAT FOR HILLCREST FARM ADDITION SUBDIVISION, A SINGLE FAMILY RESIDENTIAL SUBDIVISION, LOCATED IN THE 4700 BLOCK OF LAKECREST DRIVE.

CHAIRMAN BUSBY: Next on the agenda, Z-04-17-07; Rezoning from AG (Agricultural) to PSF (Planned Single Family) and approval of the Preliminary Plat
Hillcrest Farm Addition subdivision, a single family residential subdivision located in the 4700 Block of Lakecrest Drive. Mark.

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

REZONING FACTORS

The subject property is an "L" shaped parcel containing 10.34 acres, located on the south side of 47th Street, east of Mund Road. The property is zoned AG (Agricultural). The applicant requests rezoning from AG (Agricultural) to PSF (Planned Single Family). The applicant also requests the approval of an accompanying preliminary plat containing 37 lots and three tracts.

Preliminary Plat Review

The preliminary plat contains 37 lots and three tracts on 10.34 acres.

(Drawings shown to the Commission). And just real quickly I’ll throw these up there so you can just kind of see what the basic front elevations are they’re proposing. Where did the rest of them go? Well, I had three more.

And before I provide staff’s recommendations, I would like to state that staff received notice late today of a potential adverse possession claim involving an adjacent property owner. I believe somebody in the audience may be speaking on this issue later tonight. However, it should be noted that this is a private property matter between the property owner and the applicant and it should not have no bearing on the existing or proposed zoning of the property. Depending on the outcome of such a claim, it may cause some minor revisions to a proposed preliminary plat. But again, that can be worked out by the applicant prior to the final plat being submitted for consideration.

RECOMMENDATION

As far as staff’s recommendation, staff recommends approval of Z-04-17-07, rezoning from AG (Agricultural) to PSF (Planned Single Family) subject to the following condition:

Staff would also recommend approval of PrePlat-11-17-07, Preliminary Plat of Hillcrest Farm Addition subdivision, located in the 4700 Block of Lakecrest Drive, subject to the following conditions:

The preliminary plat contains 37 lots and three tracts on 10.34 acres;

All utilities shall be placed underground;

And one more thing, I would like to remind the Commission that we need two separate actions tonight. First, we’ll need a motion and an action on the rezoning case subject to the condition that is listed. And then we’ll need a second motion and action on the preliminary plat.

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

MR. MABE: I am.

CHAIRMAN BUSBY: If you’d come forward and state your name and address, please.
(Off Record Whispering)
(Commissioner Peterson joined the meeting)

CHAIRMAN BUSBY: While they’re getting this record I want the minutes of this to show that Commissioner Peterson is here. We’re glad you’re here, too, Kathy.

COMMISSIONER PETERSON: I apologize for my tardiness.

CHAIRMAN BUSBY: You needn’t.
(Off Record Talking)

MR. MABE: Good evening, Commissioners. Thank you for having me. My name is Matt Mabe. Address is 8666 W. 96th Street, Overland Park, Kansas here with the Hillcrest Farm development. We started this process here quite some number of months --

CHAIRMAN BUSBY: One second.

MR. MABE: Yes, sir.

CHAIRMAN BUSBY: Are you in agreement with staff recommendations?

MR. MABE: Yes.

CHAIRMAN BUSBY: Thank you.

MR. MABE: We are.

CHAIRMAN BUSBY: Please go ahead.

MR. MABE: Absolutely. We started this development process a good number of months back by putting the property under contract with the original land developers of the Hillcrest Farms subdivision. It was my understanding that back when when they had developed Hillcrest Farms that sanitary was not currently available to the development, but with future development and expansion in the area to become available. And so we pursued forward on the development to acquire it and finish out that last and final phase of Hillcrest Farms. Location. Mark kind of ran through this, so this will be very quick. He gave you a lot of good information. We’re just off there 47th Street. That’s just kind of a zoomed out location there in the northern part of the Shawnee for the development. Again, the layout of the property there, the 10.3 acres and the 37 lots finishing out the development there of Hillcrest Farms.

As Mark mentioned we did meet with the homeowners association, with management company and board to discuss the development, kind of make them aware of what we were doing. Had nice conversations with them. And then we’ve continued to work with Schlagel Engineering and Design, who is our civil engineer on the project, and then working very closely with staff to work through all the requirements for this development. So, pleased to be here this evening before you.

(Photos shown to the Commission) Again, the layout of the development there, which you guys have already seen. And that’s just kind of an aerial shot there as you’re heading to the east. That’s an eastward view of the property there. Kind of looking back to the east heading down 47th Street there. So, it’s there on the right-hand side of the property. There’s kind of a street view. Riverview, if you’re familiar with it, is there on the north side of the road, sort of your left-hand side as you’re looking at that. And then that last phase of Hillcrest would be right there on the right-hand side. So, happy to answer any additional questions that you may have. I think Mark covered most of it. But any questions that you have, or if there is any, you know, public comments, happy to answer any questions there as well.

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

COMMISSIONER J. SMITH: Question for staff. We’re considering rezoning a preliminary plot of an area that’s developed. You’ve got a grade school across the street on 47th Street. You’re cutting Lakecrest, that’s coming to come onto 48th and 47th Street. Am I to assume that in your staff report on page 107 that Number 8 would cover, you know, the appropriate stop signs, stop lights, and so forth for traffic control? Because traffic will greatly increase on Lakecrest and on 48th, and perhaps on 47th too by that school. And there’s additional construction going on on the north side of 47th. And I just want to be sure that when we approve something like this that the appropriate traffic control devices are included in the staff report.

MR. ZIELSDORF: Yes. Mark Zielsdorf, City Planning staff. Yes. When those streets are constructed, as part of the construction plans that are submitted that’s all included, any kind of traffic control, signage, those kind of things are all included as part of the plan review.

COMMISSIONER J. SMITH: Thank you.

MR. ZIELSDORF: Just taking a guess I’m going to say there’s probably going to be a stop sign at Lakecrest going onto 47th Street just similar to what there is currently at Lakecrest and Johnson Drive. And then whatever other appropriate signage, crosswalk signs, you know, street crossing, or school zone crossings, those kind of things would be considered and looked at that at that time.

COMMISSIONER J. SMITH: Okay. Thank you, Mark.

CHAIRMAN BUSBY: Commissioner Peterson.

COMMISSIONER PETERSON: I’m not sure if this is for one or both of you. I do understand this is a preliminary plat, but this seems to be a fairly wooded area. It doesn’t appear that all of those trees have huge life spans. They’re probably between four and six years old some of them. Is there any plan to incorporate existing trees, or are they scrub trees? No offense. I like trees obviously, but --

MR. MABE: There is. There’s a handful scrub trees across the property. Those trees are not terribly mature in age as far as, you know, 40-50 years old, large oak trees, anything like that, but absolutely as far as keeping and preserving as many trees as we possibly can. It adds value to the subdivision, to the lot sales, to the community to try and keep those as much as possible. Also it will require a staked survey of each lot and the trees are there for approval and review and house positioning and location as well as part of the process. So, any builder who brings forth a plot plan will have to go through the development side through our team, go through a review so we can try and preserve as many trees as possible.

CHAIRMAN BUSBY: Any other questions from the Commission for applicant or staff? If not, this is a public hearing. Does anybody from the public wish to comment on this matter? Please. If you’d come -- if you’d come forward and state your name and address, please.

Public Comments:

MR. APPLEGARTH: Hi. My name is John Applegarth. I’m the property owner there next to the retention pond. And my main concern is I don’t have a problem with the zoning back to R-1, but I think we need to review a little bit more on this retention pond and how it’s not going to affect any of my property, or it’s going to do what it’s supposed to do. Plus there’s a lot of large oak and walnut trees in that area too that would be nice to save. And the property line is not very -- it’s kind of hard to read on the map, but, you know, I don’t know if that’s where the construction is going to start or if there’s a variance of, you know -- but that’s my main concern, you know.

MR. MABE: Sure.

MR. APPLEGARTH: But because it looks like there’s going to be some dumpage off of that retention pond that’s gotta go somewhere, so. And that’s all downhill right into my area right there, which is --
MR. MABE: Sure. I’ve got our civil engineer here.

CHAIRMAN BUSBY: Would you step up to them mic? If you want to answer his questions that would be fine.

MR. MABE: Sure. Sure. Absolutely. Yeah. Thank you. I do have our -- John here is our civil engineer with Schlagel, so I think that, you know, me not being a trained engineer, but leaning on their expertise and working with City staff’s engineering, I’ll have John come up and maybe speak and answer if that’s okay at this time.

CHAIRMAN BUSBY: That would be fine to answer his question.

MR. MABE: Okay. For kind of how that’s designed and intended to work.

MR. BECKER: Good evening. John Becker, 14920 W. 107th Street, Lenexa, Kansas. Yes. As Matt had said I’m the engineer on the project. There is a detention facility in the northeast corner that is going to provide peak rate control for all the stormwater flows. City staff has reviewed that report and is in agreement with it. There is an outlet adjacent to your property. It’s kind of in the -- right in the location where the drainage currently flows.

MR. APPLEGARTH: Where the creek is now?

MR. BECKER: Where the -- yeah, the lower area.

MR. APPLEGARTH: Because there is a creek that runs north and south and comes off from the west and it T’s right there.

MR. BECKER: Correct. It kind of T’s in.

MR. APPLEGARTH: Right there.

MR. MABE: Would it help to use the mouse maybe to kind of help show [inaudible; talking off mic.]

MR. BECKER: So, correct.

MR. APPLEGARTH: The drainage --

MR. BECKER: The existing drainage kind of comes through this area and then down to this --

CHAIRMAN BUSBY: Excuse me just a second. Paul, can you set this so we can see what they’re pointing at? Oh, I see the pointer now. I see it now.
MR. BECKER: So, correct. The existing drainage area comes down through this area.

MR. APPLEGARTH: Uh-huh.

MR. BECKER: And then works its way up to this large pipe that was installed under 47th Street.

MR. APPLEGARTH: Right. Under the street.

MR. BECKER: So, we placed our outlet for the pond that would discharge in that same location and there would be riprap and erosion control.

MR. APPLEGARTH: What about the drainage that comes down this way out of the creek because there’s a creek down through there, too.

MR. BECKER: We have -- it’s going to kind of be a drainage ditch going down from south to north down the property line. We have storm sewer all along that property line with inlets. I think there is one, two, three -- three storm sewer inlets that’s going to collect some of the water. And everything is just going to work its way down as it does today.

MR. APPLEGARTH: But my question is this elevation is lower than this elevation, so how is that water going to go uphill to get into that pond? It’ll go back downhill.

MR. BECKER: Say that again. I’m sorry.

MR. APPLEGARTH: This creek that runs there, okay, you’re going to put this drainage tile down in the creek bed or --

MR. BECKER: The drainage -- the storm sewer is --

MR. APPLEGARTH: I know what a storm sewer is, but I’m talking about the creek that runs down through there.

MR. BECKER: Everything runs from downhill from south to north.

MR. APPLEGARTH: Right. But it also down there cuts over under your property. It does a little S-curve then comes back around.

MR. BECKER: The grading is going to kind of fill up to the line, so it’s going to create a natural ditch I guess right at the property line, so everything would just work its way down of the grading plan. If we can go to that, Mark, it kind of shows --

MR. APPLEGARTH: It’s kind of clear as mud, you know, on this.
MR. BECKER: Yeah. It’s --

MR. APPLEGARTH: I mean it’s not a very good map to be --
(Off Record Talking)

MR. BECKER: This may be something that we can discuss off the record.

MR. APPLEGARTH: Well, that’s fine. You know what my issues are. You know, and I think we need to look into this and make sure. I mean my concern is there’s a fence that runs along through there too. So, are you going to grade up to that fence or are you going to have to take the fence out or --

MR. BECKER: We’re going to grade up to the property line essentially. So, I guess depending on where the fence is, I --

CHAIRMAN BUSBY: Does that answer your question, sir?

MR. APPLEGARTH: Somewhat. Not much, so yeah.

CHAIRMAN BUSBY: Well, I think --

MR. APPLEGARTH: I don’t think they’ve spent enough time down in here looking at --

CHAIRMAN BUSBY: I think the one thing I can say is the City staff has looked at it. And I would suggest if you have further questions either ask the developer or come in and ask City staff to make sure that you’re comfortable with what’s going on.

MR. APPLEGARTH: That’s fine.

CHAIRMAN BUSBY: Mark, am I correct that City staff has looked at each of these aspects he’s talking about?

MR. ZIELSDORF: That’s correct. Our City staff has reviewed the stormwater plans that their engineer has submitted and we’re comfortable with the plans as to the state that they are right now. Obviously we’re kind of in a preliminary study at this point. But they were comfortable at this point with where they’re at. I would recommend if you had some specific questions if you want to come into our office --

MR. APPLEGARTH: Sure. Sure.

MR. ZIELSDORF: -- we’ve got those plans. We can have you sit down with our stormwater engineer and kind of work through those and answer specific questions.

MR. APPLEGARTH: Are these plans any more detailed than what we’re saying here?

MR. ZIELSDORF: Well, there are some other -- yeah. There are some actual stormwater drainage plans that they have submitted in a packet that’s not relayed on this particular drawing here.

MR. APPLEGARTH: Right. That’s fine. We’ll do that.

MR. ZIELSDORF: Okay.

MR. APPLEGARTH: That works.

CHAIRMAN BUSBY: Thank you. Is there anybody else from the audience that wishes to comment on this matter?

MR. MIKA: Hi. My name is Tom Mika. I live at (Address Omitted). I own the farm to the east. Mine is the same -- I have the same questions as he does because that’s a dry creek that runs through there and at times it’s real high. And it’s a steep bank on my side and there’s heavy trees down in that area. And if they put that in there I’m just going to tell you there’s a lot of mud that just washes in. And I would be willing to talk to you guys if you needed to come over the line to do something to make it a lot better.

UNIDENTIFIED SPEAKER: Okay.

MR. MIKA: I don’t have a problem with that.

UNIDENTIFIED SPEAKER: Perfect. Thank you.

MR. MIKA: But something needs to be done beyond probably what -- because he’s limited to what you can do with what you have.

UNIDENTIFIED SPEAKER: Sure.

MR. MIKA: But I’d be willing to see what you’ve got going because something needs to be done if you go through there.

UNIDENTIFIED SPEAKER: Okay.

MR. MIKA: All right.

UNIDENTIFIED SPEAKER: Yeah. We’ve played phone tag so [inaudible; talking off mic].

MR. MIKA: Yeah. Yeah.
UNIDENTIFIED SPEAKER: Yeah. Good. I appreciate it, Tom.

MR. MIKA: Okay. But that’s my concerns that I see so far.

CHAIRMAN BUSBY: Thank you.

MR. MIKA: All right.

CHAIRMAN BUSBY: Does anyone else wish to be heard on this matter?

MR. MASON: My name is Brian Mason. I live at (Address Omitted), which is in Riverview. My concern is the -- it’s Mund Street that runs right next to Riverview Elementary. And the traffic control I’m a little concerned about. The cars line up there to pick up the kids from the school there. And so 37 units, a lot of kids going in there. So, I’m not sure exactly -- it probably should be taken -- take note to maybe pay a little bit more attention to that part. So, that’s all I have.

CHAIRMAN BUSBY: Thank you. Does anybody else from the audience wish to be heard on this matter? I’m glad to see a little conversation with neighbors and stuff with the developer. It can solve a lot of problems. I thank you all for doing that. Commissioner John Smith.

COMMISSIONER J. SMITH: Since I’m probably the new member on the Commission, I wonder if we -- if the Commission ever gets more specific as far as traffic control. Because I think the last speaker just spoke to my concern. I live out in that area and I just -- I suppose we could include something in the motion, but in the past once -- is this as good as it gets as far as what we recommend?

CHAIRMAN BUSBY: Mark, would you care to address that?

MR. ZIELSDORF: Well, I just want to point out, you know, that’s why we have professional staff. We have our engineers and our traffic engineers look at that and our codes to make sure that those -- whether there’s stop signs, yield signs, traffic signals that’s kind of stuff, I mean that’s part of their purview that when they look at those plans to make sure that it meets codes and is adequate for the area.

COMMISSIONER J. SMITH: And I’d just comment, you know, as president of the homeowners’ association, we’ve approached City before for street crossings and so forth and we’ve been denied. And so I think when you reapprove a plat or something of this type it is time to get things like that nailed down not to say, well, for the City to say we can’t do that because of safety or these other issues.

CHAIRMAN BUSBY: Thank you. Any further discussion? Commissioner Bienhoff.

COMMISSIONER BIENHOFF: Thanks, Mr. Chairman. You know, I would say it looks like a pretty good plan for the area. And I agree that it’s good to see the neighbors cooperating and wanting to work together and it will be a good project.

CHAIRMAN BUSBY: Thank you. Commissioner Mudgett.

COMMISSIONER MUDGETT: I’d like to make a motion, Mr. Chairman.

CHAIRMAN BUSBY: Please.

COMMISSIONER MUDGETT: That we approve Z-04-17-07, Rezoning of Agricultural to Planned Single Family for Pre-Plat 11-17 --

CHAIRMAN BUSBY: Commissioner Mudgett, as this is a rezoning we have to break it apart.

COMMISSIONER MUDGETT: That’s right.

CHAIRMAN BUSBY: So, we have to have two motions if you would, please.

COMMISSIONER MUDGETT: All right.

CHAIRMAN BUSBY: Thank you.

COMMISSIONER L. SMITH: I’ll second the first part of his motion.

CHAIRMAN BUSBY: Thank you. There’s a motion and a second on Z-04-17-07, Rezoning from Agricultural to Planned Single Family Development. All in favor say aye.

COMMISSIONERS: Aye.

CHAIRMAN BUSBY: Opposed nay. Motion carried.

[Therefore, the motion was made by Commissioner Mudgett and seconded by Commissioner L. Smith to approve Z-03-17-07; Rezoning from AG (Agricultural) to R-1 (Single Family Residential) for Property Located at 13115 W. 55th Street. The motion carried 7-0.]

CHAIRMAN BUSBY: The second half of the motion.

COMMISSIONER MUDGETT: Mr. Chairman.

CHAIRMAN BUSBY: Commissioner Mudgett, please.

COMMISSIONER MUDGETT: I’d like to make a motion to approve, is this preliminary plat? I’m sorry, Preplat-11-17-07, Preliminary Plat for Hillcrest Farm Addition, 4700 Block of Lakecrest Drive.

CHAIRMAN BUSBY: Is there a second?

COMMISSIONER L. SMITH: I’ll second that half too.

CHAIRMAN BUSBY: Commissioner Les Smith, thank you very much. There’s a motion and a second for approval of Z-04-17-07 Preliminary Plat, Hillcrest Farm Addition, 4700 Block of Lakecrest Drive. All in favor say aye.

COMMISSIONERS: Aye.

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

3. SUP-10-92-11; REVIEW OF SPECIAL USE PERMIT PREVIOUSLY ISSUED TO MILL CREEK WASTEWATER FOR A WASTEWATER TREATMENT PLANT IN THE PI (PLANNED INDUSTRIAL) ZONING DISTRICT, LOCATED AT 20001 WEST 47TH STREET.

CHAIRMAN BUSBY: Next on the agenda is SUP-10-92-11; Review of Special Use Permit Previously Issued to Johnson County Wastewater for a Wastewater Treatment Plant in the PI (Planned Industrial) Zoning District, Located at 20001 West 47th Street. Paul.

MR. CHAFFEE: Paul Chaffee, Planning Director. This is a scheduled review of a special use permit issued to Johnson County Wastewater District for the operation of the Mill Creek Regional Wastewater Treatment Plant, located at 20001 West 47th Street.

SPECIAL USE PERMIT REVIEW

The special use permit was originally issued in December of 1992 and last reviewed in June of 2013. The Wastewater Treatment Plant has been in operation since 1995. In January 2004, the Planning Commission approved SP-2-04-01, which permitted reconstruction of two of the existing basins and a change in the method of wastewater treatment. The new construction increased the capacity of the treatment facility from nine (9) million gallons per day to 18.75 million gallons per day at peak capacity. The two new lagoons support an activated sludge treatment process, while the remaining lagoons continue to treat waste through the lagoon system. This method of wastewater treatment has been very successful in reducing odors from the plant. A condition of approval of the new site plan for the Wastewater District (SP-2-04-01) required the Wastewater District to take part in odor remediation efforts when identified.

The City has received complaints regarding odor during the fall in years when the lagoons are cleaned. The wastewater district contracts with farmers in the area to take sludge from the wastewater treatment plant to farm fields. Occasionally, an odor will occur as the sludge is piped from the bottom of the basin into the trucks used for delivery. Additionally, the sludge produces an odor when initially applied to the fields, until it is plowed, which happens as quickly as the sludge is spread. The Odor from this process as well as the operations of the plant is not persistent and is generally limited to the time sludge is cleaned from the plant. The Wastewater District provides the City with the time frame when sludge deliveries will be made as well as the routes they will take in advance, so we can take measures to notify the public.

RECOMMENDATION

Staff recommends extension of SUP-10-92-11, a special use permit for the operation of the Mill Creek Regional Wastewater Treatment Plant by the Johnson County Wastewater District, located at 20001 West 47th Street, for a period of four (4) years, as specified in the original conditions of approval to assure that the remediation measures undertaken by the Wastewater District as outlined in the staff report remain successful, and subject to the previously approved conditions in 1992 and modified in 2006.

That concludes staff’s presentation.

CHAIRMAN BUSBY: Thank you, Paul. Does the [inaudible; talking off mic].

MR. KELLISON: Good evening, Commissioners. My name is Kenny Kellison. I live at (Address Omitted) and I am the Operation Maintenance Director for Johnson County Wastewater.

CHAIRMAN BUSBY: Are you in agreement with staff recommendations?

MR. KELLISON: Yes, sir.

CHAIRMAN BUSBY: Thank you. Does the Commission have any questions for applicant or staff? If not, is there a motion on the subject? I’m sorry. Commissioner Peterson, please. Excuse me.

COMMISSIONER PETERSON: [Inaudible; talking off mic]. I have two quick questions that I need -- I’m not [inaudible]. This could be up for review at any time prior to the four years should conditions change?

MR. CHAFFEE: Paul Chaffee, Planning Director. As with the case with any special use permit, if we need to call it up in advance we can.

COMMISSIONER PETERSON: Okay. I just [inaudible]. The second question was I think the sludge deliveries and the cooperation with local farmers and things like that is a great opportunity for us to [inaudible] a recycle. And I understand that it does have an odor to that. Is there any way we think, I know that you say notify the public, but is there any way you think that we could educate them rather than just [inaudible] we tell them it’s going to happen and so they are prepared for the smell instead of learning what we’re doing that benefits [inaudible].

MR. CHAFFEE: Right. As part of the notification when we put it on the website we do educate the public as to why the wastewater district contracts with farmers to dispose of the bio-solids and how good that is for the environment and that type of thing. So, there’s a little education piece that goes along with the notification that we produce.

And I will say the wastewater district is really good at getting us information enough ahead of time that we can prepare. And they even, in addition to showing us the fields that they’re going to be spreading the sludge, they even give us the routes that the trucks are going to take, so.

COMMISSIONER PETERSON: Thank you.

CHAIRMAN BUSBY: Thank you. Commissioner John Smith.

COMMISSIONER J. SMITH: I had a question for the applicant. The staff report here indicates that the -- you continue to increase the size of the facility and the volume. Is that facility -- what’s your projections down years? Is this facility going to be of sufficient size to handle the waste? You know, we just approved more people, more houses. So, what’s your projections?

MS. PEKAREK: Good evening, Commissioner. Can you hear me all right? My name is Susan Pekarek. I’m the General Manager for Wastewater. And when we expanded that treatment facility in 2006 to 18.75 mgd that is a plan expansion that should take us through the mid-2020s, if not farther out, for growth in Shawnee as well as the rest of the Mill Creek Watershed. There will be one more expansion, and there certainly will always be more work there to continue to improve treatment as our permit requirements are ratcheted down. But the ultimate growth that we were projecting in 2004-2005 when we did that study was 24 mgd, which serves a population of about 240,000 roughly. Does that answer your question?

COMMISSIONER J. SMITH: Yes. Thank you very much.

MS. PEKAREK: Okay. Sure.
CHAIRMAN BUSBY: Any other questions for staff or applicant? If not, is there a motion? Commissioner Wise.

COMMISSIONER WISE: I’ll make a motion to approve SUP-10-92-11; Special Use Permit Review, Mill Creek Wastewater Treatment Plant at 20001 West 47th Street per staff’s recommendations.

CHAIRMAN BUSBY: Thank you. Is there a second on the motion? Commissioner Mudgett.

COMMISSIONER MUDGETT: Second.

CHAIRMAN BUSBY: There’s a motion and a second to approve SUP-10-92-11, Special Use Permit for Johnson County Wastewater Treatment Plan at 20001 West 47th Street. All in favor say aye.

COMMISSIONERS: Aye.

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

MR. KELLISON: Thank you. We’d like to thank you for your time and consideration on this matter.

4. AMENDMENT TO THE LAND USE GUIDE MAP IN CHAPTER 5 OF THE COMPREHENSIVE PLAN ON THE WEST SIDE OF WOODSONIA DRIVE NEAR THE 5300 BLOCK, FROM MEDIUM DENSITY RESIDENTIAL TO PUBLIC / QUASI-PUBLIC FOR THE FUTURE CONSTRUCTION OF FIRE STATION #74.

CHAIRMAN BUSBY: Last on the agenda is a Public Hearing for Amendment to the Comprehensive Plan for the Land Use Guide on Fire Station #74.

MR. ALLMON: Good evening. Doug Allmon, Planning Staff. The Planning Commission at the June 19, 2017 meeting, voted to schedule a public hearing for July 17, 2017, to consider an amendment to the Land Use Guide regarding the potential location of Fire Station #74 on the west side of Woodsonia Drive at the intersection of 53rd Street.

The Shawnee Fire Department has requested the City consider a change to the Land Use Guide near the 5300 Block of Woodsonia Drive (on the west side of Woodsonia).

Chapter 5- Land Use Guide

Fire Station #74 is on the City's 5-year Capital Improvement Plan, and the Governing Body has budgeted for its construction. The intent is to improve emergency service response times by placing the new station somewhere in the northwest part of the City. The City is in the process of acquiring approximately 1.7 acres of vacant land on the west side of Woodsonia Drive at the intersection of W. 53rd Street. State Statute requires that public facilities be reviewed a part of the City's Comprehensive Plan.

The land is currently shown on the Land Use Guide as being appropriate for development of medium density residential housing. This is based on a preliminary development plan for attached townhome units that was approved several years ago, but has not been constructed.

Since the new Fire Station will be a public facility owned and maintained by the City, the Land Use Guide should be amended from the current designation of Medium Density Residential to Public/Quasi-public.

RECOMMENDATION

In terms of a recommendation, after conclusion of the public hearing, staff recommends the Planning Commission approve an amendment to the Land Use Guide Map in Chapter 5 of the Comprehensive Plan on the west side of Woodsonia Drive near the 5300 Block, from Medium Density Residential to Public/Quasi-public for the future construction of Fire Station #74.

That completes our report.

CHAIRMAN BUSBY: Thank you, Doug. Does anybody have any questions for staff? Commissioner Peterson. I had my reading glasses on. I’m sorry.

COMMISSIONER PETERSON: Better late than never. Is this site going to fulfill all of the requirements that we were looking for out in that area of Shawnee for quicker response times? Are the roads prepared to handle that type of traffic, or are there things that have to go along with that? Those are the two questions that I have. I mean those aren’t little cars.

MR. ALLMON: Doug Allmon, Planning staff. There will be a site planning process for road improvement and those sort of things. But I think the general concept plan has an extension of the roadway, Roberts up to Woodsonia to provide access to the site. The City did a pretty extensive site analysis, went over several properties in the city and this was one of them that rose to the top actually in terms of response time and needs of the fire department. So, they’ve looked at it. There will be some site improvements required as there is with any site type development, but they’re comfortable with the site if they end up getting it.

CHAIRMAN BUSBY: Commissioner Wise.

COMMISSIONER WISE: Yeah. I attended the public hearing with the fire chief and talked with them about the plans and they had definitely worked it out and it looks like a good approach with the roads, the traffic. And I think even where it’s placed there’s still room for development around it without it really impeding too much there. So, it had looked like they had really thought through that and the response times were definitely improved based on their calculations.

CHAIRMAN BUSBY: Any other questions for staff, or any further discussion? If not, is there a motion?

MS. LIND: It’s a public hearing item.

CHAIRMAN BUSBY: Is there anyone from the public that wishes to comment on this matter?

UNIDENTIFIED SPEAKER: No thanks.

CHAIRMAN BUSBY: Thank you. Commissioner John Smith.

COMMISSIONER J. SMITH: Mr. Chairman, I move that the Planning Commission approve an amendment to the Land Use Guide Map in Chapter 5 of the Comprehensive Plan on the west side of Woodsonia Drive near the 5300 block, from medium density residential to public/quasi-public for the future construction of Fire Station #74.

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

COMMISSIONER WISE: Second.

CHAIRMAN BUSBY: There’s a motion and a second to -- for the Amendment to the Comprehensive Plan for the 5300 block of Woodsonia Drive from Medium Density Residential to Public/Quasi-public for the Future Construction of Fire Station #74. All in favor say aye.

COMMISSIONERS: Aye.

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

[Therefore, the motion was made by Commissioner J. Smith and seconded by Commissioner Wise to approve the Amendment to the Comprehensive Plan for the 5300 block of Woodsonia Drive from Medium Density Residential to Public/Quasi-public for the Future Construction of Fire Station #74. The motion carried 7-0.]

E. OTHER BUSINESS

CHAIRMAN BUSBY: Does the staff have anything else for the Commission?

MR. CHAFFEE: Paul Chaffee, Planning Director. Just a reminder that July has five Mondays, so our next meeting is in three weeks. Also this Thursday from 5:30 to 6:30 there’s an open house on the Nieman Road project, some proposed streetscape elements will be presented as well as a strip map that kind of shows how the improvements to Nieman may lay out as well as how the four stormwater projects sort of have an interplay with that. So, if you have an opportunity I’d encourage you to attend.

CHAIRMAN BUSBY: Is that here?

MR. CHAFFEE: I’m sorry. Here in the Council chambers.

CHAIRMAN BUSBY: The Council chambers. Thank you.

MR. CHAFFEE: And it will be over by 7:30 since there is a Board of Zoning Appeals meeting that night, so.
(Off Record Talking)

MR. CHAFFEE: Thursday the 20th.

CHAIRMAN BUSBY: Thank you, Paul. Does the Commission have anything for the staff?

F. ADJOURNMENT

COMMISSIONER L. SMITH: Mr. Chairman, I move we adjourn.

CHAIRMAN BUSBY: Oh, thank God. Thank you, Commissioner Les Smith. There’s a motion to adjourn. Is there a second?

COMMISSIONER MUDGETT: Second.

CHAIRMAN BUSBY: Commissioner Mudgett, thank you for the second. All in favor say aye.

COMMISSIONERS: Aye.
CHAIRMAN BUSBY: Oppose nay. We’re done. Thank you.

[Therefore, the motion was made by Commissioner L. Smith and seconded by Commissioner Mudgett to adjourn. The motion carried 7-0.]
(Shawnee Planning Commission Meeting Adjourned at 8:34 p.m.)