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8-16-MIN.DOC - Shawnee Planning

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									                        Shawnee Planning Commission
                                         August 16, 1999
                                              MINUTES
      The Shawnee Planning Commission meeting was called to order by Bob Mazza,
      Chairman, at 7:30 p.m. Present at the meeting were: Commissioners Bedora, Gentry,
      Jenkins, Land, Mazza, O'Connor, Pflumm and Sawyer. Absent were: Commissioners
      Boettcher and Duckworth. Also present was Paul Chaffee, Director of Planning.

      The Pledge of Allegiance was recited.

Item No. 1

      Consider August 2, 1999, Planning Commission Minutes.

      PLANNING COMMISSION ACTION

      Commissioner Bedora, seconded by Commissioner Sawyer, moved that the August 2,
      1999, Planning Commission Minutes be approved as written. Motion was carried 6-0-1,
      with Commissioner Duckworth abstaining.

CONSENT ITEMS (# 2, 3, 4, 5 )


             Items listed under the Consent Items have been distributed to each member of the
             Planning Commission for review and study. The items conform to City requirements
             and staff has discussed conditions of approval with the applicant who is in agreement.
             These items are considered to be routine and will be enacted by one motion of the
             Commission with no separate discussion. If separate discussion is requested on an item,
             from either the Planning Commission or from the public, that item may be removed
             from the Consent Items and discussed immediately following the Consent Items.



      Chairman Mazza explained the "Consent Item" format as described above, then asked if
      there was a request for additional discussion on a consent item. There was no request
      from the public or the Commission, so the Chairman asked for a motion.

      Commissioner Pflumm stated that on the vote for the consent items, he would be
      abstaining on item No. 3 only.

      PLANNING COMMISSION ACTION

      Noting there were no other comments and no deletions, Commissioner Jenkins, seconded
      by Commissioner Bedora, moved that Consent Items 2, 3, 4 and 5 be approved subject to
      staff recommendations. Motion to approve Consent Items 2, 4 and 5 was carried 8-0 and
      Consent Item No. 3 was approved 7-0-1, with Commissioner Pflumm abstaining.
Shawnee Planning Commission                  -2-                                August 16, 1999

Item No. 2

        PrePlat-48-99-8; FP-49-99-8; SP-42-99-8: tabled at the August 2nd meeting: consider
        preliminary and final plats and site plan for SACRED HEART OF JESUS Catholic
        Church and School, to be located at the southeast corner of Johnson Drive and Monticello
        Road. Request submitted by Shafer, Kline & Warren for the Archdiocese of Kansas City
        in Kansas, owner.

        EXPLANATION OF ITEM

        This was a consent item.

        The applicant requests preliminary plat approval for a two-lot subdivision, final plat
        approval for a one-lot subdivision and site plan approval for construction of a new 39,860
        square foot church and school located at the southeast corner of Johnson Drive and
        Monticello Road. The application is filed by Patty Bilyck of Hollis Miller for the
        Archdiocese of Kansas City in Kansas.

        RECOMMENDATION

        Staff recommends approval of PrePlat-48-99-8, FP-49-99-8, and SP-42-99-8, preliminary
        and final plat and site plan for Sacred Heart of Jesus Catholic Church and School, located
        at the southeast corner of Johnson Drive and Monticello Road, subject to the following
        conditions:

        1.      Recording of the final plat prior to issuance of any building permits;

        2.      The applicant shall work with Engineering staff to resolve all outstanding
                stormwater drainage problems;

        3.      The applicant shall submit individual preliminary stormwater drainage and
                detention plan-profile sheets to Engineering staff for review and approval prior to
                making the recording copies of the final plat;

        4.      The drainage problems on Lot 2 shall be corrected with the first project phase;

        5.      Individual final sets of stormwater drainage and detention plans shall be submitted
                to the City Engineer for approval prior to construction. All public improvements
                shall be constructed to City standards as specified in the Shawnee Manual of
                Technical Specifications and Design Criteria. Prior to obtaining a building
                permit or commencing any construction, the applicant shall obtain a Public
                Improvement Permit (Form C);

        6.      Open space fees of $ 19,290.98 shall be paid prior to issuance of a building
                permit;

        7.      Two (2) computation plats shall be submitted to the Engineering Division;
Shawnee Planning Commission                   -3-                                August 16, 1999



        8.      Prior to issuance of a building permit, the applicant shall submit two copies of
                revised site plans to the Planning Department, showing the trash dumpster
                location and elevations of the screening walls;

        9.      Building materials used for the project shall conform with the specifications of the
                approved site plan and staff report;

        10.     All additional phases of this project shall receive site plan approval from the
                Planning Commission prior to the issuance of any building permit;

        11.     A revised traffic examining trip generation and distribution at the three drives
                shall be submitted to the Planning Department prior to the submittal of the site
                development plans;

        12.     Proposed driveway entrances shall be designed and constructed in accordance
                with Standard Detail 21-10 and 21-11 of the Shawnee Manual of Technical
                Specifications and Design Criteria. The applicant shall obtain a Public
                Improvement Permit (Form C) prior to the issuance of any building permit or
                commencing any construction;

        13.     The parking lot shall be designed and built in accordance with the Shawnee
                Manual of Technical Specifications and Design Criteria, and shall be constructed
                prior to issuance of an occupancy permit;

        14.     A revised site plan showing all emergency vehicle accessways and approved by
                the Shawnee Fire Department shall be submitted to the Planning Department,
                prior to the release of a building permit;

        15.     The applicant shall apply for an Environmental Protection Agency National
                Pollutant Discharge Elimination System permit (Construction Activity Form 1)
                from the Kansas Department of Health. A copy of the application shall be filed
                with the Engineering Division prior to issuance of a grading permit. Upon
                approval of the permit, a copy shall be filed with the Engineering Division;

        16.     Rough grading and siltation control plans meeting the requirements of the
                Engineering Division, as outlined in the staff report, shall be included with the site
                development civil plans submitted for a building permit;

        17.     All utilities shall be placed underground. Utility junction boxes shall be located
                in side or rear yard areas;

        18.     Approval of all watermain and fire hydrant locations by the Fire Chief and
                installation prior to issuance of any building permits; and

        19.     The site plan is subject to City Council review until 5:00 p.m. Thursday, August
                19, 1999.
Shawnee Planning Commission                  -4-                                August 16, 1999



        PRELIMINARY AND FINAL PLAT REVIEW

        1.      The applicant seeks preliminary plat approval for a two-lot subdivision. Lot 1
                will be developed as a Roman Catholic church and school complex for Sacred
                Heart of Jesus Parish. The use of the second lot is unknown at this time, but the
                applicant is required to preliminary plat this area since the forty (40) acres is all
                under common ownership. The applicant also requests final plat approval for Lot
                1.

        2.      The forty (40) acre site is zoned AG (Agricultural). The surrounding zoning is
                PSF (Planned Single Family) to the north, east, and south of the site. To the west
                and northwest, the land is zoned R-1 (Single Family Residential).

        3.      The site is currently undeveloped and used for agricultural purposes. The
                properties to the north, east, south, and northwest are developed with single-
                family homes in the Deerfield Trace, Lakepointe, and Crystal Park subdivisions.
                The land to the west is currently undeveloped but a preliminary plat for Clear
                Creek, a single-family residential subdivision, was approved by the Planning
                Commission in 1996 for the J.C. Nicholas Company. Within the last six months,
                a division of Rodrock Development has purchased the Clear Creek site.

        4.      The Land Use Guide of the Comprehensive Plan anticipates a public/quasi-public
                land use on the subject tract, and a church and school are classified in that
                category. Thus, the request is in compliance with the plan. The use of the site as
                a church and school is an allowed use in the AG zoning district.

        5.      The applicant is platting two lots: Lot 1 will be 16.616 acres in size and be
                developed with a Roman Catholic church and school; Lot 2 is 23.787 acres in
                size. Both lots have at least 600 feet of frontage, exceeding the minimum
                requirements of two hundred (200’) feet in the AG zoning district. A fifty (50’)
                foot building setback line is shown along Lot 1 on both the preliminary and final
                plat. Access to the lots will be from Johnson Drive, designated as a minor arterial
                in the Circulation Element of the Comprehensive Plan, and Monticello Road,
                designated as a major collector in the plan. Both of these streets have been
                improved to collector status.

                The applicant is proposing an access control along both Johnson Drive and
                Monticello Road on Lot 1. Spaces were left to accommodate two driveway
                entrances from each road. The access limits will prevent future curb cuts onto
                these two major streets. In addition, the applicant has worked with Engineering
                staff to determine if any additional right-of-way is needed along both streets. The
                applicant is dedicating an additional ten (10’) feet of right-of-way along the entire
                length of Johnson Drive, increasing the south half of the right-of-way to fifty (50’)
                feet and ten (10’) additional feet of right-of-way along a portion of Monticello
                Road, increasing that portion to fifty (50’) feet as measured from the centerline to
                the back-of-curb.
Shawnee Planning Commission                  -5-                              August 16, 1999



        6.      The subdivision is subject to the provisions of SMC 12.26 Excise Tax.
                Calculating the tax by taking the taxable area of Lot 1 (643,044 square feet) times
                13 cents per square foot, results in an amount of $83,594.25. The applicant will
                receive a credit for being in the Johnson Drive Street Improvement District of
                $39,329.72 and for being in the Monticello Road Street Improvement District of
                $47,441.19. The amount of the credit from the two improvement districts is
                greater than the amount owed under the excise tax. Hence, the provisions of SMC
                12.26 have been satisfied and no excise tax is owed for Lot 1. The excise tax for
                Lot 2 will be calculated when a use for the land has been determined and a final
                plat for the property is submitted to the Planning Department.

        7.      The stormwater drainage system required for this development shall be designed
                in accordance with the standards in the Shawnee Manual of Technical
                Specifications and Design Criteria, except as specifically waived by action of the
                City Council as set forth in SMC Section 16.28.010. The conceptual stormwater
                drainage system proposed is generally acceptable; however, Engineering staff will
                work with the applicant to resolve some design issues such as:

                    Realigning portions of the private storm sewer system to reduce the length of
                     pipe required for the project should be possible.

                    The applicant has shown a storm sewer downstream of the detention basin as
                     requested by Engineering staff. However, the length of pipe required to
                     connect with the public system was unexpected. Therefore, Engineering staff
                     will explore other options with the applicant.

                A stormwater drainage plan must be included as part of the site development
                plans submitted for a building permit. The plan must include plan-profile sheets
                for all public storm sewers and are recommended for private storm sewers.

        8.      The subdivision is subject to the provisions of SMC Chapter 12.24, which
                pertains to the construction and maintenance of on-site stormwater detention
                facilities. An on-site stormwater detention facility is required because the
                proposed non-residential development is larger than five (5) acres. A stormwater
                detention facility will be located on the southwestern portion of the site. The
                applicant has submitted preliminary stormwater detention plans to the Engineering
                Division in conjunction with the plat. The basin shall be designed as an off-line
                facility. A stormwater detention plan shall be included as part of the stormwater
                drainage plans for this development. The detention facility shall be designed
                according to the provisions of SMC Chapter 12.24 and the standards in the
                Shawnee Manual of Technical Specifications and Design Criteria.

                Engineering staff is aware of some drainage problems on Lot 2 of the preliminary
                plat that are affecting adjoining properties. The applicant will be required to
                correct these problems with the first project phase.
Shawnee Planning Commission                   -6-                                 August 16, 1999

        9.      The applicant is responsible for submitting individual final sets of stormwater
                drainage and detention plans to Engineering Staff for approval prior to
                commencing construction of any public improvements. All public improvements
                shall be built in accordance with the requirements set forth in the Shawnee
                Manual of Technical Specifications and Design Criteria. The applicant shall
                obtain a Public Improvements Permit (Form C) prior to commencing any
                construction of any public improvements.

        10.     Open space fees of $19,290.98, based on 3.0 cents per square foot of lot area,
                shall be paid prior to recording the final plat, or with issuance of a building
                permit, as provided by SMC 12.14. The park fee for Lot 2 shall be $38,084.85
                and shall be paid prior to the recording copies of the final plat, or with the
                issuance of a building permit.

        11.     All water main and fire hydrant locations shall be approved by the Fire Chief and
                installed prior to issuance of any building permits.

        12.     The applicant is responsible for submitting a computation plat with the recording
                copies of the final plat. The computation plat should show the coordinates of all
                points, the bearings and lengths of all lines, and the individual areas, in square
                feet, of all lots, open space tracts, and rights-of-way, and the centerline miles of all
                newly dedicated streets.

        SITE PLAN REVIEW

        1.      The applicant is proposing the first phase of development of a Catholic Church
                and School complex for Lot 1, Sacred Heart of Jesus. This first phase will consist
                of approximately 2/3 of the school building. As part of later phases, a separate
                church facility and additions to the south elevation of the school will be built.

        2.      All bulk requirements have been satisfied. The building would be set back a
                minimum of 270 feet from both the Johnson Drive and Monticello Road,
                exceeding the fifty (50’) foot setback requirement in the AG district. Side and
                rear building setbacks also meet code requirements. Parking areas are set back
                approximately twenty (20’) feet from the Johnson Drive right-of-way, fifty (50’)
                feet from the east (side) line, and over 340 feet from the west (side) and south
                (rear) lot lines. The adjoining property on the east is part of the overall forty (40)
                acre tract held under the ownership of the Archdiocese of Kansas City in Kansas.

        3.      Because the church is situated on an arterial and a major collector, parking on the
                street will be prohibited. 191 parking stalls, including six (6) handicapped-
                accessible spaces, are being provided on the site, slightly exceeding the
                requirements for a 486 seat church (1 space per 3 seats or 162 parking spots).
                Because the peak time for parking would occur during church services, the
                proposed 191 parking spaces should be adequate to meet the facility’s parking
                needs. Space is provided for an additional 87 parking spots in this lot and a
                second parking area off of Monticello Road that would have 135 additional
Shawnee Planning Commission                  -7-                                August 16, 1999

                parking spaces. One drop-off point is shown on the central portion of the east side
                of the building.

                The entry for the western parking area will be constructed in this phase as an
                uncurbed asphalt area, to provide emergency vehicle access on the west end of the
                proposed school. Emergency vehicle access on the site does not meet City
                standards. The applicant shall work with the Fire Department to ensure access to
                all parts of the school within this first phase. A revised site plan, approved by the
                Fire Department, shall be submitted to the Planning Department prior to the
                release of any building permits.

        4.      The applicant has submitted a traffic study for the site, which examines trip
                generation and distribution for a church and school during the A.M. and P.M.
                peak hour (8-9 in the morning and 5-6 in the evening) for Johnson Drive and
                Monticello Road. The study adequately reports the existing and proposed peak-
                hour traffic conditions on those streets. However, churches and schools typically
                experience very short, but high peak, traffic periods that occur at off-peak periods
                for the traffic on adjacent streets. The applicant is responsible for submitting a
                revised traffic study, which examines trip generation and distribution at the three
                proposed drives and which addresses the number of lanes and vehicle stacking
                required at each drive, and whether a left-turn lane is required on Monticello Road
                at the drive. The revised traffic study shall be submitted to the Engineering
                Division prior to the preparation of the site development plans. The applicant
                shall be required to make any improvements specified in the traffic study. No
                temporary or permanent improvements, not specified in the traffic study, will be
                required for either Johnson Drive or Monticello Road.

        5.      The proposed commercial driveway approaches shall be designed and constructed
                in accordance with Standard Details 21-10, Shawnee Manual of Technical
                Specifications and Design Criteria. The applicant shall obtain a Public
                Improvement Permit (Form C) prior to the issuance of any building permit or
                commencing any construction. A standard detail of each type of driveway
                approach must be shown on the site development plans submitted for a building
                permit. Standard details of each type of curb section, sidewalk, and sidewalk
                ramp to be used must also be shown.

                Submitted plans indicate the use of heavy-duty pavement (a surface of 2 inches of
                asphaltic concrete and a base of 6 inches of asphaltic concrete) in the principal
                circulation areas and drive aisles within the parking lot. The parking lot shall be
                designed and built in accordance with the Shawnee Manual of Technical
                Specifications and Design Criteria, and shall be constructed prior to issuance of
                an occupancy permit.

        6.      The applicant has designed an attractive building with numerous architectural
                features. The building is designed to sit on the site at a northwest to southeast
                orientation. The elevation labeled “west” is directed toward the Johnson Drive
Shawnee Planning Commission                   -8-                                August 16, 1999

                and Monticello Road intersection. The elevation labeled “south” is directed along
                Monticello Road.

                The site plan indicates future additions to the school (to include additional
                classrooms, a commercial kitchen, and a gym) as well as construction of a
                separate building for the church. Prior to construction of any addition or new
                building, site plan approval must be obtained from the Planning Commission.
                The area used as the church on weekends will be used as a multi-purpose space
                for the school during the week. The school will initially contain one classroom
                for each grade between first through eighth grades.

                The west elevation serves as the front of the building. The focal point is two
                turrets flanking a center window, and a third turret set back at roof level. The
                design is traditional for a church and combines elements of collegiate and
                mission-style architecture. The materials consist of brick and cast stone. The
                predominant material is a face brick, Mahogany in color. Brick banding
                “Coronado Grey” (cream in color) provides highlights on the lower portion of the
                elevation. The banding wraps around to the east and west elevations. A rough
                cast stone, white in color, provides trim around the doors and windows.
                Aluminum doors, bronze in color, flank the center window and bronze trim is
                used on the windows. The front windows are highlighted with a cross, as are
                numerous other windows on the building, including a row of windows in a
                clearstory, just below the roofline. The roofs of the turrets are metal shingles
                medium bronze in color. The trim cap of the building is also medium bronze
                metal. The central turret feature represents a cross and is formed in EIFS, pearl
                white, spectrum brown, and light green in color.

                The remaining elevations feature the face brick along the foundation, as well as
                around the entryways. The remainder of the building is constructed of EIFS with
                vertical and horizontal rustications, white in color. Numerous quoins, “Aspen
                Green” in color, appear on two elevations and are provided to give visual interest
                to the building. Metal doors will be painted to match the surrounding brick. The
                exposed concrete foundation will be painted brown to match the adjacent brick.

        7.      A mixture of 21 Red Sunset Maples, Thornless Cockspur Hawthorns, and Sargent
                Crabapples, are shown along Johnson Drive and 18 trees along Monticello Road,
                exceeding the City’s requirements of one tree per fifty (50’) feet of street frontage.
                The applicant is proposing to use Greenspire Littleleaf Lindens and Norway
                Spruces as screening along the southern lot line and Eastern White Pines adjacent
                to the entry aisle along the east lot line.

                Open space trees shown on the landscape plan include a combination of Red
                Sunset Maples, Heritage River Birch, Summit Green Ash, Redbuds, and Sargent
                and Prairiefire Crabapples in quantities that meet ordinance requirements of
                having16 trees per acre of open area. Greenspires will also be used in the parking
                lot islands. Various ground covers and foundation plantings will be placed on the
                western side of the multi-purpose facility.
Shawnee Planning Commission                        -9-                                      August 16, 1999



                 Submitted plans indicate that disturbed areas in primary front, side and rear yard
                 areas will be sodded, and the remainder of the area seeded. Should the applicant
                 wish to seed portions of some non-primary yard areas, revised landscape plans
                 specifying measures that will be taken for erosion control, such as staked erosion
                 control blankets, sediment screens, etc., shall be submitted for Planning
                 Department review and approval.

        8.       Mechanical units will be enclosed at the roofline at locations where the louvered
                 windows are indicated on the plans.

                 The location of the trash dumpster is not shown on the site plan. The applicant
                 has stated that the dumpster will be located southwest of the school at the end of
                 the driveway off of Monticello Road. The dumpster shall be screened by a six
                 (6’) foot tall trash enclosure made of similar materials as the building, as required
                 by the City’s Commercial Buildings Policy. The applicant shall submit a revised
                 site plan showing the location of the dumpster and elevations show the color and
                 material of the trash enclosure.

        9.       All utilities are required to be placed underground, as shown on submitted plans.

        10.      More than five (5) acres of the overall site will be disturbed; therefore, an
                 Environmental Protection Agency National Pollutant Discharge Elimination
                 System Permit (Construction Activity Form 1) from the Kansas Department of
                 Health and Environment (KDHE) is required. A copy of the application shall be
                 filed with the Engineering Division, prior to issuance of a grading permit. The
                 permit shall be filed with the Engineering Division upon its approval by KDHE.

        11.      Erosion control measures shall be undertaken during construction. An erosion
                 control plan, to be approved by the City Engineer prior to the issuance of a
                 grading or building permit, shall be submitted. The rough grading and siltation
                 control plans shall show: existing and proposed contours at 2-foot intervals,
                 typical cross-sections of all proposed drainage channels and swales, and the
                 erosion control measures. Following construction, all disturbed areas must be
                 covered with seed or sod. The applicant is responsible for maintaining the erosion
                 control measures until all construction has been completed, at which time such
                 measures will be removed.

        12.      All fire hydrant locations shall be approved by the Fire Chief and installed prior to
                 issuance of a building permit.

        PLANNING COMMISSION ACTION

        Item No. 2, PrePlat-48-99-8, FP-49-99-8, and SP-42-99-8, preliminary and final plats and site plan for SACRED
        HEART OF JESUS Catholic Church and School, was approved as a Consent Agenda item, on page one.

        REPEAT OF CONSENT AGENDA MOTION:
Shawnee Planning Commission                     -10-                                  August 16, 1999

        Noting there were no other comments and no deletions, Commissioner Jenkins, seconded by Commissioner
        Bedora, moved that Consent Items 2, 3, 4 and 5 be approved subject to staff recommendations. Motion to
        approve Consent Items 2, 4 and 5 was carried 8-0 and Consent Item No. 3 was approved 7-0-1, with
        Commissioner Pflumm abstaining.



Item No. 3

        SP-44-99-8: consider request for site plan approval to place an ATM machine at
        22300 W. 66th Street, at the Monticello 66 Gas Station. Request submitted by
        COMMERCE BANK for RPJ Petroleum.

        EXPLANATION OF ITEM

        This was a consent item.

        The applicant requests site plan approval to construct an automatic teller machine (ATM)
        on the east side of Monticello 66 convenience store. The application is filed by Bill
        Daniels of Commerce Bank for RPJ Petroleum.

        RECOMMENDATION

        Staff recommends approval of SP-44-99-8, site plan for an ATM at Monticello 66, at
        22300 W. 66th Street, subject to the following conditions:

        1.      The ATM and canopy shall be constructed in accordance with the approved site
                plan;

        2.      Striping for directional traffic flow will be made by the applicant as indicated on
                the site plan;

        3.      Signage on the ATM canopy shall be limited to “Commerce Bank ATM” and
                shall meet the size requirement for the east elevation of the convenience store;

        4.      The applicant shall work with Planning staff to determine a suitable location for
                the menu board; and

        5.      The site plan is subject to City Council review until 5:00 p.m. Thursday, August
                19, 1999.

        SITE PLAN REVIEW

        1.      The applicant is seeking to construct an ATM facility on the east side of the
                existing Monticello 66 Station. The existing 1.02 acre tract is located on Lot 9 of
                Monticello Center and is zoned CH (Commercial Highway) and is developed with
                a convenience store, gas pumps and car wash.
Shawnee Planning Commission                 -11-                              August 16, 1999

        2.      The surrounding area is developed to the north with Woodland Park, a single
                family residential subdivision, zoned PSF (Planned Single Family). To the east of
                the site is Monticello Road; beyond Monticello Road is undeveloped land that
                was part of the preliminary development plan for Monticello Farms, a multi-
                family residential subdivision zoned PMR (Planned Mixed Residential), and
                Westside Baptist Church which is zoned AG (Agricultural). The land
                immediately to the south and to the west is undeveloped land zoned CH. Further
                to the south is a Gold Bank and the Monticello Post Office.

        3.      The proposed use is in conformance with the Land Use Guide of the
                Comprehensive Plan, which anticipates development of commercial uses in the
                area.

        4.      The applicant is proposing an ATM with a covered canopy. The canopy would be
                Commerce’s standard canopy that can be found throughout the Kansas City area.
                The canopy would be eleven (11’) feet above grade and be three (3’) feet in width.
                The canopy would be green plexi-glass with white support poles. Two
                downspouts would be painted to match. At this time, Commerce Bank is
                proposing that the ATM be a permanent feature that would remain after the
                Commerce Bank on the southeast corner of Shawnee Mission Parkway and
                Monticello Road is built.

                The pavement to the east of the building will be striped to allow for stacking of
                cars at the ATM and traffic movements in the north and south direction further to
                the east. The ATM would have stacking for two cars in addition to a car at the
                ATM.

                The applicant chose to place the ATM adjacent to the building, rather than place it
                in the parking lot, which had been requested at other locations in the past and
                denied by the Planning Commission.

        5.      To accommodate the ATM, the applicant is proposing to move the menu board
                and loud speaker for the drive-thru for Subway to the north side of the building.
                The applicant shall work with Planning staff to minimize the loud speakers effects
                on the adjoining single family residences, or find an alternate location for the
                menu board which currently is not in use. In the event an alternate location is not
                agreeable, the hours of operation of the menu board may be restricted upon review
                by the Planning Commission. The traffic flow on the site remains similar to that
                which currently exists with stacking lanes at the same location as for the
                restaurant.

        6.      All bulk requirements remain satisfied. The proposed ATM would be located
                approximately 130 feet from both the Monticello Road and 66th Street right-of-
                way, exceeding the twenty (20’) foot requirement of the CH District.

        7.      Existing landscaping will not be affected by this addition, and no mechanical or
                other equipment will be added at this time.
Shawnee Planning Commission                     -12-                                  August 16, 1999



        8.      Because this is a minor addition, the provisions of SMC Chapter 12.26 (Street
                Excise Tax) and SMC 12.14 (Open Space fees) do not apply.

        9.      Because no impervious surface is being added, the provisions of SMC Chapter
                12.24, which pertains to the maintenance of on-site stormwater detention
                facilities, do not apply.

        PLANNING COMMISSION ACTION

        Item No. 3, SP-44-99-8, site plan of an ATM machine for Commerce Bank, was approved
        as a Consent Agenda item, on page one.

        REPEAT OF CONSENT AGENDA MOTION:

        Noting there were no other comments and no deletions, Commissioner Jenkins, seconded by Commissioner
        Bedora, moved that Consent Items 2, 3, 4 and 5 be approved subject to staff recommendations. Motion to
        approve Consent Items 2, 4 and 5 was carried 8-0 and Consent Item No. 3 was approved 7-0-1, with
        Commissioner Pflumm abstaining.



Item No. 4

        FP-52-99-8: consider final plat of MILL CREEK MEADOWS, FIRST PLAT, for
        34 single family lots at the northeast corner of Johnson Drive and Mund Road.
        Request submitted by Schlagel and Schmidt for Van’s Holding Company, developer.

        EXPLANATION OF ITEM

        This was a consent item.

        The applicant requests final plat approval for Mill Creek Meadows (formerly named Arrowhead
        Estates), First Plat, a 34-lot residential subdivision located at the northeast corner of Mund Road
        and Johnson Drive. The application is filed by Fred Schmidt of Schlagel and Schmidt for Van’s
        Holding Company, developer.

        RECOMMENDATION

        The Planning Staff recommends approval of FP-52-99-8, final plat for Mill Creek
        Meadows, First Plat, located at the northeast corner of the intersection of Johnson Drive
        and Mund Road, subject to the following conditions:

        1.      Recording of the final plat prior to issuance of any building permits;

        2.      Two (2) copies of the revised Homes Association and Covenant documents
                (including a statement of maintenance responsibilities for type of fencing allowed
                along Johnson Drive) shall be submitted with the final plat for recording at the
                applicant’s expense;
Shawnee Planning Commission                  -13-                               August 16, 1999



        3.      The pool and other amenities on Tract “A” shall be constructed prior to the
                issuance of a building permit for any additional phase of the subdivision;

        4.      The driveway approach to the pool parking lot shall be designed according to
                Standard Detail 21-10 and the minimum criteria as set forth in the Shawnee
                Manual of Technical Specifications and Design Criteria, and constructed as a part
                of the public street improvements;

        5.      Payment of the open space fee of $6,800 fee shall be paid in a lump sum prior to
                recording the plat or on a pro-rated basis prior to issuance of a building permit for
                each lot;

        6.      Payment of the excise tax prior to the mayor signing the recording copies of the
                final plat(s);

        7.      All streets shall be improved to local residential standards. The proposed streets
                within this phase of development shall be designed according to the Shawnee
                Manual of Technical Specifications and Design Criteria;

        8.      The east half of Mund Road, adjacent to the subdivision, shall be improved to
                modified local residential standards as stated in the staff report;

        9.      Street lights shall be designed in accordance with the minimum requirements set
                forth in Policy Statement PS-18 and in accordance with the Shawnee Manual of
                Technical Specifications and Design Criteria;

        10.     The proposed stormwater drainage system shall be designed in accordance with
                the Shawnee Manual of Technical Specifications and Design Criteria, except as
                specifically waived or varied by action of the City Council;

        11.     Stormwater detention facilities shall be constructed at the northwest and northeast
                portions of the development. The western detention facility shall be constructed
                as part of the public improvements of the first phase;

        12.     Preliminary street and stormwater drainage plan-profile sheets shall be submitted
                to the City Engineer for approval prior to making the recording copies of the final
                plat. Individual final sets of street, stormwater drainage, and street lighting plans
                shall be submitted to the City Engineer for approval prior to construction;

        13.     All public improvements shall be designed and constructed in accordance with the
                Shawnee Manual of Technical Specifications and Design Criteria, except as
                specifically varied or waived by action of the City Council;

        14.     All utilities shall be underground with junction boxes located in side or rear yard
                areas;
Shawnee Planning Commission                  -14-                               August 16, 1999

        15.     A copy of the application and the Environmental Protection Agency National Pollutant
                Discharge Elimination System Permit shall be filed with the Engineering Division prior
                to issuance of a grading permit;

        16.     Erosion control measures shall be shown on the grading plans and shall be in place prior
                to commencing any construction. Upon completion of construction, all disturbed areas
                shall be sodded;

        17.     The applicant is responsible for paying for City-installed street name signs;

        18.     All water main and fire hydrant locations shall be approved by the Fire Chief and
                installed prior to issuance of any building permits; and

        19.     A computation plat shall be provided with the recording copies of the final plat.

        FINAL PLAT REVIEW

        1.      The 14.06-acre property is zoned R-1 (Single Family Residential) and is located at
                the northeast corner of Mund Road and Johnson Drive. The applicant requests
                approval of a final plat for development of a 34-lot single-family residential
                subdivision. The subject property is undeveloped and has been used for
                agricultural purposes. A preliminary plat for this subdivision was approved by the
                Planning Commission at its June 7, 1999, meeting.

        2.      The zoning surrounding the site is a mixture of single family residential zoning
                districts. To the north, the land is zoned RS (Residential Suburban) and R-1; to
                the east, the land is zoned R-1; across Johnson Drive to the south the land is
                zoned PSF (Planned Single Family); and PSF zoning exists to the west of the site,
                across Mund Road.

        3.      The land to the west and south of the site is developing as part of two single family
                residential developments: Deerfield Trace and Lakepointe. Adjacent to the northwest
                corner of the plat is the future location of a KPL/Western Resources electrical substation.
                To the north and east of the site is undeveloped land used for agricultural purposes that
                was included in the preliminary plat for this subdivision.

        4.      The final plat proposes platting the land at a density of 2.42 units per acre. The
                Land Use Guide of the Comprehensive Plan indicates low-density residential
                development, defined as 1 to 5 units per acre, as appropriate in the area.
                Therefore, the zoning conforms with the Land Use Guide of the Comprehensive
                Plan.

        5.      The applicant is seeking final plat approval of a 34-lot, single-family residential
                subdivision on 14.03 acres. The gross density of this phase matches the density
                for the overall subdivision of 2.42 dwelling units per acre. The minimum lot
                frontage is 75 feet as measured from the right-of-way or building line along curves
                and in cul-de-sacs. The applicant has done a good job of varying the lot widths
Shawnee Planning Commission                   -15-                               August 16, 1999

                throughout the subdivision. The lots will range in size from approximately 9,500
                square feet to 22,000 square feet. Both the lot frontage and the lot size meet the
                standards for the R-1 zoning district. The minimum house size will be 1,650
                square feet as stated in the sample deed restrictions. A fifteen-(15’) foot
                landscape easement is shown along Johnson Drive. Berming and landscaping
                shall be installed with the public improvements for this phase.

                In addition to the 34 lots, one tract is being platted that will be used for a pool and
                open space for the subdivision. This tract will also serve to buffer the houses to
                the south from the KPL/Western Resources substation. An amenity plan for Tract
                “A” has been submitted that includes a fence along the northern property line, and
                is generally acceptable. The pool and other amenities on Tract “A” shall be
                constructed prior to the issuance of a building permit for any additional phase of
                the subdivision.

                The subdivision will be accessed from Johnson Drive, Mund Road, and later
                Lakecrest Drive. These streets are classified as a minor arterial, local street, and
                minor collector, respectively in the Circulation Element of the Comprehensive
                Plan. The applicant is proposing preventing direct access to Johnson Drive from
                Lots 19-27. The applicant will also limit vehicular access onto Mund from Lots
                8-9 and 17-18 and to the future Lakecrest Drive from Lots 27 and 28.

        6.      All bulk requirements for the R-1 zoning district have been satisfied. Front yard
                setbacks are platted at thirty (30’) feet. All side yards shall be a minimum side
                yard of seven (7’) feet and at least twenty (20%) percent of the frontage or
                building line measured on curves and in cul-de-sacs. The rear yards are required
                to have a minimum depth of thirty (30’) feet.

        7.      Open space requirements are applicable with the fee based on $200 per residential
                unit. The $6,800 fee shall be paid in a lump sum prior to recording the plat or on
                a pro-rated basis prior to issuance of a building permit for each lot.

        8.      The subdivision is in both the Johnson Drive street improvement district and the
                Johnson Drive water main extension improvement district. The assessments for
                these districts shall be reapportioned to the individual lots when a final plat is
                recorded. Lacking an agreement to the contrary, Engineering staff will
                reapportion the assessments as follows:

                    The total amount reapportioned to an individual final plat will be calculated by
                     dividing the area within the improvement district for that particular plat by the
                     total area within the improvement district for the original unplatted parcel of
                     land and then multiply by the total assessment for that original unplatted
                     parcel of land.

                    The net development area lying in the improvement district for that final plat
                     is calculated by subtracting the area of open space.
Shawnee Planning Commission                   -16-                               August 16, 1999


                    The single-family lots, whose majority lies within the improvement district,
                     will be reassessed equally on each lot based on their total proportional area to
                     the total net development area.

                If the applicant wishes to have the assessments respread differently from the
                method described above, then an agreement for that purpose will need to be
                submitted and approved by the City Council.

        9.      The subdivision is subject to the provisions of SMC 12.28 Street Excise Tax. The
                taxable area of the subdivision is 576,317.36 square feet (area of the subdivision
                minus the right-of-way of Johnson Drive). Assessing the tax at a rate of 13 cents
                per square foot gives a total amount of $74,922.39. The applicant will receive a
                credit for being in the Johnson Drive street improvement district of $29,730.86.
                Payment of the excise tax in the amount $45,191.53 will be required prior to the
                recording copies of the final plat being signed by the mayor.

        10.     The east half of Mund Road, adjacent to the subdivision, shall be improved to a
                local street except as follows:

                    The street will be improved with a left-turn lane at the Johnson Drive
                     intersection. The left-turn lane will provide stacking for at least two vehicles.

                    The width of the right-of-way will be 25 feet, as measured from the centerline,
                     except at the Johnson Drive intersection where the width will be 35 feet. A
                     12:1 transition will be provided in-between.

                    Type “A” curbs are required.

                    The street will be 13.5 feet wide as measured from the centerline to back of
                     curb, except at the Johnson Drive intersection where the width will be 25.5
                     feet. A 12:1 transition will be provided in-between.

                    Pavement marking will be provided as specified by the Manual of Uniform
                     Traffic Control Devices.

                Since Mund Road is not classified as a major street, no credit against the excise
                tax will be given for the permanent improvements to Mund Road.

                All other streets shall be improved to local residential standards. All of the streets
                shall be designed in accordance with the minimum criteria as set forth in SMC
                Section 16.16.020 and in accordance with the Shawnee Manual of Technical
                Specifications and Design Criteria. The applicant is responsible for submitting
                preliminary street plan-profile sheets to the Engineering staff for review and
                approval prior to making the recording copies of the final plat.

                A sidewalk is required on the south and west sides of the street, except along
                Longview north of 53rd Street where the sidewalk shall be on the east side of the
Shawnee Planning Commission                  -17-                               August 16, 1999

                road. The location of the sidewalks is shown on the final plat. Any sidewalk that
                is at the top of a T-intersection must be extended to the curb and a ramp installed
                to ADA standards.

        11.     The commercial driveway approach to the community pool parking lot shall be
                designed according to Standard Detail 21-10 and the minimum criteria as set forth
                in the Shawnee Manual of Technical Specifications and Design Criteria. The
                approach will be constructed as a part of the required public street improvements.

        12.     Street lights are required along all internal streets. The proposed street lighting
                system shall be designed in accordance with the minimum design criteria as set
                forth in Policy Statement PS-18 and in accordance with the Shawnee Manual of
                Technical Specifications and Design Criteria, except as specifically varied or
                waived by action of the City Council as set forth in SMC Section 16.28.010. The
                applicant shall submit an overall conceptual street lighting plan for Engineering
                staff to review prior to submittal of the recording copies of the final plat.

        13.     The stormwater drainage system required for this development shall be designed
                according to the minimum design criteria as set forth in the Shawnee Manual of
                Technical Specifications and Design Criteria. The applicant is responsible for
                submitting preliminary stormwater drainage plan-profile sheets to Engineering
                staff for review and approval prior to making the recording copies of the final plat.

        14.       The site is subject to the provision of SMC Chapter 12.24, which pertains to the
                  construction and maintenance of on-site stormwater detention facilities. On-site
                  detention is required because the preliminary plat for this subdivision is larger
                  than twenty (20) acres. Two stormwater detention facilities are proposed for this
                  subdivision, even though neither of the two detention facilities are within this
                  first phase. The applicant will be responsible for constructing the detention
                  facility shown on the northwest corner of the site as part of the public
                  improvements for this phase of the subdivision, as now required by the City
                  Council. This facility shall be designed as an “off-line” facility. All
                  improvements associated with the detention facilities will be designed in
                  accordance with SMC Chapter 12.24 and the Shawnee Manual of Technical
                  Specifications and Design Criteria, except as specifically varied or waived by
                  action of the City Council.

        15.     The applicant is responsible for submitting individual final sets of street,
                stormwater drainage and detention, and street lighting plans to Engineering staff
                for approval prior to construction. All public improvements are required to be
                designed and constructed in accordance with the Shawnee Manual of Technical
                Specifications and Design Criteria, except as specifically varied or waived by
                action of the City Council. The applicant shall obtain a Public Improvements
                Permit (Form C) prior to commencing any construction of any public
                improvements.
Shawnee Planning Commission                     -18-                                  August 16, 1999

        16.     The site is served by all public utilities. All utilities shall be underground and
                telephone, electric and cable service facilities shall be placed within rear and side
                yards as required by Policy Statement PS-24.

        17.     The area disturbed within the subdivision covered by the preliminary plat will be more
                than five acres, therefore, the applicant is required to apply for an Environmental
                Protection Agency National Pollutant Discharge Elimination System Permit
                (Construction Activity Form 1) from the Kansas Department of Health and Environment.
                A copy of the application and permit needs to be submitted to the Engineering Division
                upon approval by the State.

        18.     Erosion control measures shall be undertaken during construction. An erosion
                control plan, to be approved by the City Engineer prior to the issuance of a
                grading or building permit, shall be submitted. The rough grading and siltation
                control plans shall show: existing and proposed contours at 2-foot intervals,
                typical cross-sections of all proposed drainage channels and swales, and the
                erosion control measures. Following construction, all disturbed areas must be
                covered with seed or sod. The applicant is responsible for maintaining the erosion
                control measures until all homebuilding has been completed, at which time such
                measures will be removed.

        19.     All water main and fire hydrant locations shall be approved by the Fire Chief and
                installed prior to issuance of any building permits.

        20.     The applicant is responsible for submitting a computation plat with the recording copies
                of the final plat. The computation plat shall show the coordinates of all points, the
                bearings and lengths of all lines, and the individual area, in square feet, of all lots, open
                space tracts, and rights-of-way, and the centerline miles of all newly dedicated streets.

        PLANNING COMMISSION ACTION

        Item No. 4, FP-52-99-8, final plat of MILL CREEK MEADOWS, FIRST PLAT, was
        approved as a Consent Agenda item, on page one.

        REPEAT OF CONSENT AGENDA MOTION:

        Noting there were no other comments and no deletions, Commissioner Jenkins, seconded by Commissioner
        Bedora, moved that Consent Items 2, 3, 4 and 5 be approved subject to staff recommendations. Motion to
        approve Consent Items 2, 4 and 5 was carried 8-0 and Consent Item No. 3 was approved 7-0-1, with
        Commissioner Pflumm abstaining.



Item No. 5

        FP-53-99-8: consider final plat of CRESTVIEW HEIGHTS ESTATES, for 20 single
        family lots at 63rd Terrace and Cooper. Request submitted by Payne and Brockway for
        Crestview Heights Partners.
Shawnee Planning Commission                  -19-                               August 16, 1999

        EXPLANATION OF ITEM

        This was a consent item.

        The applicant requests final plat approval for Crestview Heights Estates, a twenty-(20)-lot
        single family subdivision located at 63rd Terrace and Cooper. The application is filed by
        Max DaMetz of Payne and Brockway for Crestview Heights Partners.

        RECOMMENDATION

        Staff recommends approval of FP-53-99-8, final plat for Crestview Heights Estates,
        located at 63rd Terrace and Cooper, subject to the following conditions:

        1.      Concurrence by the City Council to allow the cul-de-sac on 63rd Terrace to extend
                over 1,100 feet from the closest intersecting through street;

        2.      Recording of the final plat with the Johnson County Register of Deeds prior to
                issuance of any building permits;

        3.      Two (2) copies of the Homes Association and Deed Restrictions be submitted
                with the final plat for recording at the applicant's expense;

        4.      Payment of the $4,000 open space fee prior to recording of the plat or $200 per lot
                prior to issuance of building permits;

        5.      The applicant shall submit, for recording at the applicant’s expense, a Covenant of
                Non-Opposition to the creation of a future improvement district for Barker Road;

        6.      The road ditch lying next to the subdivision on the east side of Barker Road shall
                be reconstructed to the proper grade and slope to provide positive drainage along
                the street. A Right-of-Way Work Permit shall be received prior to beginning the
                improvements;

        7.      Payment of the $117,514.85 excise tax prior to the mayor signing the recording
                copies of the final plat;

        8.      All internal streets shall be improved to local residential standards as specified in
                the Shawnee Manual of Technical Specifications and Design Criteria, except as
                specifically waived by action of the City Council;

        9.      The street lighting system shall be designed according to the minimum design
                criteria as set forth in Policy Statement PS-18 and according to the Shawnee
                Manual of Technical Specifications and Design Criteria;

        10.     The proposed stormwater drainage system shall be designed in accordance with
                the Shawnee Manual of Technical Specifications and Design Criteria, except as
                specifically waived or varied by action of the City Council;
Shawnee Planning Commission                  -20-                              August 16, 1999



        11.     Preliminary street plan-profile sheets, stormwater drainage and detention plan-
                profile sheets, and conceptual street lighting plan shall be submitted to the City
                Engineer for approval prior to submitting the recording copies of the final plat;

        12.     Individual final sets of street, stormwater drainage and detention, and street
                lighting plans shall be submitted to the City Engineer for approval prior to
                construction. The applicant shall obtain a Public Improvements Permit (Form
                “C”) prior to commencing any construction of public improvements;

        13.     All utilities shall be underground and all utility junction boxes be located in side
                or rear yard areas, with the exception of Lots 2-14 which shall be allowed to place
                utility boxes in the front yards if needed. A landscaping plan shall be submitted
                showing how all junction boxes in the front yards will be screened prior to the
                recording of the final plat;

        14.     The applicant shall receive an Environmental Protection Agency National
                Pollutant Discharge Elimination System permit (Construction Activity Form 1)
                from the Kansas Department of Health. A copy of the application shall be filed
                with the Engineering Division prior to issuance of a grading permit;

        15.     Erosion control measures, to be approved by the Engineering Division, shall be in
                place during construction. After construction, all disturbed primary yards shall be
                sodded;

        16.     The applicant is responsible for paying for City-installed street-name signs;

        17.     Approval of all water main and fire hydrant locations by the Fire Chief and
                installation prior to issuance of any building permits;

        18.     A computation plats shall be submitted with the recording copies of the final plat;
                and

        19.     The plat be forwarded to the August 23, 1999, City Council meeting.

        FINAL PLAT REVIEW

        1.      The property is zoned R-1 (Single Family Residential) and is characterized by a
                rolling topography with severe slopes (exceeding 40%) along the northern and
                western edges of the subdivision. A preliminary plat for this subdivision was
                approved by the Planning Commission at its July 19, 1999, meeting.

        2.      The land to the north of the site is developed with a single family home on a large,
                multi-acre, unplatted lot and is zoned AG (Agricultural). Land to the south and
                east of the site is being developed as part of Crestview Heights, a single family
                residential development zoned R-1 that has lots between 14,000 square feet and
                three acres in size. Parkwoods Subdivision, a single family residential
Shawnee Planning Commission                  -21-                                August 16, 1999

                development with lots between 7,000-13,000 square feet, lies to the west of the
                site and is zoned PSF (Planned Single Family).

        3.      The Land Use Guide of the Comprehensive Plan indicates low density residential
                land uses (defined as 1-5 units per acre) as appropriate for this area. The applicant
                is proposing to develop the land at a rural residential level of 0.80 units per acre.
                Staff supports developing the area at this level due to the difficult topography and
                extreme slopes that exist on the site.

        4.      The applicant is seeking final plat approval for a twenty (20) lot subdivision. Lot
                sizes range from 18,300 square feet to 133,000 square feet, resulting in a gross
                density of 0.80 units per acre. Minimum lot frontage is eighty-five feet (85') as
                measured at the property line or at the building line along curves and within cul-
                de-sacs. Both the lot size and frontage exceed the minimum requirements for the
                R-1 zoning district.

                Nineteen (19) of the lots will be accessed from Cooper, designated as a local street
                in the Circulation Element of the Comprehensive Plan, which was improved as
                part of Crestview Heights. The twentieth lot (Lot 9) will be accessed from Barker
                Road, designated as a major collector on the Circulation Element of the
                Comprehensive Plan. The applicant is dedicating fifteen (15’) additional feet of
                right-of-way to increase the total on the east half of Barker Road to thirty-five
                (35’) feet, the minimum requirement for a major collector. In addition, the
                applicant is providing approximately 3,000 square feet of right-of-way to allow
                the radius of two curves to be increased when Barker Road is improved, as part of
                a City improvement project. The applicant is platting an access control easement
                along the backs of Lots 9-15, prohibiting direct vehicular access to Barker Road,
                along all of the lots except for Lot 9 where a thirty (30’) foot break in the
                easement is shown at the location of an existing driveway.

        5.      All bulk requirements have been satisfied. Front yard setbacks are platted
                between thirty (30’) and thirty-five (35’) feet, side yards shall total twenty percent
                (20%) of the lot width with no less than seven feet (7') per side, and rear yards are
                required to be a minimum of thirty feet (30').

        6.      Open space requirements are applicable. The $4,000 fee shall be paid in a lump
                sum prior to recording of the plat or $200 per lot prior to issuance of building
                permits.

        7.      Engineering staff has determined that the only temporary improvements to Barker
                Road shall be reconstructing the road ditch lying adjacent to the subdivision on
                the east side of the street to the proper grade and slope to provide positive
                drainage along the street. This work is not eligible for credit against the excise
                tax. In addition, the applicant shall be responsible for submitting, with the
                necessary recording fee, a Covenant of Non-Opposition to the future creation of
                an improvement district for Barker Road in lieu of constructing any permanent
                street improvements at this time.
Shawnee Planning Commission                  -22-                               August 16, 1999



        8.      The subdivision is subject to the provisions of SMC 12.26 Street Excise Tax. The
                taxable area of the subdivision is 1,067,013.09 square feet (area of the subdivision
                minus the right-of-way of Barker Road). Payment of the tax in the approximate
                amount of $117,514.85, based on 13 cents per square foot of platted land with a
                cap of $7,000 per lot, will be required prior to the plat being signed by the mayor.

        9.      The internal streets shall be improved to local residential street standards. The
                street shall be designed in accordance with minimum criteria as set forth in SMC
                Section 16.16.020 and in accordance with the Shawnee Manual of Technical
                Specifications and Design Criteria.         The cul-de-sac on 63rd Terrace is
                approximately 1,110 feet in length, exceeding the City’s maximum length for a
                cul-de-sac by over 600 feet. Staff supports allowing this length since the cul-de-
                sac will only serve 19 houses, and the steep terrain makes a connection to Barker
                Road difficult. The City Council shall take action on the requested waiver. The
                applicant is responsible for submitting preliminary street plan-profile sheets to the
                Engineering staff for review and approval prior to making the recording copies of
                the final plat.

                Sidewalks shall be located on the south and east sides of the street and are shown
                on the final plat. Sidewalks at the top of T-intersections must be extended to the
                curb and sidewalk ramps installed to ADA standards.

        10.     Street lights are required along all internal streets. The proposed street lighting
                system shall be designed in accordance with the minimum design criteria as set
                forth in Policy Statement PS-18 and in accordance with the Shawnee Manual of
                Technical Specifications and Design Criteria, except as specifically waived by
                action of the City Council as set forth in SMC Section 16.28.010.

        11.     The stormwater drainage system required for this development shall be designed
                in accordance with the standards in the Shawnee Manual of Technical
                Specifications and Design Criteria, except as specifically waived by action of the
                City Council as set forth in SMC Section 16.28.010. The conceptual stormwater
                drainage system proposed is generally acceptable; however, Engineering staff will
                work with the applicant to resolve some minor design issues. The applicant is
                responsible for submitting preliminary stormwater drainage plan-profile sheets to
                Engineering staff for review and approval prior to making the recording copies of
                the final plat.

        12.     The subdivision is subject to the provisions of SMC Chapter 12.24, which
                pertains to the construction and maintenance of on-site stormwater detention
                facilities. An on-site stormwater detention facility is required because the
                proposed residential development is larger than 20 acres. The applicant has
                shown the location of the facility, on the northwest portion of Lot 8, and the
                estimated critical storage volume for the facility. The basin shall be designed as an
                off-line facility. A stormwater detention plan shall be included as part of the
                stormwater drainage plans for this development. The detention facility shall be
Shawnee Planning Commission                   -23-                                August 16, 1999

                designed according to the provisions of SMC Chapter 12.24 and the standards in
                the Shawnee Manual of Technical Specifications and Design Criteria.

        13.     The applicant is responsible for submitting individual final sets of street,
                stormwater drainage and detention, and street lighting plans to Engineering Staff
                for approval prior to commencing construction of any public improvements. All
                public improvements shall be built in accordance with the requirements set forth
                in the Shawnee Manual of Technical Specifications and Design Criteria. The
                applicant shall obtain a Public Improvements Permit (Form C) prior to
                commencing any construction of any public improvements.

        14.     Telephone, electric and cable service facilities are to be placed within rear and
                side yards as required by Policy Statement PS-24, except as specifically varied or
                waived by action of the City Council. The applicant is requesting a waiver of PS-
                24 for Lots 2-14, due to the extreme slopes that exist on these lots. If the City
                Council approves the placement of utilities within the front yard, then such
                utilities are to be placed within the right-of-way and not within easements
                adjacent to the right-of-way. Additionally, the applicant shall submit a
                landscaping plan showing how the junction boxes will be screened. The
                landscaping shall be planted prior to the issuance of the Certificate of Occupancy.

        15.     The area disturbed within the subdivision will be more than five acres, so prior to
                any grading, the applicant shall apply for an Environmental Protection Agency
                National Pollutant Discharge Elimination System permit (Construction Activity
                Form 1) from the Kansas Department of Health. A copy of the application shall
                be filed with the Engineering Division, prior to issuance of a grading permit. The
                permit shall be filed with the Engineering Division upon approval by the State.

        16.     Erosion control measures shall be undertaken during construction. An erosion
                control plan, to be approved by the City Engineer prior to the issuance of a
                grading or building permit, shall be submitted. The rough grading and siltation
                control plans shall show: existing and proposed contours at 2-foot intervals,
                typical cross-sections of all proposed drainage channels and swales, and the
                erosion control measures. Following construction, all disturbed areas must be
                covered with seed or sod. The applicant is responsible for maintaining the erosion
                control measures until all homebuilding has been completed, at which time such
                measures will be removed.

        17.     All water main and fire hydrant locations shall be approved by the Fire Chief and
                installed prior to issuance of any building permits.

        18.     A computation plat shall be provided showing the coordinates of all points, the
                bearings and lengths of all lines, and the individual area, in square feet, of all lots,
                open space tracts, and rights-of-way. Also shown on this plat shall be the
                centerline miles of all newly dedicated streets. The computation plat shall be
                submitted with the recording copies of the final plat.
Shawnee Planning Commission                     -24-                                  August 16, 1999

        PLANNING COMMISSION ACTION

        Item No. 5, FP-53-99-8, final plat of CRESTVIEW HEIGHTS ESTATES, was approved as a Consent
        Agenda item, on page one.

        REPEAT OF CONSENT AGENDA MOTION:

        Noting there were no other comments and no deletions, Commissioner Jenkins, seconded by Commissioner
        Bedora, moved that Consent Items 2, 3, 4 and 5 be approved subject to staff recommendations. Motion to
        approve Consent Items 2, 4 and 5 was carried 8-0 and Consent Item No. 3 was approved 7-0-1, with
        Commissioner Pflumm abstaining.



Item No. 6 – NEW BUSINESS

        Public Hearing:       Amendments to the Comprehensive Plan regarding Neighborhood
        Revitalization.

        EXPLANATION OF ITEM

        Planning Director Paul Chaffee explained the amendments to the Comprehensive Plan as
        pointed out in the staff report.

        PUBLIC DISCUSSION

        Chairman Mazza noted that this is a Public Hearing. There were no comments from the
        public.

        PLANNING COMMISSION DISCUSSION

        Commissioner Bedora noted this was clear cut and simple.

        PLANNING COMMISSION ACTION

        Commissioner Bedora, seconded by Commissioner Gentry, moved to recommend the
        City Council amend Chapter 5 of the Comprehensive Plan regarding neighborhood
        revitalization. Motion was carried 8-0.


Item No. 7

        PUD-3-99-6; FP-37-99-6: tabled at the August 2nd meeting: consider preliminary
        development plan and final plat for LAKEPOINTE, FIFTH PLAT, for single family
        lots to be located at 58th and Theden. Approval of the request will result in rezoning
        from AG (Agricultural) and RE (Residential Estates) to PSF (Planned Single Family).
        Request submitted by Phelps Engineering for Lakepointe Developers, Inc.
Shawnee Planning Commission                 -25-                               August 16, 1999

        EXPLANATION OF ITEM

        Planning Director Paul Chaffee explained that the applicant requests rezoning from AG
        (Agricultural) and RE (Residential Estates) to PSF (Planned Single Family) and final plat
        approval for Lakepointe, Fifth Plat, a 51-lot single family residential subdivision, located
        at 58th Street and Theden. The application is filed by Harold Phelps of Phelps
        Engineering for Lakepointe Developers, developers.

        PLANNED UNIT DEVELOPMENT REVIEW

        1.      The applicant is seeking to rezone 15.437 acres of land from AG and RE to PSF.
                The surrounding zoning to the north is PSF and RE; to the east and south the
                zoning is RE; and PSF zoning exists to the west of the site.

        2.      Surrounding land uses include vacant land to the east and south that was included
                in the preliminary development plan for Lakepointe. On the land to the east is a
                former gravel pit that will be used as a lake for the subdivision. To the north is a
                single family home on a large multi-acre unplatted lot. Property to the west is
                included in previous phases of Lakepointe, and is developing with single family
                residential homes. To the southwest of the site is undeveloped land that is part of
                the preliminary development plan for the Forest at Clear Creek, a single-family
                residential subdivision.

        3.      The Land Use Guide of the Comprehensive Plan designates the area as
                appropriate for low-density residential development, defined as one to five units
                per acre. The accompanying final plat shows the land being platted at a density of
                3.30 units per acre, within the low-density range. The plat is in substantial
                compliance with the preliminary development plan approved by the City Council
                in November 1992.

        4.      Access to this phase of the subdivision will be from 58th Street, improved to local
                residential street standards as part of the public improvements for the fourth phase
                of the subdivision, and is adequate for public safety purposes.

        5.      The rezoning should have little or no detrimental effect upon surrounding
                properties. The density for this phase of the development is slightly denser than
                Lakepointe as a whole, and represents the anticipated use of land by the
                Comprehensive Plan for this area. The lands to the east and south are part of the
                preliminary development plan for Lakepointe, with the preliminary plat showing
                lots roughly of a similar size as shown in this final plat.

        6.      Denial of the rezoning request would not appear to benefit the public. Single
                family residences are the intended use for the area, and the plat conforms to the
                number of lots and configuration on the approved preliminary development plan
                for Lakepointe subdivision.
Shawnee Planning Commission                   -26-                               August 16, 1999

        FINAL PLAT REVIEW

        1.      The applicant is seeking final plat approval for fifty-one (51) single family
                residential lots on 15.437 acres. The resulting gross density is 3.30 dwelling units
                per acre, somewhat denser than the overall subdivision’s gross density of 2.66
                units per acre. The lot sizes for this phase range from 7,500 square feet up to
                18,200 square feet, meeting the 7,200 square foot minimum lot size set when the
                preliminary development plan was approved. The final plat is showing three-(3)
                fewer lots on the west side of Theden Street than approved with the preliminary
                development plan, reducing the number for the overall subdivision from 472 to
                469 lots. The minimum house size for this phase of the subdivision is 1,600
                square feet, as stated in the final plat application, and is significantly greater than
                the minimum house size of 1,100 square feet stipulated in the preliminary
                development plan. No more than twenty (20%) percent of the homes may utilize
                the same exterior elevation, as required by the PSF zoning district.

                Along with the 51 lots, one tract will be platted. Tract “Q” is a continuation of
                Tract "A" that was platted during the first phase of Lakepointe. The tract will be
                used as open space for the subdivision. An amenity and landscaping plan have
                been submitted as required as a condition of approval of the preliminary
                development plan.

        2.      Two geotechnical reports were submitted by an geotechnical engineering
                company working on behalf of the applicant that indicated that some sloughing
                and movement of the slopes could occur on the 18 lots to the east of Theden, and
                adjacent to the former gravel pit, now a lake for the subdivision. City staff
                reviewed these two reports, one prepared in June of 1996 and the second in March
                of 1999, and found several issues with the study that needed to be addressed:

                    The long term stability of portions of the south and west banks of the lake
                     were questioned in the June 1996 report.

                    The March 1999 report included only one cross section of the land examining
                     the slope and stating its safety.

                    The level of safety of 1.5 (for permanent structures, most authorities agree that
                     a safety factor of 1.5 is considered acceptable for long-term conditions) was
                     attained sixty (60’) feet from the front lot line. As the safety measurements
                     went further into the lots, that safety measure decreased. Most of the houses
                     built in Lakepointe extended much further than sixty (60’) feet into the lot.

                    All of the topographic information used in the study was based on AIMS
                     information, and not information taken from the field.

                The applicant has since submitted a revised engineering report dated July 30,
                1999, for the 18 lots adjacent to the lake that addresses all of these issues. The
                revised report provides a global stability analysis of the lots based on twelve (12)
Shawnee Planning Commission                  -27-                                August 16, 1999

                cross-sections. The cross-sections were developed based on topographic
                information provided by Phelps Engineering from field surveys and borings
                performed by Terracon in 1996. The report details the placement of fill materials
                along the lake to ensure a level of safety of 1.5 at the back line of all the lots.

                Engineering and Building Codes staff have reviewed the report and find it
                generally acceptable. The necessary fill behind Lots 259-276 are an off-site
                improvement not covered by a public improvement permit. Hence, the applicant
                must receive a grading permit issued by the Chief Building Official prior to
                commencing placing any fill. Staff further recommends that a geotechnical
                engineer provide on-site inspection while the fill material is being placed to
                ensure proper placement prior to the issuance of any building permit for the house
                east of Theden.

        3.      All bulk requirements have been satisfied. Front yard setbacks are platted at thirty
                (30’) feet. Five corner lots have a designated front and side yard; the side yard is
                platted at twenty (20’) feet. The unplatted side yards shall be a minimum of six
                (6’) feet, and the rear yards are required to be at least thirty (30’) feet in depth.
                The minimum lot frontages are sixty (60’) feet at the street or at the building line
                along curves and within cul-de-sacs as stipulated with approval of the preliminary
                development plan for the subdivision. The required thirty (30’) foot peripheral
                boundary has been provided along the north subdivision boundary and along the
                east lot line of Tract “Q”.

        4.      Open space requirements are applicable. The $10,200 fee shall be paid in a lump
                sum prior to recording of the plat or $200 per lot prior to issuance of building
                permits.

        5.      The subdivision is subject to the provisions of SMC 12.26 Street Excise Tax. The
                taxable area of the subdivision is 672,435.72 square feet, resulting in an amount
                of $87,416.64, based on 13 cents per square foot of land being platted. A portion
                of the subdivision is within the Johnson Drive Improvement District. The
                assessments for the improvement district will need to be reapportioned to the
                individual lots at the time the final plats are recorded. The applicant may seek a
                partial credit of $9,912.00 against the required excise tax, reducing the amount
                owed to $77,504.64. The excise tax shall be paid in a lump sum prior to the
                recording copies of the final plat being signed by the mayor.

                Under the excise tax, the applicant is eligible to apply for a credit for any tract to
                be owned and maintained by a Homes Association and used exclusively for
                recreation use for the benefit of the members of the Homes Association (Tract
                “Q”). To apply for the credit, the applicant shall make a formal request for the
                land to be excluded prior to the plat being considered by the City Council. With
                the formal request shall be a plan depicting the improvements to be made. The
                request will be forwarded to the Parks and Recreation Advisory Board and a
                recommendation will be forwarded to the City Council. The Governing Body
                shall then determine whether it is in the public interest to exclude the land from
Shawnee Planning Commission                  -28-                                August 16, 1999

                the plat, for the purpose of determining the excise tax. If the tract is excluded, a
                revised excise tax amount will be supplied to the applicant, once the exact size of
                Tract “Q” has been determined.

        6.      All internal streets shall be improved to local residential street standards. The
                streets shall be designed in accordance with minimum criteria as set forth in SMC
                Section 16.16.020 and in accordance with the Shawnee Manual of Technical
                Specifications and Design Criteria, except as varied or waived by action of the
                City Council as set forth in SMC Section 16.28.010. The City Council did grant a
                waiver to allow the cul-de-sac on Theden to extend more than 500 feet with their
                approval of the preliminary development plan. The applicant is responsible for
                submitting preliminary street plan-profile sheets to the Engineering staff for
                review and approval prior to making the recording copies of the final plat.

                A sidewalk is required on one side of all local streets and they are shown on the
                plat. A sidewalk at the top of a T-intersection must be extended to curb and a
                ramp installed to ADA standards.

        7.      Streetlights are required along all internal streets. The proposed street lighting
                system shall be designed in accordance with the minimum design criteria as set
                forth in Policy Statement PS-18 and in accordance with the Shawnee Manual of
                Technical Specifications and Design Criteria. In October 1998, the applicant
                submitted preliminary street lighting plans. Engineering staff has reviewed these
                plans and returned the check prints to the applicant for revisions.

        8.      This site is subject to the provisions of SMC Chapter 12.24, which pertains to the
                construction and maintenance of on-site stormwater detention facilities. On-site
                detention is required because the revised preliminary plat for this development
                consists of more than twenty (20) acres. The applicant previously submitted a
                conceptual stormwater detention plan for the entire site, which generally appears
                to satisfy the applicable regulations. None of the proposed detention basins
                shown on the conceptual plan are found within this final plat.

        9.      An enclosed stormwater drainage system is required to convey all overland and
                gutter flows exceeding 8 c.f.s during a ten (10) year storm. The proposed system
                should be designed in accordance with the minimum design criteria as set forth in
                the Shawnee Manual of Technical Specifications and Design Criteria, except as
                specifically varied or waived by action of the City Council. In October 1998, the
                applicant submitted preliminary stormwater drainage plans that included a
                drainage area map and a table summarizing the hydrologic and hydraulic analysis
                of the site. Engineering staff has reviewed these plans and returned the check
                prints to the applicant for revisions.

        10.     Individual final sets of street, stormwater, and street light plans shall be submitted
                to the City Engineer for approval prior to construction. All public improvements
                shall be constructed in accordance with the City's current Manual of Technical
                Specifications and Design Criteria, except as specifically varied or waived by
Shawnee Planning Commission                   -29-                                August 16, 1999

                action of the City Council as set forth in SMC Section 16.28.010. The applicant
                shall obtain a Public Improvement Permit (Form C) prior to commencing any
                construction of any public improvements.

        11.     Telephone, electric and cable service facilities shall be placed within rear and side
                yards as required by Policy Statement PS-24. Because of the lake along the rear
                of Lots 259-276, the applicant is asking to be granted a wavier from PS-24 for
                those lots, and be allowed to have the option to place utilities in front yards.

                If the wavier is granted, the applicant shall provide staff with a landscape plan
                indicating the location and type of screening for utility junction boxes in the front
                yard areas prior to recording of the final plat. Such landscaping shall be planted
                prior to final occupancy of the residences on the above-mentioned lots.

        12.     Prior to any grading on the site, the applicant shall apply for an Environmental
                Protection Agency National Pollutant Discharge Elimination System permit
                (Construction Activity Form 1) from the Kansas Department of Health. A copy of
                the application shall be filed with the Engineering Division, prior to issuance of a
                grading permit. The permit shall be filed with the Engineering Division upon
                approval.

        13.     Erosion control measures shall be undertaken during construction. An erosion
                control plan, to be approved by the City Engineer prior to the issuance of a
                grading or building permit, shall be submitted. The rough grading and siltation
                control plats shall show: existing and proposed contours at 2-foot intervals, typical
                cross-sections of all proposed drainage channels and swales, and the erosion
                control measures. Following construction, all disturbed areas must be covered
                with seed or sod. The applicant is responsible for maintaining the erosion control
                measures until all homebuilding has been completed, at which time such measures
                will be removed.

        14.     All water main and fire hydrant locations shall be approved by the Fire Chief and
                installed prior to issuance of any building permits.

        15.     The applicant is responsible for paying for City-installed street-name signs.

        16.     A computation plat shall be provided showing the coordinates of all points, the
                bearings and lengths of all lines, and the individual area, in square feet, of all lots,
                open space tracts, and rights-of-way. Also shown on this plat shall be the
                centerline miles of all newly dedicated streets. The computation plat shall be
                submitted with the recording copies of the final plat.

        RECOMMENDATION

        Staff recommends approval of PUD-3-99-6 and FP-37-99-6, final plat for Lakepointe,
        Fifth Plat, located at 58th Street and Theden, subject to the following conditions:
Shawnee Planning Commission                   -30-                               August 16, 1999

        1.      Recording of the final plat prior to issuance of any building permits;

        2.      Two (2) copies of the Homes Association and Deed Restrictions be submitted
                with the final plat for recording at the applicant's expense;

        3.      No greater than 469 total lots be indicated on the final plats submitted for the
                development;

        4.      The minimum house size for this phase is 1,600          square feet, as stipulated on
                the final plat application;

        5.      No more than twenty (20%) percent of the homes shall use the same elevation;

        6.      Unplatted side yards shall be at least six feet (6’) in width;

        7.      The developer shall receive a grading permit issued by the Chief Building Official
                prior to begin any fill work east of Lots 259-276. Additionally, a geotechnical
                engineer shall be onsite during the placement of the required fill material to ensure
                its placed as specified in the Slope Stability Analysis report dated July 30, 1999;

        8.      Payment of the $10,200 open space fee prior to recording of the plat, or $200 per
                lot prior to issuance of building permits;

        9.      The applicant shall pay in a lump sum, the excise tax that shall not exceed
                $87,416.64, prior to the mayor signing the recording copies of the final plat;

        10.     All streets shall be constructed to local street standards as specified in the
                Shawnee Manual of Technical Specifications and Design Criteria;

        11.     The street lighting system shall be designed according to the minimum design
                criteria as set forth in Policy Statement PS-18 and according to the Shawnee
                Manual of Technical Specifications and Design Criteria;

        12.     The proposed stormwater drainage system shall be designed in accordance with
                the Shawnee Manual of Technical Specifications and Design Criteria, except as
                specifically waived or varied by the City Council;

        13.     Individual final street, stormwater and street lighting plans shall be submitted to,
                and approved by, the City Engineer prior to any construction. The applicant shall
                obtain a Public Improvements Permit (Form “C”) prior to commencing any
                construction of public improvements;

        14.     All utility junction boxes shall be in the rear yard, with the possible exception of
                Lots 259-276, which the applicant has requested a variance to place utilities in the
                front of the houses;
Shawnee Planning Commission                  -31-                                August 16, 1999

        15.     The applicant shall submit a landscape plan for the junction boxes to be located
                on Lots 259-276, prior to recording of the final plat. Landscaping shall be planted
                prior to final occupancy of the residences on these lots;

        16.     The applicant shall apply for an Environmental Protection Agency National
                Pollutant Discharge Elimination System permit (Construction Activity Form 1)
                from the Kansas Department of Health. A copy of the application shall be filed
                with the Engineering Division prior to issuance of a grading permit. Upon
                approval of the permit, a copy shall be filed with the Engineering Division;

        17.     The applicant shall submit an erosion control plan outlining grading and erosion
                control measures, that is to be approved by the Engineering Division and be in
                place during construction. After construction, all disturbed areas shall be sodded;

        18.     Approval of all water main and fire hydrant locations by the Fire Chief and
                installation prior to issuance of any building permits;

        19.     The applicant is responsible for paying for City-installed street name signs; and

        20.     A computation plat shall be submitted with the recording copies of the final plat.

        QUESTIONS FROM COMMISSION

        Commissioner Pflumm asked if the fill on the lots that back up to the lake were in the
        building area. Mr. Chaffee responded no, that the fill would occur in the rear yards,
        behind the houses. Commissioner Pflumm noted that it would not have any affect on the
        home itself, as far as foundation or footings. Mr. Chaffee responded that was correct,
        adding that the City is looking at the fill and how stable it is so that later on, part of the
        back yard wouldn’t drop off into the lake.

        Commissioner Jenkins stated he had that concern also, and wondered what was meant by
        “generally acceptable.” Mr. Chaffee responded that Engineering is not going to tell you
        that they are going to accept everything 100% along the line. He noted that Engineering
        has reviewed the report and it is fine. Their concern and the reason that it is generally
        acceptable is that the report doesn’t specify that there should be someone on-site while
        the fill material is being put in, which is the reason that Engineering is requiring that a
        geotechnical engineer be present on site while the fill is in to make sure that it is
        compacted and has a stability factor that it needs to have so that it can be certified at the
        time a building permit is issued. That was the only reservation that they had.

        Commissioner Pflumm asked about bonding. Mr. Chaffee responded that the company
        that does the grading work would have to be bonded by the City.

        Commissioner Jenkins commented that it is an uninsurable loss if that were to go.
Shawnee Planning Commission                 -32-                              August 16, 1999

        Mr. Chaffee commented that is the reason this item has been tabled for two or three
        months until we could get the report back to ensure what compaction rates are necessary
        and how much fill would be necessary.

        Commissioner Jenkins wondered why the fill is going to solve the problem and make it
        go away, asking what the problem was or if the issue was a long-term erosion factor.

        Mr. Chaffee responded that the question was that staff knew that there was an old quarry
        behind the homes and wanted to know how stable were the edges of the lake and what
        was the probability of erosion that would occur and what was the makeup of the soils. He
        thought that the engineers would bring in the soils in the fill material that would make it
        more stable than it is right now and meets all the requirements for construction to occur.

        Commissioner Jenkins asked if it would take a retaining wall. Mr. Chaffee responded no,
        he didn’t believe so.

        Commissioner Pflumm commented that it wasn’t necessarily a red flag, but just a
        precautionary measure. Mr. Chaffee responded that was correct.

        Commissioner Jenkins commented that made sense because it is evidently a cause for
        concern and there must be a problem. Mr. Chaffee responded that the City’s cause for
        concern was that we didn’t want that to erode, adding that there has not been a problem
        with the west side of the quarry eroding.

        Chairman Mazza asked if the applicant would have to get a variance for the cul-de-sac.
        Mr. Chaffee responded no, the Council had already approved the length of the cul-de-sac
        when the overall development plan was considered for Lakepointe subdivision.

        Mr. Chaffee added that the way it is designed is that it actually abuts up against the
        northern property line so if the property owner further to the north so desired to extend
        that road up to Johnson Drive, the opportunity is there, although it would be constructed
        as a cul-de-sac right now.

        Chairman Mazza noted that it was a pretty steep climb and the applicant didn’t want to do
        that and it will probably never be done. Mr. Chaffee added that at least the opportunity
        opened for that property owner.

        PUBLIC DISCUSSION

        Mark Pottinger, of Phelps Engineering, representing Lakepointe Developers, stated that
        they had read the stipulations and were in agreement with them. He asked for a favorable
        decision.

        No one spoke in opposition.
Shawnee Planning Commission                 -33-                              August 16, 1999

        PLANNING COMMISSION DISCUSSION

        Chairman Mazza commented that the Planning Commission had gone over this in detail
        before. He said he was glad to hear about the added measures taken for a possible future
        concern. He thinks that was well worth doing something about.

        PLANNING COMMISSION ACTION

        Commissioner Land, seconded by Commissioner Bedora, moved for approval of PUD-3-
        99-6 and final plat FP-37-99-6, subject to staff recommendations. Motion was carried 8-
        0.


Item No. 8

        FP-51-99-8: consider final plat of ATTIC BUSINESS PARK, for one lot at
        Shawnee Mission Parkway and Kansas Avenue. Request submitted by Schlagel and
        Schmidt for Jerry Bichelmeyer.

        EXPLANATION OF ITEM

        Planning Director Paul Chaffee explained that the applicant requests final plat
        approval for the development of one industrial lot on 10.87 acres. The subject
        property is located at Shawnee Mission Parkway and Kansas Avenue. The
        application is filed by Ed Schlagel of Schlagel & Schmidt for Jerry Bichelmeyer,
        developer.

        FINAL PLAT REVIEW

        1.      The property which is proposed for final platting is a 10.87 acre tract, and is
                located on the north side of Shawnee Mission Parkway between Mill Creek and
                the Burlington Northern/Santa Fe railroad tracks. A portion of the property was
                occupied by the Mill Creek Family Golf Center. A site plan for an Attic Storage
                mini-storage facility (formerly All-Star Storage) was approved by the Planning
                Commission at their March 1, 1999, meeting.

        2.      The subject property is located within the 100-year floodplain of Mill Creek. A
                revised floodplain is shown on the plat as a heavy dashed line immediately east of
                the site. Once the site has been graded, the dashed line will represent the western
                edge of Mill Creek’s 100-year floodplain. The site is just south of the floodplain
                for Clear Creek, and is zoned PI (Planned Industrial).

                The tract is adjoined on the east, by the main channel of Mill Creek and its
                associated floodway. The area further east, across the creek, is zoned CN
                (Commercial Neighborhood), near Shawnee Mission Parkway, and PSF (Planned
                Single Family) in the developing Parkwoods subdivision. The tree farm for the
                Johnson County Park and Recreation District also adjoins a portion of the eastern
Shawnee Planning Commission                  -34-                              August 16, 1999

                side of the site, and is zoned PI. Undeveloped property to the north is zoned PI
                and is in the 100-year floodplain of both Mill Creek and Clear Creek. The subject
                tract is adjoined on the west undeveloped land included in the preliminary plat for
                the site and by the main line and right-of-way of the Burlington Northern/ Santa
                Fe Railroad. Shawnee Mission Parkway adjoins the subject tract on the south.
                Across the parkway is R.J. Plastics, which is zoned PI.

        3.      The Land Use Guide of the Comprehensive Plan designates the subject property
                and the Mill Creek floodplain as appropriate for development of parks and open
                space, therefore the proposed industrial development is not in conformance with
                the Land Use Guide. However, the property is zoned PI, which allows
                development of industrial uses “by right”. The Planning Commission, at its
                March 1, 1999, meeting, voted to allow an industrial usage of this lot in
                conformance with the zoning for the site. The final plat is in conformance with
                the approved preliminary plat.

        4.      The applicant is proposing a one (1) lot and one (1) tract subdivision. The lot is
                5.79 acres and the tract is 2.8 acres. The lot will be developed with a self-storage
                facility that was approved by the Planning Commission at its March 1, 1999,
                meeting. The lot has over one hundred (100’) feet of street frontage as required
                by the PI zoning district. The applicant has offered to give Tract “A” to the
                Johnson County Park and Recreation District. If the Park and Recreation District
                does not accept the tract, the developer will be responsible for all maintenance of
                the tract.

                The applicant is proposing access restrictions along Tract “A” to prevent direct
                vehicle access to Shawnee Mission Parkway.

        5.      All bulk requirements have been met. The buildings will be set back fifty (50’)
                feet from the front property line. The side and rear setbacks are flexible since all
                the land surrounding Lot 1 is zoned PI.

        6.      The subject site was shown as being within the 100-year floodplain of Mill Creek
                on the Federal Insurance Rate Maps (FIRM). The applicant has been working
                with the applicable State departments and has received their approvals for grading
                and fill work to remove the site from the Mill Creek floodplain. The development
                of the tract shall be in compliance with all applicable Federal Emergency
                Management Agency (FEMA) and City regulations. Since this is an industrial
                development, in order to meet this regulation, all facilities must be protected to a
                minimum elevation of 2 feet above the base flood elevation (BFE) or a LOMR
                shall be issued by FEMA. The BFEs for the site are stated on the final plat.

                In addition, the applicant must complete the following items in this order, prior to
                the issuance of any permit to allow the construction of footings and foundations:

                      The final plat must be approved by the City Council;
Shawnee Planning Commission                         -35-                              August 16, 1999


                             Engineering and Building Codes staff shall concur with the issuance of a
                              grading permit;

                             If the buildings are not flood proofed, Engineering staff will submit the
                              applicant's request for a LOMR to FEMA; and

                             The LOMR must be approved by FEMA.

        7.      The applicant has applied for and received a “channel change permit” in
                accordance with applicable Statutes (KSA 24-126, and KAR 5-41, and any
                subsequent revisions), pursuant to rules and regulations of the Kansas Division of
                Water Resources. A copy of the application and the approved permit have been
                submitted to Engineering staff.

        8.      The plat and associated public improvement plans also indicate that the area just
                east of the proposed public street would require substantial fill and stabilization
                along the main channel of Mill Creek, possibly within the floodway. These
                grading activities may require the following Federal and State permits:

                              Either nationwide or specific permits from the Army Corps of Engineers
                               and the Environmental Protection Agency covered by Section 402
                               (Wetlands) and Section 404 (Waters of the United States) of the Clean
                               Water Act;

                              An Environmental Protection Agency National Pollutant Discharge
                               Elimination System Permit (NPDES) (Construction Activity Form 1) from
                               the Kansas Department of Health and Environment; and

                              A permit to place fill material in the floodplain and floodway from the
                               Kansas Board of Agriculture, Division of Water Resources.

                The applicant shall determine if any or all of these permits are needed and submit
                copies of the application to Engineering staff prior to the release of a building
                permit.

        9.      The intersection of Shawnee Mission Parkway and the proposed cul-de-sac was
                originally intended to serve only as a field entrance to the subject property. The
                applicant is requesting to replace the existing commercial driveway approach with
                a public street. Based on the traffic volume on Shawnee Mission Parkway, the
                recent street improvements required at the intersection with Martindale Road, and
                anticipated improvements at the intersections of Barker Road and Woodland
                Drive, Engineering staff has recommended that the developer be required to make
                the following improvements to Shawnee Mission Parkway:

                             An eastbound left-turn lane, 12 feet in width, and approximately 300 feet in
                              length, plus a 250-foot taper zone;
Shawnee Planning Commission                     -36-                                August 16, 1999

                       A westbound acceleration taper zone approximately 300 feet in length;

                      The median crossing shall be improved to standards similar to the
                       Martindale Road intersection;

                      The thickness of the street pavement shall be a minimum of 10 inches of
                       asphalt or 8 inches of concrete; and

                     Pavement markings, as specified by the Manual of Uniform Traffic Control
                      Devices (MUTCD), are required to identify the left-and right-turn lanes.

                The new street (Kansas Avenue) shall be designed and constructed in accordance
                with the minimum criteria for a commercial/ industrial collector street as set forth
                in the Shawnee Manual of Technical Specifications and Design Criteria.
                Specifically, the following improvements are required:

                     The width of the street right-of-way shall be sixty (60’) feet, and the cul-de-
                      sac radius shall also be sixty (60’) feet;

                     The street shall be thirty-six (36’) feet wide as measured from back-of-curb to
                      back-of-curb, except near the intersection of Shawnee Mission Parkway where
                      the street will be forty (40’) feet wide to provide for a southbound left-turn
                      lane about fifty-five (55’) feet long. The radius of the turnaround shall be
                      forty-eight (48’) feet measured from center to back-of-curb;

                     The centerline grades shall be a minimum of one (1%) percent and a
                      maximum of ten (10%) percent;

                     The street shall be designed for a minimum safe speed of 35 mph. Vertical
                      curves shall be designed for a minimum stopping sight distance of 250 feet (K
                      = 46.4 crest, K = 48.6 sag);

                     The centerline radii for all horizontal curves shall be a minimum of 275 feet;

                     The thickness of the street pavement shall be a minimum of 10 inches of
                      asphalt or 8 inches of concrete. Type "A" curbs are required on both sides of
                      the street;

                     The radii of the curb returns at the intersection shall be 50 feet; and

                     Pavement markings as specified by the MUTCD are required to identify the
                      left-turn lane.

                Under the provisions of the SMC 12.26 (Street Excise Tax), the cost of the
                temporary improvements, with the exception of pavement marking, would be
                eligible as a credit against the required excise tax for the proposed subdivision.
Shawnee Planning Commission                   -37-                              August 16, 1999

        10.     In addition to the required improvements on Shawnee Mission Parkway, the
                applicant has provided an access easement that will be dedicated to the Johnson
                County Parks and Recreation District for access to their tree farm. Mr. Maasen
                has reviewed the easement and is in agreement with its location and width. The
                applicant is also working with the Park District to give the District Tract “A”. If
                this is done, the access easement will not be needed since the tree farm would then
                have street frontage onto Kansas Avenue.

        11.     The subdivision is subject to the provisions of SMC 12.26 Street Excise Tax. The
                taxable area of the subdivision is 473,627.88 square feet. Payment of the tax in
                the approximate amount of $61,571.62, based on 13 cents per square foot of
                platted land, will be required prior to the plat being signed by the mayor.

                The cost of the improvements to Shawnee Mission Parkway, with the exception of
                pavement marking, would be eligible as a credit against the required excise tax for
                the proposed subdivision. To receive the credit, the applicant shall submit an
                itemized construction contract and an executed performance surety bond to be
                filed with the City of Shawnee for 100 percent of the cost of the proposed
                improvements, based on construction plans prepared by a Kansas licensed
                engineer and approved by the City Engineer. This shall be done prior to the plat
                being filed with the Johnson County Register of Deeds.

        12.     The proposed public drainage system shown on the preliminary plat is generally
                acceptable; however, Engineering staff will work with the applicant to resolve some
                minor design issues. The stormwater drainage system proposed for this development
                shall be designed in accordance with the criteria set forth in the Shawnee Manual of
                Technical Specifications and Design Criteria; the following public stormwater drainage
                improvements will be required:

                    An enclosed system is required to convey all stormwater runoff exceeding 8 c.f.s.
                     during a 10-year storm. Open channels are only permitted where the channelized
                     flow is less than 8 c.f.s. or cannot be contained by a 72-inch pipe. The important
                     issue for this development is the assurance that each lot will have direct access to a
                     public storm sewer. When developed, several of the larger lots will be required to
                     construct private storm sewers to comply with this regulation.

                    All portions of the stormwater drainage system required for this development must
                     be designed to convey the runoff from a 25-year storm, except the required overflow
                     swales.

                    Overflow swales are required over all storm sewers or such locations as
                     needed to convey the runoff from a 100-year storm. The minimum low open
                     on any structure beside such an overflow swale is required to be at least two
                     feet higher than the flood elevation of a 100-year storm.

                    Energy dissipating devices, such as staked-sod, geotextiles, riprap, etc., must
                     be provided according to APWA criteria.
Shawnee Planning Commission                  -38-                              August 16, 1999



                    All habitable structures must be built a minimum of 60 feet from the top of the
                     bank (boundary for a 25-year design storm) of any open (natural or improved)
                     channel having a design capacity of 8 c.f.s. or more.

                    If the stormwater runoff from adjoining properties is conveyed across the
                     subject site, then that portion of the drainage system must be designed and
                     built as a public improvement.

                    The discharge point for an enclosed system must be extended to a defined
                     open channel (whether natural or improved). Otherwise, an off-site drainage
                     easement must be provided between the property line of the subject site and
                     the nearest point of a natural open channel or existing improved open channel.
                     The receiving open channel must have the capacity to convey the runoff from
                     a 25-year storm without negatively impacting structures next to the open
                     channel. If the receiving channel does not have sufficient capacity, then it
                     must either be improved or enclosed.

                    Channelized flows and sheet flows collected from the impervious surfaces are
                     not allowed to flow out of a driveway approach nor allowed to flow onto
                     adjoining properties.

                    Drainage easements are required as specified by APWA. The width of an
                     easement for an enclosed system must be a minimum of 15 feet, but additional
                     width may be needed for larger pipes and overflow swales. The width of an
                     easement for an open channel (whether natural or improved) must be as wide
                     as the 25-year floodplain plus one foot of freeboard and include an additional
                     10 feet along both sides. The minimum width required for an open channel is
                     30 feet.

                    Drainage easements must be separate from utility easements. However, a
                     utility easement may cross a drainage easement if no telephone, electric and
                     cable service facilities (junction boxes or pedestals) are placed within the
                     drainage easement. A joint sanitary sewer and drainage easement is permitted
                     when the easement provides sufficient width for both facilities.

                    Storm sewer Line 1 is shown extending onto an adjoining property; therefore,
                     the applicant is responsible for submitting an off-site drainage easement prior
                     to the issuance of a Public Improvement Permit (Form "C").

                    Storm sewer Line 5 is identified as a private system; however, a private
                     system may cross a public street right-of-way. Therefore, this line needs to be
                     revised as follows:

                         a. Given the proposed street grading, the public portion of this line must
                            begin with a curb inlet on the west side of the street. The line will
                            cross the street to another curb inlet and then extend north to Clear
Shawnee Planning Commission                   -39-                                August 16, 1999

                              Creek. The proposed discharge point for this line as shown on the
                              preliminary plat is not acceptable.

                         b. Although storm sewer Line 6 will be private, it may be connected to
                            the required extension of Line 5.

                         c. The private portion of this line will end at the westerly curb inlet.

                         d. The proposed grading of Lot 2 needs to be revised so that runoff will
                            not drain onto Lot 1.

                    The conceptual drainage plan shows more than half of Lots 2, 3, and 4 will
                     drain west to an existing open channel within the railroad right-of-way.
                     Engineering staff is concerned that this ditch may not have sufficient capacity
                     to handle the stormwater runoff from these lots when developed. The
                     applicant is responsible for submitting hydrologic and hydraulic calculations
                     for the entire channel between Shawnee Mission Parkway and Clear Creek. If
                     the channel does not have sufficient capacity, then the applicant will be
                     responsible for either improving that channel with the railroad's approval or
                     revising the grading and drainage plan to drain these lots to the street.

        13.     The site is subject to the provisions of SMC Chapter 12.24, which pertains to the
                maintenance of on-site stormwater detention facilities. Stormwater runoff from
                the site flows directly into Mill Creek's 100-year floodplain; therefore, on-site
                detention facilities are not permitted. Instead of constructing an on-site facility,
                the developer is responsible for paying a stormwater detention fee of $5,000.00
                per impervious acre created by the project. The applicant will be responsible for
                calculating the square footage of impervious area created and submitting this
                figure to Engineering staff for approval. The required fee for Lot 1 needs to be
                paid prior to commencing construction work on any public improvements.

        14.     Individual preliminary street and stormwater drainage plan-profile sheets shall be
                submitted to Engineering staff for approval prior to making the recording copies
                of the final plat. The applicant shall also submit an overall conceptual street
                lighting plan at that time.

        15.     The applicant is responsible for submitting individual final sets of street,
                stormwater drainage and detention, and street lighting plans to Engineering Staff
                for approval prior to commencing construction of any public improvements. All
                public improvements shall be built in accordance with the requirements set forth
                in the Shawnee Manual of Technical Specifications and Design Criteria. The
                applicant shall obtain a Public Improvements Permit (Form C) prior to
                commencing any construction of any public improvements.

        16.     As a condition of approval of the site plan for the Attic, the applicant was required
                to submit revised building elevations with the final plat. The revised elevations
                show an improvement in appearance of the structure and quality of building
Shawnee Planning Commission                   -40-                                August 16, 1999

                materials. The office on the original elevations showed the south elevation
                (visible from Shawnee Mission Parkway) having an exterior treatment of a light
                tan colored stuccoflex and a large blue metal roof. The revised elevations show
                the office building having a tan brick with some architectural features and green
                trim. A green standing seam VSR metal roof is visible from the front elevation
                but its size has been drastically reduced, and it blends with the rest of the building.

                The south end of the storage units will be “Texture Cote” metal wall panels
                Adobe (light tan) in color that match the office building. These units also will
                have a green trim. A vinyl coated six (6’) foot chain-link fence will surround the
                project.

        17.     All utilities are required to be placed underground. A general utility easement, ten
                (10’) feet in width, is shown around the perimeter of Lot 1, in accordance with the
                requirements for perimeter utility easements (SMC 16.16.040).

        18.     Erosion control measures are required for all land disturbing activities. A rough
                grading and siltation control plan is required for this project and must include the
                following items:

                      Contours of the existing and proposed ground elevations at 2-foot intervals
                       and details of area drainage and terrain, including identification of areas with
                       gradients greater than 33 percent;

                      Typical cross-sections for drainage channels;

                      Grading within public rights-of-way;

                      Maximum depth of fill material below or within 15 feet of a proposed
                       building or structure; and

                      The proposed placement of erosion control measures, and standard details
                       for such measures.

        19.     Open space fees in the amount of $4,541.78, based on the applicable rate of 1.8
                cents per square foot of lot area, shall be paid prior to issuance of a building
                permit for Lot 1, as provided by SMC 12.14.

        20.     Hydrant locations and the water main extension shall be subject to approval by the
                Fire Chief and installed prior to issuance of a building permit.

        21.     A computation plat shall be provided showing the coordinates of all points, the
                bearings and lengths of all lines, and the individual area, in square feet, of all lots,
                open space tracts, and rights-of-way. Also shown on this plat shall be the
                centerline miles of all newly dedicated streets. The computation plat shall be
                submitted with the recording copies of the final plat.
Shawnee Planning Commission                  -41-                               August 16, 1999

        RECOMMENDATION

        Staff recommends approval of FP-51-99-8, final plat for the Attic Business Park, located
        at Kansas Avenue and Shawnee Mission Parkway, subject to the following conditions:

        1.      Recording of the final plat prior to issuance of any building permits;

        2.      Development of the subidivision shall be in compliance with all applicable
                Federal Emergency Management Agency (FEMA) and City regulations;

        3.      The applicant is responsible for determining the Clear Creek floodway and
                submitting that information to Engineering staff;

        4.      The applicant shall be responsible for determining if permits discussed in the staff
                report are needed and for obtaining any or all of them. If a permit is needed,
                copies of the application(s) and the approved permit(s) must be submitted to
                Engineering staff prior to the issuance of any grading permit;

        5.      The applicant shall improve Shawnee Mission Parkway as specified in the staff
                report;

        6.      Planning Commission concurrence to allow the cul-de-sac length to exceed 500
                feet, due to the physical constraints of the site;

        7.      Kansas Avenue shall be designed in accordance with the Shawnee Manual of
                Technical Specifications and Design Criteria to commercial/ industrial collector
                street standards, with the improvements as specified in the staff report.;

        8.      The applicant shall pay a street excise tax in accordance with the provisions of
                SMC Chapter 12.26 (Street Excise Tax) prior to filing the final plat of record;

        9.      The stormwater drainage system proposed for the development shall be designed
                in accordance with the Shawnee Manual of Technical Specifications and Design
                Criteria. The applicant shall submit revised grading and stormwater drainage
                plans to the Engineering Division addressing the items noted in the staff report;

        10.     The applicant shall pay a stormwater detention fee based on $5,000 per
                impervious acres created;

        11.     Individual preliminary street and stormwater drainage plan-profile sheets shall be
                submitted to Engineering staff for approval prior to making the recording copies
                of the final plat. The applicant shall also submit an overall conceptual street
                lighting plan at that time;

        12.     Individual final sets of street, stormwater drainage, and street lighting plans shall
                be submitted to the City Engineer for approval prior to construction. The
Shawnee Planning Commission                  -42-                               August 16, 1999

                applicant shall obtain a Public Improvement Permit (Form C) prior to
                commencing any public improvements;

        13.     Planning Commission concurrence on the revised elevations;

        14.     All disturbed areas in required front, side and rear yard areas shall be sodded in
                accordance with SMC 17.57.035;

        15.     All utilities are required to be placed underground;

        16.     Erosion control measures, as specified in the staff report, shall be undertaken and
                shall be indicated on the grading plans, to be approved by the Engineering
                Division. Erosion control measures shall be in place during all construction;

        17.     Open space fees in the amount of $ 4,539.82 shall be paid prior to issuance of a
                building permit for Lot 1;

        18.     The applicant is responsible for paying for City-installed street name signs;

        19.     All water main and fire hydrant locations shall be approved by the Fire Chief and
                installed prior to issuance of any building permits;

        20.     A computation plat shall be provided with the recording copies of the final plat;
                and

        21.     This item forwarded to the August 23, 1999, City Council meeting.

        QUESTIONS FROM COMMISSION

        Commissioner Sawyer asked if we would really see that much landscaping. Mr. Chaffee
        responded yes. Commissioner Sawyer asked if the applicant was going to stick to that
        plan. Mr. Chaffee responded yes, it depicts the trees that were located on the site.

        Chairman Mazza asked if the road, Kansas Avenue, lined up with any other city. Mr.
        Chaffee responded yes, it was on the grid pattern, adding that it lines up in Olathe, on the
        other side of the Court House. He added that the other choices were Pitt Street and Willie
        Street.

        PUBLIC DISCUSSION

        The applicant, Jerry Bichelmeyer, the developer of the project, stated that through the
        last several months, after the preliminary approval, they have worked with the Planning
        and Engineering departments to come up with a better plan. They have upgraded the
        elevations and come back with a plan they are very happy with, and hope they can make
        everything work.
Shawnee Planning Commission                  -43-                               August 16, 1999

        Commissioner Jenkins asked the applicant if he was filling in the 100-year floodplain.
        The applicant responded they are filling in part of it. Commissioner Jenkins asked to
        what elevation they were filling, if it would be right at the 100-year. The applicant
        responded that their building elevations will be two feet above the 100-year floodplain.
        He stated that on the preliminary plat, that the ground elevations will be at least two feet
        above the 100-year floodplain, and the buildings themselves will be 2-3 feet above it.
        Commissioner Jenkins noted that the grading plan calls for the ground level to be two feet
        above the 100-year floodplain. The applicant responded that was correct.

        Commissioner Pflumm asked what was slated to be around that complex. The applicant
        responded that this is at the end of the street that goes back onto the 30-acre site. There
        will be preliminary plans for about eight other lots, varying in size from 1 ½ acre to 3
        acres. As you go down and wind down the street, projected uses are for an industrial
        park, warehouse-type units.

        Chairman Mazza noted that, in itself, would have to approved by FEMA. The applicant
        responded yes, they have submitted for FEMA approval through FEMA and they also had
        to submit for a State approval, which they have received back. They are probably 4
        months into the 6-month process for the FEMA approval, subject to their approval.

        Commissioner Jenkins asked if they would be doing the Letter of Map Revision (LOMR).
        Mr. Chaffee responded yes, adding that the applicant has received their letter approval
        from Division of Water Resources for fill in the floodplain, which reviews the same basic
        information that has been forwarded onto FEMA for the change. He added that
        additionally, most of this site shows that it would have been removed from the floodplain
        given the current flood study at any point. The elevation that remains has no bearing on
        what Mr. Bichelmeyer is doing. It is actually raising it higher than what the elevation
        shows now. He will actually be more than the two feet out if the revised map is
        approved.

        Commissioner Jenkins commented that based on his experience with floodplains, that is
        good.

        Mr. Bichelmeyer commented that they wanted to address that and be able to sleep well at
        night when we get a 5-inch rain and not have to be concerned with that.

        Commissioner Jenkins commented it is amazing how many 500-year floods we get.

        Chairman Mazza commented that if this all goes step-by-step, the first step of getting
        approval to fill in, is west of the driveway, and then possibly to the east there would be
        another situation.

        The applicant responded that the FEMA process on this project is two-stage approval,
        where material from the east part of that will be used to build up the road and part of the
        Attic Storage facility, and then the second step is to come back in and fill in the east part
        of it.
Shawnee Planning Commission                   -44-                                 August 16, 1999

        Bob Jacobs, 7111 Warwick, had questions about this sort of thing. He said he has been
        out and looked at this area. He goes to every meeting that Shawnee has had for years, the
        Council meetings and the Planning Commission meetings, and the flood thing has gotten
        to be a big deal. We don’t hear much at the Planning Commission meetings, because
        people don’t come up and talk about it, but they talk at the Council meetings. He stated
        that Nigro's Western Store had come up at a Council meeting: a buy-out changed the
        creek around, do something with the road, Nigro's doesn’t want out but they have
        problems with it. And it is a million-dollar problem. Gladstone is a $1,200,000 problem.
        The Pile building is a couple-hundred-thousand dollar problem – for the City. They are
        going to have to pay their way out of it, some way or another. And the County pays it,
        paying 75%, but it doesn’t preclude the fact that, he thinks that oftentimes, public entities
        back themselves into a corner because they don’t fully understand the total area and the
        total flooding nature of this. He understands that this bridge cools this off and narrows
        the water; but also, Doug Wesselschmidt admitted that there is a low spot and the water
        will go over the road down by the little liquor store at times, which means that it is over
        the road and the bridge ceases to be a dam. He said that Larry Rieke filled that 124,000
        cubic yard with a demolition fill, went on over and built 10-20 homes on the other side of
        the creek on a fill at probably a 100-year-plus-two, and all these people are filing these
        maps and are playing these things, saying they will be within one foot of the rise for a
        certain range. His question was that were map revisions on both of Rieke’s fills
        considered with this permit, or is it all up in the air and then will all settle out one day.
        He said his main concern, as a taxpayer, was the future buy-outs we are going to have of
        those houses that Rieke built. If a lot of this goes, particularly the east fill is a big threat.
        As you put more dirt in, the water raises and doesn’t go anywhere. It goes to the east, and
        to the east are these homes that are built on a fill. They are right next to the trail. They
        narrowed it down a great deal. He has been out to look at it just out of curiosity because
        he comes to the Council meetings, and they don’t have any money to repair roads, little
        money to do the infrastructure in the City in revitalizing downtown, and this would put a
        tremendous bind on the CIP if we start having more buy-outs. He said the planning
        comes at this stage, not ten years from now when we say we wished we had done
        something else. It is those things we are talking about now. He wondered about the one-
        foot rise, what distance that would include in a thing of this nature. You are allowed a
        one-foot rise from the 100-year mark.

        Commissioner Jenkins responded you are allowed a one-foot increase as part of the
        encroachment analysis. A one-foot increase would mean that at any given cross section
        on that water course, there would be no more than a one-foot increase in flood height as a
        result of this development. If you filled in the entire floodway fringe, according to
        computer modeling, there would be no more than a one-foot increase in any given cross
        section. So, every time you have one of these developments, you are taking some of that
        one foot, according to engineering analysis. You fill in the entire floodway fringe, which
        is the fillable area. He said that there is a floodway area, which is not fillable so nothing
        can go in there at all because it is required to be left open.

        Mr. Jacobs asked about the floodway fringe, which is fillable, if we are out of it on these
        deals. Commissioner Jenkins responded that the applicant is in the fringe area on this
        one. Mr. Chaffee verified that there is nothing in the floodway.
Shawnee Planning Commission                  -45-                                August 16, 1999



        Commissioner Jenkins commented that there is different zoning for each of those areas;
        floodway fringe you can fill; floodway you cannot fill. He said the only way to do that is
        to do some sort of engineering analysis and redo the channel or the watercourse and
        modify it completely and get that approved by the State and Federal authorities which is
        quite a bit of effort to do a floodway revision. He said that in this case, there has to be
        some kind of limit. A legal limit, nationally, is to allow a one-foot rise. Some states have
        adopted a 10-foot rise (Illinois), and even some that have adopted a no-increase criteria,
        but the state of Kansas, state of Missouri and this four-state area are all one-foot increase.
        He said that the applicant, in this case, is elevating on fill two feet above, and then will
        elevate the buildings another foot or two above that, which would put him about four feet
        above the base flood elevation. In addition to that, some of the comments made by Paul
        Chaffee indicated that new study material shows that the elevations are high as it is.
        Therefore, that leaves some additional freeboard there.

        Commissioner Jenkins stated that he didn’t favor floodplain development because he is a
        floodplain manager, and has been one for 23 years. He doesn’t like to see anything in the
        floodplain. But, getting into what is legal and not legal, and what people can do with
        their land, yes, it is an appropriate application for a permit at this point. The applicant
        meets all the criteria, and he has applied effectively through the State and has applied for
        his Letter of Map Revision. Technically, when the applicant gets his Letter of Map
        Revision, the property is not in the floodplain; it is legally removed at that point. There is
        no leverage on that property as far as any kind of guidelines and restrictions, because once
        it is out of the floodplain, it is no longer zoned floodplain.

        Mr. Jacobs stated that it would no longer affect the applicant, but it affects others in the
        area. Commissioner Jenkins responded that there will be some limited increase in flood
        heights, somewhere along the water course, if you go out and measure, there will be some
        perceptible increase.

        Mr. Jacobs asked how much Rieke’s houses could stand, and if they were two feet over.
        He said he was worried about going down there and buying a million or $500,000 worth
        of houses and in another ten years, being a taxpayer, and he is not going to be very happy
        about it.

        Commissioner Jenkins said that was a fair question, and that is why Shawnee has adopted
        a freeboard requirement because the law actually allows you to flood yourself one foot
        worse than you are from the starting point.

        Planning Director Paul Chaffee explained about Parkwoods, that in order to get the
        building permit, they are two feet above what the base flood elevation is in that area, even
        though they are no longer in the floodplain, we know what the base flood elevation is
        adjacent to it. They are at least two feet higher than the base flood elevation.

        Commissioner Jenkins added that in this community, the standard is actually above the
        Federal standard, which is at or above the floodplain. The recommended standard is at
        least one foot above, the community has adopted two feet above, so there is some
Shawnee Planning Commission                   -46-                                 August 16, 1999

        freeboard there. He added that he couldn’t say what they would be 50 or 100 years from
        now, as watercourses could change.

        Mr. Jacobs pointed out the road with an 8-foot fill and the road all to the west of the road
        will be filled. Then starting to the east, and he can’t understand how you can fill to that
        extent clear back to the highway, to the end of that property, and not cause more grief
        than produced revenue; but that is for the City to figure out. He didn’t see that could be a
        foot when you throw in Rieke’s two deals with 125,000 cubic yards and who knows how
        many for the houses, then this. He couldn’t visualize, as a human being, how this could
        work.

        Commissioner Jenkins stated that what they do on analysis is essentially, determine the
        limits at a 100-year floodplain. He gave the example of the Court Room, looking at the
        wall to the right, and the wall to the left, and say that is the 100-year floodplain. Then, as
        part of the analysis, they begin moving the walls in, taking out an equal conveyance
        capacity from either side; one side might be deeper than the other, so take out equal
        conveyance capacity from either side. Then assume these walls are starting to close in on
        us. When it gets to the point where the water in the middle rises a foot, they say stop it
        right there, and that part out there where the walls were that distance between where the
        walls were and where they are now is the “floodway fringe” and that is the part that can
        be filled, and that is the part that the applicant is filling. Based on the analysis, it says you
        can do that without getting more than a foot increase.

        Bob Jacobs said that his main concern is are all of these fills made in that one little area
        of record when Schlagel & Schmidt go in and say they are going to do this, do they know
        about all this other business that has been going on for the last couple of years. Is it a
        matter of record, or is the Government lagging.

        Commissioner Jenkins responded that it doesn’t matter, because once those walls finish
        moving, you draw the line right there; and everything that is on the non-floodway side can
        be filled. They could literally fill in the whole thing, according to the analysis, and it will
        only increase the whole flooding one foot. It retains enough carrying capacity in the
        channel itself, and the adjacent overbank areas, that you can pass the flow at no more than
        a one-foot increase. He said that the fact that they put in spotting developments, you are
        not even going to use the full foot, as opposed to filling it in bank-to-bank. He said there
        is some built-in leeway because it would be very unusual to see someone come out and
        spend that kind of money to fill in a whole floodway fringe for a mile reach of the river,
        so there will actually be less than a one-foot increase.

        Chairman Mazza commented that is why this approval is in stages, the west side then the
        east side.

        Mr. Jacobs commented that he thought the building was nice and it should be out there,
        but the only thing he would like to make sure of is that all the paperwork is taken care of.
        He said he was not doubting any engineers, but he has seen governmental agencies lag
        sometimes and things not get caught up with and then realizes it a couple of years later
        when it is all built.
Shawnee Planning Commission                  -47-                               August 16, 1999



        Commissioner Jenkins stated that we are in a fortunate situation here since the flood
        studies have been done prior to the development, which is nice. It helps having that
        information available. He said that everything is on the up-and-up according to the rules
        and regulations. He commented that being a floodplain manager, he doesn’t like to see
        anything built in the floodplain at all, but there is a situation where people own land and
        we need to allow some use of that land, and that is the allowable use.

        Mr. Jacobs stated that he understood that part. He just wanted to make sure that all of the
        history of this had been recorded somewhere, so nobody gets caught short.

        PLANNING COMMISSION DISCUSSION

        Commissioner Sawyer asked if they were redrawing the maps out there. Mr. Chaffee
        responded yes. Commissioner Sawyer continued that we are basing it on today and we
        don’t really know what the new maps are going to show. Mr. Chaffee responded that was
        correct. He added that the preliminary new maps indicate that all but the very eastern
        portion of this tract will be removed from the floodplain without any Letter of Map
        Revision. It also shows that the base flood elevations are at a lower level than they are
        now; so with the fill that is going on, it is actually being filled higher than what would be
        necessary on today’s maps.

        Commissioner Jenkins added that the applicant will have substantial freeboard.

        Mr. Chaffee added that if the base flood elevation today was 781, the newer maps show it
        around 779; so with the fill of the applicant, we will actually gain two additional feet
        when the maps change.

        Commissioner Jenkins asked how maps we were talking about. Mr. Chaffee responded
        that they are Black & Veatch preliminary studies provided to the City for review, stating
        they are in an approved stage. Commissioner Jenkins commented that was good if they
        were in the approved stage.

        PLANNING COMMISSION ACTION

        Commissioner O’Connor, seconded by Commissioner Bedora, moved for approval of FP-
        51-99-8, for Attic Business Park, subject to staff recommendations. Motion was carried
        8-0.


Item No. 9

        Z-14-99-8; SP-43-99-8; PrePlat-50-99-8: consider request to rezone from AG
        (Agricultural) to CH (Commercial Highway), site plan approval, and the preliminary plat
        for SHAWNEE STATION WEST, for a commercial center at the northwest corner of
        Shawnee Mission Parkway and Maurer Road. Request submitted by Peridian Group for
        AIG Baker.
Shawnee Planning Commission                 -48-                               August 16, 1999



        EXPLANATION OF ITEM

        Planning Director Paul Chaffee explained that the applicant requests approval of rezoning
        from AG (Agricultural) to CH (Commercial Highway), approval of a preliminary plat
        (which includes a revision of previously submitted PrePlat-24-99-4), and site plan
        approval for Shawnee Station West located at the northwest corner of Maurer Road and
        Shawnee Mission Parkway. The application is filed by the Peridian Group for AIG
        Baker.

        REZONING FACTORS

        1.      The applicant requests rezoning of a 16.343 acre tract of land generally located on
                both the north and south sides of West 65th Street in the 16200 and 16300 blocks.
                The property is currently developed with three single family residential homes on
                large unplatted lots which will be removed with the accompanying redevelopment
                proposal. The property appears to be relatively flat; however, it slopes toward the
                center of the site where a small creek exists. 65th Street, which currently bisects
                the site, will be relocated to the south as indicated on the site plan for Shawnee
                Station West, and becomes a restricted access frontage road immediately north of
                Shawnee Mission Parkway.

                The remaining 41.8 acres which is the subject of the requested preliminary plat
                and site plan is composed of eleven tracts, which are currently developed with a
                variety of uses including the former Greenwood School, the former Greenwood
                Baptist church site, and nine large residential lots, which was rezoned to CH in
                May 1999. The property is located west of Maurer Road, and extends
                approximately one-quarter mile north from the north right-of-way line of Shawnee
                Mission Parkway, including all of Greenwood Farms, a single family residential
                subdivision. The subject tract is characterized by rolling terrain, with the high
                point located near the southeast corner of the tract. The tract has moderately steep
                (10-12 percent) slopes which fall to the north and west, with the resulting ground
                elevation on the north end of the tract being approximately 30 to 35 feet lower
                than the ground elevation on the south. A large (160 feet) wide Kansas City
                Power and Light easement is along the northern portion of the property.

        2.      Surrounding land uses include the right-of-way for Shawnee Mission Parkway
                immediately to the south. To the east of the site is property contained in the
                previously submitted Shawnee Station West plan for a Wal-Mart Store and pad
                sites that is zoned CH. Further east across Maurer Road is the Shawnee Station
                Shopping Center, a commercial development on 65 acres that is zoned CH. To
                the west is a large tract of land developed with a single family home, north of 65th
                Street; and to the south is a single family home with associated outbuildings used
                to raise animals. Both properties are owned by the same individual and are zoned
                AG. To the north of the site to be rezoned is land owned by the developer which
                will be partially developed for stormwater detention purposes for this
Shawnee Planning Commission                  -49-                               August 16, 1999

                development, and will remain zoned AG. Further to the north is undeveloped
                range land that is zoned AG.

                The three existing single family residential homes located in the area to be
                rezoned will be removed for construction of this commercial development.
                Additionally, the Greenwood School to the east of this site, and nine single family
                homes along 65th Street and Maurer Road will also be moved for this
                development.      The Greenwood Baptist Church, which had been located
                immediately east of the rezoning request south of 65th Street, has been removed
                from the site.

        3.      The Land Use Guide of the Comprehensive Plan anticipates development of
                commercial uses at the southwest corner of the existing 65th Street and Maurer
                Road, with high density residential shown to the north of 65th Street, and office
                use shown in the area to the west, toward Renner Road and the Shawnee Mission
                Parkway/I-435 interchange. The request is generally in compliance with the Plan;
                however, this proposal represents a considerable northern and western expansion
                of the commercial area shown on the Land Use Guide, which will reduce the area
                which might be available in the future for office development around the
                interchange and high density residential development to the north of the existing
                65th Street. Staff has concerns regarding any future reduction of the office
                designation further west on the site, as office development will be essential to the
                overall development of the City, and provision of a daytime population to
                purchase goods and services in the commercial area.

        4.      The applicant is proposing to provide primary access to the site by way of Maurer
                Road on the east, and the existing 65th Street from the west. Maurer Road is
                identified in the Circulation Element of the Comprehensive Plan as a major
                collector. The street has previously been improved to a four-lane asphalt collector
                road from just south of Shawnee Mission Parkway to 65th Street.

                The accompanying preliminary plat will vacate the existing 65th Street right-of-
                way, and move the road to the south paralleling Shawnee Mission Parkway, with
                no access provided to Shawnee Mission Parkway. The street shall be improved to
                minor collector standards. The realignment of 65th Street will, for now, break the
                continuity of this street. However, it is the City’s long range expectation that 65th
                Street west of the development will be relocated to the south adjacent to Shawnee
                Mission Parkway (through the Deffenbaugh property) and then curve to the
                northwest to intersect with Renner Road at its current location.

        5.      Development of a retail project of the scale and intensity that is being proposed
                will have a significant impact on the character and appearance of the area, as did
                the first Shawnee Station project immediately to the east of this site. With
                appropriate site and building design, buffering, and traffic controls, the proposed
                development should not have a detrimental effect on surrounding properties. The
                property to the west, where the existing single family residence will remain, will
                be the most impacted. The developer has worked with the property owner to
Shawnee Planning Commission                  -50-                               August 16, 1999

                mitigate negative impacts as much as possible through the use of berming and
                intensive landscaping. Furthermore, it is expected that eventually these parcels
                will be developed in an office manner.

         6.     The requested CH zoning would allow development of a variety of intensive
                commercial uses, including convenience stores with gasoline sales, fast food
                restaurants, etc. on the subject property. The applicant has submitted a site plan
                and preliminary plat which are also being reviewed with this application which
                indicate development of a 208,911 square foot Wal-Mart Super Center, a 136,197
                square foot Lowe’s Home Improvement Center, an undeveloped lot to the west of
                Lowe’s and five pad sites on the subject tract. As noted in further detail below,
                staff concurs with rezoning the subject site because it is in general conformance
                with the Land Use Guide of the Comprehensive Plan.

                PRELIMINARY PLAT AND SITE PLAN REVIEW

        1.      The applicant requests preliminary plat and site plan approval for an eight (8) lot
                and three (3) tract commercial development on 58.219 acres. Of the 58.219 acres,
                the southern 45.636 acres will be developed for large scale commercial uses. The
                lot sizes range from 19.870 acres (lot for Wal-Mart) to a .0788 acre pad site (with
                no known user), exceeding the minimum lot size requirements of 10,000 square
                feet for the CH zoning district. All lots have at least one hundred (100’) feet of
                street frontage, meeting the minimum lot width in the CH zoning district.

                In addition, three tracts are proposed on the northern 12.583 acres. Tract “A”
                will be used for stormwater detention for the Wal-Mart site and Tract “B” will be
                used for a stormwater detention facility for Lowe’s. Tract “C” will be
                undeveloped at this time.

                The applicant is dedicating thirty-five (35’) of right-of-way for the continuation of
                63rd Street on the northern portion of Tract “C”. 63rd Street is designated a major
                collector by the Circulation Comprehensive Plan, and thirty-five (35’) feet of
                right-of-way is the minimum amount needed for a major collector. Along the
                Kansas City Power and Light easement, the developer is proposing a twenty (20’)
                foot wide hike and bike easement. The developer will not be responsible for
                construction of the trail.

                The developer has worked diligently with staff over the past several months to
                present a preliminary plat and site plan that is complete and addresses all issues
                and concerns of the City staff. To that end, this proposal is significant
                improvement over the preliminary plat, PrePlat–4-99-4, and site plan SP-15-99-4,
                for Wal-Mart that the Planning Commission considered at their April 19, 1999,
                meeting.

        2.      All bulk requirements have been met. Building setbacks of 30 feet are shown
                along all street frontages. The rear and side yards of buildings meet bulk
                requirements for the CH zoning district. Wal-Mart is setback a minimum of
Shawnee Planning Commission                   -51-                                August 16, 1999

                seventy-seven feet (77’) from its side lot lines and sixty-six feet (66’) from the
                rear lot line. Lowe’s is setback at least 83.5 feet from all property lines. Parking
                lots are set back twenty (20’) feet from all street rights-of-way.

        3.      The site is bordered by three major roads (Shawnee Mission Parkway, Maurer
                Road, and 63rd Street) and bisected by a fourth (65th Street). The applicant has
                submitted a revised traffic study for the project. The study concludes that there
                will be a significant amount of traffic generated by the proposed project, and in
                order to accommodate the increased traffic, the following improvements will be
                required as a result of the proposed development:

                      Installation of a traffic signal at the main entrance of the shopping center, at
                       Maurer Road and 65th Street. Construction of the signal will be required in
                       conjunction with the proposed project due to the size of the major land uses;

                      Provide an interconnect between the new signal at 65th Street and Maurer
                       Road, and the existing signal on Maurer Road at the north ramp for Shawnee
                       Mission Parkway. A conduit for an interconnect for a future signal at the
                       south ramp shall also be provided;

                      Improve the intersection geometry at 65th Street for two north-bound left
                       turn lanes, east-bound left-turn, through and right turn lanes, lane alignment
                       and widening for south-bound lanes. A transition will be required on the
                       north leg of the intersection of Maurer Road and 65th Street;

                      Conduct future analysis of the need for a traffic signal at the south Shawnee
                       Mission Parkway Ramp on Maurer Road.

                AIG Baker shall have a traffic signal warrant analysis conducted at the south
                Shawnee Mission Parkway Ramp on Maurer Road following the first six months
                of Wal-Mart’s operation. If a signal is warranted at that time, the traffic signal
                shall be installed at that time.

                The traffic study concluded that no improvement would be necessary on the
                section of 65th Street west of the proposed development.

                At this time, the Engineering Division does not recommend allowing the proposed
                approach onto Maurer Road from Lots 1 and 2, Block 2, even if it is restricted to
                right-in and right-out turns only. Engineering staff believes that the approach is
                too close to the two signalized intersections. However, this proposal can be
                considered again when site plans are submitted for approval of the uses for these
                lots. If allowed, then the internal circulation on these lots will need to be designed
                to discourage motorists from cutting across this site to avoid the traffic signal.

        4.      The applicant is responsible for constructing the street improvements identified in
                the traffic study for Maurer Road along the entire frontage of the project. In
                addition, Maurer Road should be improved as follows:
Shawnee Planning Commission                   -52-                               August 16, 1999



                    The street will be a minimum of 40 feet wide measured from back-of-curb to
                     back-of-curb. All traffic lanes will be 12 feet wide. The transition between
                     different pavement widths will maintain 12:1 tapers.

                    The traffic study indicates Maurer Road will need a minimum of four through
                     lanes between Shawnee Mission Parkway and Johnson Drive when the area is
                     built out, which means the street should be functionally classified as a minor
                     arterial instead of its current designation as a major collector. The street
                     segment between 65th Street and the North Ramps is currently improved with
                     a northbound left-turn lane, a northbound through lane, and two southbound
                     through lanes, and the study states that this project will require an additional
                     northbound left-turn lane. Therefore, the applicant is responsible for widening
                     the west side of the street to provide the additional turn lane while maintaining
                     two southbound through lanes. The alignment will allow the City to widen the
                     east side later to provide the additional northbound through lane.

                    The street segment north of 65th Street is partially improved with a northbound
                     through lane, a southbound through lane, and a southbound left-turn lane. The
                     traffic study states that this project will require widening for the southbound
                     lanes, alignment of the left-turn lanes, and transition of the pavement.
                     Therefore, the applicant is responsible for providing the southbound through
                     lane and half the width of a two-way left-turn lane, except at the intersection
                     where two through lanes will be provided for a distance of 200 feet. If these
                     improvements are not constructed concurrent with the improvements required
                     for Shawnee Station Apartments and St. Luke’s Medical Center, then the
                     applicant will also be responsible for widening the east side of the street to
                     provide the pavement for a northbound through lane and a southbound left-
                     turn lane.

                    North of the project frontage, the applicant is responsible for providing such
                     temporary improvements as may be required to transition between the new
                     and existing street pavements.

                    A street will be designed for a minimum safe speed of 35 mph. Vertical
                     curves will be designed for a minimum stopping sight distance of 250 feet
                     (K=46.4, crest; K=48.6, sag). The street will be graded to its final vertical
                     profile along the project frontage. North of the project, the street will be
                     graded to a temporary vertical profile as may be required to transition between
                     the new and existing street pavements while still providing a safe stopping
                     sight distance.

                    Although the street right-of-way will be a minimum of 50 feet wide, as
                     measured from the centerline, a sufficient width will be required to provide a
                     distance of at least 10 feet behind the curb.
Shawnee Planning Commission                   -53-                                August 16, 1999


                    The centerline grades will be a minimum of 1 percent and a maximum of 10
                     percent.

                    The street pavement will be a minimum thickness of either 9 inches of asphalt
                     or 7 inches of concrete. Type “A” curbs are required.

                    The radii of the curb returns at an intersection will be 30 feet. The radii at the
                     right-of-way line will be 15.5 feet to provide a uniform "parking strip" of 14.5
                     feet between the right-of-way line and the back-of-curb.

                    The right-of-way behind the curb will be graded to a typical cross-section
                     having a gradient of ¼-inch to ½-inch per foot. The side slope of a street next
                     to an adjoining property will be graded to no steeper than a 4:1 ratio.

                    Contrary to what Engineering staff previously stated, a sidewalk is not
                     required on the west side of the street.

                    Pavement markings will be provided as specified by the Manual of Uniform
                     Traffic Control Devices (MUTCD).

        5.      65th Street shall be improved to minor collector standards as specified in the
                Shawnee Manual of Technical Specifications and Design Criteria. The applicant
                proposes to realign 65th Street around the south side of the project. The
                conceptual design has the street eventually extending to Renner Road along this
                southern alignment if and when the Deffenbaugh property is developed. Until
                then, the new street will extend north along the west line of the Deffenbaugh
                property to the existing street. Although the portion of the street between Lot 4,
                Block 1, and the west line of the project is viewed as a temporary alignment, the
                applicant is responsible for providing full street improvements for the entire street
                because of the uncertainty of when or if the Deffenbaugh property might be
                developed. The street will be improved to minor collector standards as follows:

                    The street will be mostly 31 feet wide measured from back-of-curb to back-of-
                     curb. All traffic lanes will be a minimum of 12 feet wide. The transition
                     between different pavement widths will maintain 12:1 tapers.

                    The traffic study states that this project will require eastbound left-turn,
                     through and right-turn lanes at the Maurer Road intersection. Two westbound
                     through lanes are required in conjunction with the two northbound left-turn
                     lanes. These two lanes must extend west at least to the first entrance and
                     include a short merge zone on the west side of the entrance.

                    West of the project frontage, the applicant is responsible for providing such
                     temporary improvements as may be required to transition between the new
                     and existing street pavements.
Shawnee Planning Commission                   -54-                                August 16, 1999


                    A street will be designed for a minimum safe speed of 30 mph. Vertical
                     curves will be designed for a minimum stopping sight distance of 200 feet
                     (K=28.8, crest; K=35.3, sag). The street will be graded to its final vertical
                     profile along the project frontage. West of the project, the street will be
                     graded to a temporary vertical profile as may be required to transition between
                     the new and existing street pavements while still providing a safe stopping
                     sight distance.

                    All, but one, of the horizontal curves will have radii less than the required
                     minimum of 275 feet. The easternmost curve will have a centerline radius of
                     150 feet, which should not pose a problem for motorists because of its
                     nearness to the Maurer Road intersection. However, the applicant needs to
                     increase the centerline radius of the next curve to the west from 225 feet at
                     least to the required minimum, which will not greatly effect either Lot 6,
                     Block 1, or Lot 2, Block 2. The two westerly curves are acceptable to
                     Engineering staff because they are part of the temporary alignment, although
                     they will require reduced speed limit advisory signs.

                    Although the street right-of-way will be a minimum of 60 feet wide, a
                     sufficient width will be required to provide a distance of at least 10 feet behind
                     the curb. A small portion of the proposed right-of-way will overlap the
                     existing right-of-way for Shawnee Mission Parkway, which should not pose
                     any problems. The existing right-of-way north of the Deffenbaugh property is
                     shown to be 60 feet wide; however, the AIMS map shows the south side as
                     only 25 feet wide. If correct, the right-of-way needs to be extended an
                     additional five (5’) feet to the north and the street realigned accordingly.

                    The centerline grades will be a minimum of one (1%) percent and a maximum
                     of ten (10%) percent.

                    The street pavement will be a minimum thickness of either nine (9”) inches of
                     asphalt or seven (7”) inches of concrete. Type “A”curbs are required on both
                     sides of the street.

                    The radii of the curb returns at an intersection will be 30 feet. The radii at the
                     right-of-way line will be 15.5 feet to provide a uniform "parking strip" of 14.5
                     feet between the right-of-way line and the back-of-curb.
.
                    A tangent segment having a minimum centerline length of 100 feet will be
                     provided between reverse curves. A tangent segment will be provided at all
                     street intersections from the beginning of the curb returns to the centerline of
                     the intersecting street.

                    The right-of-way behind the curb will be graded to a typical cross-section
                     having a gradient of ¼-inch to ½-inch per foot. The side slope of a street next
                     to an adjoining property will be graded to no steeper than a 4:1 ratio.
                     Engineering staff will work with the applicant to resolve some concerns about
Shawnee Planning Commission                  -55-                                August 16, 1999

                     the proposed placement of a retaining wall within the right-of-way next to the
                     east line of the Deffenbaugh property.

                    A sidewalk will be required on the “north” side of the street, placed one (1’)
                     foot inside the right-of-way, with sidewalk ramps installed to ADA standards
                     at the intersections.

                    Pavement markings will be provided as specified by the Manual of Uniform
                     Traffic Control Devices (MUTCD). 65th Street shall be improved to minor
                     collector standards as specified in the Shawnee Manual of Technical
                     Specifications and Design Criteria.

        6.      Access control is indicated all along Maurer Road except for space provided for
                65th Street and two possible entrances. The northerly entrance will serve as a
                service drive for deliveries to the site. A second entrance, limited to a right-
                in/right-out, may be allowed on Maurer Road near the Shawnee Mission Parkway
                access ramps. The Engineering Division will review the acceptability of this
                entrance at the time the site plan for the first building constructed on Lot 1 or Lot
                2, Block 2, is submitted for approval. This item is discussed further in the staff
                report.

        7.      Streetlights will be required at 200-foot intervals on the “north” side of 65th Street
                and on the west side of Maurer Road. The public street lighting system required
                for this development will be designed according to the criteria in Policy Statement
                PS-18 and the standards in the Shawnee Manual of Technical specifications and
                Design Criteria. The applicant is responsible for submitting an overall conceptual
                street lighting plan to Engineering staff for review and approval prior to making
                recording copies of the final plat.

        8.      The subdivision is subject to the provisions of SMC 12.26 Street Excise Tax. The
                taxable area of the subdivision is 2,454,112.84 (area of the subdivision minus area
                of Maurer Road and 63rd Street right-of-way). Payment of the tax in the amount
                of $319,034.67, based on 13 cents per square foot of platted land, will be required
                prior to the plat being signed by the mayor.

                The applicant may receive a credit against the excise tax for the cost of
                improvements to Maurer Road since it is designated as a major street. To receive
                the credit, the applicant shall submit an itemized construction contract and an
                executed, performance surety bond to be filed with the City of Shawnee for 100
                percent of the cost of the proposed improvements, based on construction plans
                prepared by a Kansas licensed engineer and approved by the City Engineer.

        9.      Keystone walls will be constructed as retaining walls behind the Wal-Mart store,
                along the north side of the 65th Street curve at the eastern end of the site, and
                adjacent to the east side of the Deffenbaugh property, as well as in front of the
                Lowe’s building adjacent to 65th Street.
Shawnee Planning Commission                 -56-                               August 16, 1999

        10.     City staff and the applicant have held numerous discussions regarding
                architectural design and building materials proposed to be used on the buildings.
                Staff has indicated a desire to provide aesthetically pleasing buildings using
                natural material, rather than providing color through paint. Specifically, staff has
                recommended the use of colored concrete masonry units (CMUs), rather than
                painted CMUs as used on Shawnee Station to the east. Staff feels the use of this
                product provides a more finished and richer aesthetic appearance. Staff
                understands the developer’s desire to use paint to assist in the control of spalling
                on the CMUs. However, staff notes that in our discussions with architects, the
                pretinted CMUs can avoid, to a large degree, problems associated with
                efflorescence given that the mortar is properly mixed, applied, and a clear sealant
                is placed on the block. Staff notes that Wal-Mart, as well as Lowe’s, have
                constructed stores that use materials other than painted CMUs.

                Architecture of big box stores has been an issue of debate throughout the country.
                Generally, little architectural detail is provided. The applicant has taken some
                opportunity to provide some detail on the Wal-Mart building usually not provided,
                and the Lowe’s building provides a greater level of detail using various materials.

                No elevations have been submitted for the pad site buildings. The applicant has
                agreed to place restrictions on the type of building materials to be used on these
                buildings since they are smaller and nearer to Shawnee Mission Parkway. The
                developer will agree to require the use of brick, pretinted CMUs, and Dry-vit in
                tones to match the Wal-Mart and Lowe’s buildings. Staff recommends that the
                Planning Commission include the use of these materials on the out parcel (and
                pad sites) in the conditions of approval. The applicant shall file deed restrictions
                with the final plat for review and approval.

                The elevations for a one-story 208,911 square foot Wal-Mart Superstore include
                the use of rough faced CMU units, smooth faced CMU units and Dry-Vit, with
                accent being provided with translucent wall panels and metal awnings. Super
                centers include a retail center, grocery and a light automotive center providing
                tires, oil changes, batteries, and other associated auto maintenance features.

                On all elevations, the rough faced CMU material is the primary building material,
                with a smooth faced CMU used as an accent band. All elevations are proposed to
                be painted. The lower half of the building will be painted a dark beige color
                (Sonora Beige). A royal blue accent band is provided at what is generally the
                midpoint of the building. The upper portion of the building will be painted light
                beige (Desert Beige). The colors selected for use are a departure from those
                traditionally used on painted Wal-Mart stores.

                The north (rear) and west elevations are relatively flat. The applicant has moved
                the delivery doors and loading docks to a westerly elevation, rather than facing
                Maurer Road as originally proposed. The south (front) elevation features several
                “bump-outs” to provide variety in the elevation. Blue metal canopies, using 24
                gauge material with concealed fasteners, flank the entry doors above a wall of
Shawnee Planning Commission                 -57-                               August 16, 1999

                windows. The entry areas feature a peaked roof, with Desert Beige EIFS material
                above the doors. Translucent glass panels are used to provide an additional visual
                effect. The center of the elevation features an additional “bump-out” that features
                the Wal-Mart sign behind a blue field. The upper portion of this feature is a
                scored Dry-vit also light beige in color.

                The front elevation and a portion of the east elevation contain a garden center.
                The garden center will be enclosed with a black wrought iron fence. All garden
                center materials and merchandise shall be located within the garden center and not
                stored in portions of the parking lot or green spaces.

                The east elevation provides variety in the elevation not readily visible from the
                colored drawings. A portion of the building extends toward Maurer Road both at
                the garden center and at the middle of the elevation. The area at the middle of this
                wall will be the location of the auto center. The center will contain eight overhead
                doors, four on each side painted to match the building. Two bays will be drive-
                thru, therefore, six cars may be in the center at a time. The overhead doors are
                screened from view on the south by the building, and are partially screened by the
                building from the north.

                Staff has requested that additional architectural features be placed on the east
                elevation similar to the raised rooflines on the front. This elevation has frontage
                on Maurer Road, and should be more architecturally pleasing. Architectural
                elements were required to be added to the Target store across the street, even
                though the building was not directly adjacent to Maurer Road. The applicant feels
                the variety in the elevation along Maurer Road is acceptable and desires to discuss
                with the Planning Commission the provision of architectural features as requested
                by staff.

                The Lowe’s building contains a 136,197 square foot home improvement center.
                Similar to Wal-Mart, an enclosed garden center will be provided. The Lowe’s
                building uses a variety of materials on the front elevation to provide some visual
                interest. The basic design of the Lowe’s building is similar to Wal-Mart. The
                upper and lower portions of the building feature a single scored split faced CMU
                unit painted dark beige. A blue band using the single scored smooth faced CMU
                is provided at the midpoint of the building height. Providing a contrast from the
                Wal-Mart building, rough textured CMU units above and below the accent band
                will be painted light beige. The east elevation is primarily hidden by the garden
                center. The perimeter of the garden center (which also is along a portion of the
                front elevation) is fenced with wrought iron fencing, backed with a black mesh
                chain link fencing. The overhead doors for deliveries are also on the east
                elevation, painted to match the building. The northern elevation contains a screen
                wall for the loading docks, as well as a staging area for lumber and other projects
                enclosed by a chain link fence backed by the fencing fabric. The west elevation
                contains a portion of the staging area at the rear.
Shawnee Planning Commission                 -58-                               August 16, 1999

                The south elevation of Lowe’s provides variety. The store entry is extended from
                the building and features light beige and dark beige scored Dry-vit. Blue metal
                awnings are provided at the entrance, as well as over a drive-thru pick-up area.
                Two raised roof lines are shown which give relief along the 475-foot-long
                elevation. The entry feature also contains signage for the building placed on a
                blue field. Red trim is provided around the blue field. The eastern portion of this
                elevation features the garden center. A series of store windows with a peaked
                effect is provided, as well as peaked areas from the garden center canopy. The
                garden center canopy will be a mesh fabric either black or dark green in color.

        11.     Mechanical equipment on the Wal-Mart and Lowe’s stores will be rooftop
                mounted and hidden by raised parapets. The method of screening such units on
                the out parcels and pad sites will be addressed with each building when submitted
                for site plan approval.

        12.     Dumpsters will be screened by screen walls constructed by the building materials.
                Any trash compactors shall be similarly screened.

        13.     The applicant is providing ample parking for the overall development. For Lot 1,
                Block 1 (Lowe’s), the applicant is providing 698 parking stalls, 153 stalls more
                than required by the City’s parking regulations. Lot 2, Block 1 (Wal-Mart), has
                1036 parking stalls, 200 more than required. The parking proposed for all three
                pad sites (“A”, “B”, and “C”) meets City regulations. The City ordinances state
                there must be twenty (20) handicapped stalls for the first one thousand (1000)
                parking spaces and one spot for each one hundred (100) after that. Hence twenty-
                eight (28) parking stalls are required and twenty-eight (28) are provided.

                The parking requirements for Lots 1 and 2, Block 2, will be determined when a
                site plan is submitted for those sites. The applicant, as requested, has improved
                the previous layout of the parking lot by providing direct access through the
                parking lot between the outparcels and the Wal-Mart and Lowe’s buildings.
                Additionally, the parking lot is fairly well landscaped.

        14.     The property is adjacent to land developed for residential purposes. Therefore, no
                trash pickups or street sweeping shall be conducted on the site between the hours
                of 10:00 P.M. and 7:00 A.M. Additionally deliveries shall be discouraged during
                those hours to eliminate the potential for a nuisance. In the event deliveries begin
                to occur during these hours, the Planning Commission may consider placing
                additional restrictions on the time deliveries will be allowed.

        15.     The proposed commercial driveway approaches shall be designed and constructed
                in accordance with Standard Details 21-10 and 21-11, Shawnee Manual of
                Technical Specifications and Design Criteria. The applicant shall obtain a Public
                Improvement Permit (Form C) prior to the issuance of any building permit or
                commencing any construction.
Shawnee Planning Commission                  -59-                               August 16, 1999

                An undivided approach will be a minimum of 25 feet wide and a maximum of 31
                feet wide, measured from back-of-curb to back-of-curb. A divided approach may
                have a maximum width of 53 feet, measured from back-of-curb to back-of-curb.
                The median for a divided approach will be a minimum of 4 feet wide, measured
                from back-of-curb to back-of-curb.

                The total width of all approaches will not exceed 20 percent of the street frontage.

                Curb returns will have a minimum radius of 15 feet and a maximum radius of 25
                feet.

                No portion of an approach will extend across the prolongation of a side lot line.

                An approach will have a minimum separation of 125 feet from a street
                intersection, measured from back-of-curb to back-of-curb. An approach will have
                a minimum separation of 90 feet, measured from centerline to centerline, from
                another approach on the same property.
                Shallow gutter-flow collected in a public street is not allowed to drain onto
                adjoining properties. An approach will have a slope of ¼-inch to ½-inch per foot
                toward the street. Beyond the right-of-way, the centerline gradient of the
                driveway should not exceed a slope of plus or minus 8 percent.

                Depressions for sidewalk ramps will be installed only at those locations where a
                sidewalk will be placed.

                At this time, Engineering staff does not recommend allowing the proposed
                approach onto Maurer Road from Lots 1 and 2, Block 2, even if it is restricted to
                right-in and right-out turns only. Engineering staff believes that the approach is
                too close to the two signalized intersections. However, this proposal can be
                considered again when the site plans are submitted for approval of specific uses of
                these lots. If allowed, then the internal circulation on these lots will need to be
                designed to discourage motorists from cutting across the site to avoid the traffic
                signal.

                A standard detail of each type of driveway approach must be shown on the site
                development plans submitted for a building permit. Standard details of each type
                of curb section, sidewalk, and sidewalk ramps to be used must also be shown.

                Submitted plans indicate the use of heavy-duty pavement in the principal
                circulation areas and drive aisles within the parking lot. The parking lot shall be
                designed and built in accordance with the Shawnee Manual of Technical
                Specifications and Design Criteria, and shall be constructed prior to issuance of
                an occupancy permit.

        16.     Parking lot lighting is indicated throughout the site. The height of the standards in
                front of the Wal-Mart and Lowe’s buildings are indicated at twenty-eight (28’)
                feet, which is allowed since they do not extend above the parapet of the buildings.
Shawnee Planning Commission                  -60-                                August 16, 1999

                All other lights will be no greater in height than twenty-four (24’) feet in height.
                The lighting fixture to be used is a shoe box style with an internal cut-off feature
                designed to control spillover. However, the fixture has a drop-down lens which
                creates the potential for glare. The applicant has indicated that a flat lens fixture
                using the same fixture can be used. Staff recommends the flat fixture be used to
                further reduce the opportunity for excess glare being generated at the site. Wall
                pack lights will be placed on the rear of the Lowe’s and Wal-Mart buildings, with
                sconces that will project light downward rather than upward or outward.

        17.     The applicant has indicated two monument signs will be placed on the property.
                One monument sign will be placed at the southwest corner of Lot 2, Block 2, and
                the other along Shawnee Mission Parkway at the southwest corner of Lot 4, Block
                1. Individual pad sites and out parcels will not have separate monument signs, as
                covered by the sign ordinance. Wall signage has been indicated for Wal-Mart and
                Lowe’s. All verbiage appears to meet code requirements. All signage on the site
                shall meet sign code requirements and sign permits shall be obtained for all
                signage prior to its installation. The applicant has indicated the color of the signs
                for both Wal-Mart and Lowe’s will be white in color. An accent color of yellow
                will be used by Wal-Mart. The applicant has submitted a unified sign scheme
                stating that all pad sites shall have white channel lettering with blue and/or yellow
                highlights.

        18.     A landscaping plan has been submitted as required. The applicant has provided
                110 street trees, in excess of the 91 required, and 377 site trees in excess of that
                required. Additionally, the parking areas provide trees and other landscaping
                consisting of 8.4% of the parking lot area exceeding the 6%as required by
                ordinance. Additionally, approximately 550 shrubs and bushes will be planted on
                site. Street trees are primarily Ashes and Maples, and parking area trees are
                primarily Red Oak. Crabapple trees and White Pines are also distributed
                throughout the site. The developer will be constructing an 4-5 foot high berm
                along the north property line along which landscaping will be placed. A
                combination of Ash and White Pines will be planted at the north end of the site to
                provide a solid landscape buffer. Deciduous trees are indicated to have a
                minimum 2-inch caliper, ornamental trees and coniferous trees are indicated to be
                6-8 feet in height, meeting minimum standards.

                A six (6’) foot solid fence will be placed adjacent to the residence to the west on
                the south side of the existing 65th Street and adjacent to the property zoned RS
                (Residential Suburban) at the northeast corner of the site. The fence has not been
                shown on the site plan adjacent to the property south of 65th Street. Prior to
                submittal of an application for a building permit, the site plan shall be revised, and
                two (2) copies provided to the Planning Department indicating this change. In
                order to continue to provide a visually appealing site, staff has recommended that
                a wrought iron fence be placed along Shawnee Mission Parkway, replacing the
                wire fence which currently exists.
Shawnee Planning Commission                   -61-                              August 16, 1999

        19.     The stormwater drainage system required for this development will be designed
                according to the standards in the Shawnee Manual of Technical Specifications and
                Design Criteria.

                    The applicant submitted a preliminary drainage area map and a preliminary
                     table summarizing the hydrologic and hydraulic analysis of the site and the
                     adjoining properties. The final drainage area map and summary table will
                     need to include that portion of the Deffenbaugh property that drains to the
                     northeast. The conceptual stormwater drainage system proposed for this
                     development is generally acceptable; however, Engineering staff will work
                     with the applicant to resolve some minor design issues:

                    A storm sewer inlet needs to be provided for the pond on the Deffenbaugh
                     property.

                    Curb inlets need to be used for the public storm sewer lying between “J.B. 7”
                     and “C.I. 5,” instead of grate inlets (area inlets). Engineering staff suggests
                     moving the line east and constructing twin-throated curb inlets at each island.

                    The alignment of the public storm sewer at the southwest corner of the project
                     needs to consider the future westerly extension of 65th Street.

                    The preliminary centerline profile of 65th Street shows a sag vertical curve at
                     “C.I. 14” and “C.I. 15.” The drainage plan does not provide an overflow
                     swale at this location to convey the runoff from a storm larger than a 25-year
                     event. This situation can be solved by designing a crest vertical curve for this
                     location and placing a curb inlet near the Maurer Road intersection.

                    The preliminary centerline profile of 65th Street also shows a sag vertical
                     curve at “C.I. 35” and “C.I. 36.” Again, the drainage plan does not provide an
                     overflow swale at this location to convey the runoff from a storm larger than a
                     25-year event. However, correcting this situation is more problematic because
                     the sump inlets are located adjacent to a retaining wall having a proposed
                     height of 13 feet. One solution would be to design the capacity of the storm
                     sewer to handle a 100-year storm.

                    The drainage easement for the public storm sewer lying between “J.B. 7” and
                     “C.I. 5,” may required additional width because of the anticipated size and
                     depth of the line. Engineering staff estimates that the line will be at least 22
                     feet deep just north of “J.B. 7.”

                    Engineering staff has concerns about the structural integrity of that portion of
                     the public storm sewer placed under the retaining wall. Also, if the wall is
                     built, then a drainage easement for access will need to be provided between
                     the west entrance on 65th Street and the storm sewer.
Shawnee Planning Commission                  -62-                              August 16, 1999

                    A drainage easement, as discussed below, is needed across the northern
                     portion of Tract “C” for the natural channel, the public storm sewer, and the
                     emergency spillway for the detention basin.

        20.     A stormwater drainage plan must be included as part of the site development
                plans submitted for a building permit. The plan must include plan-profile sheets
                for all public storm sewers and are recommended for private storm sewers.
                Stormwater drainage improvements will be needed as follows:

                 All areas designated as drainage easements must remain free of fences, shrubs,
                  trees and other obstacles that would restrict the flow of the drainage.

                    Stormwater runoff of eight cubic feet per second (c.f.s.) or less during a 10-
                     year storm may be conveyed by a drainage swale. Runoff exceeding eight
                     c.f.s. must be conveyed by a storm sewer. An open channel is permitted only
                     when the channelized flow exceeds the capacity of a 72-inch concrete storm
                     sewer;

                    The drainage system required for this development must be designed to
                     convey the stormwater runoff from a 25-year storm, except the required
                     overflow swales;

                    Overflow swales are required at such locations as needed to convey the excess
                     runoff from a 50-year storm. Also, the minimum low opening on any
                     structure next to an overflow swale is required to be at least two feet higher
                     than the flood elevation of a 100-year storm;

                    If stormwater runoff from adjoining properties is conveyed across the subject
                     site, then that portion of the drainage system must be designed and built as a
                     public improvement;

                    The discharge point for an enclosed system must extend to a defined open
                     channel (whether natural or improved). Otherwise, an off-site drainage
                     easement must be provided between the property line of the subject site and
                     the nearest point of a natural open channel or existing improved open channel.
                     The receiving open channel must have the capacity to convey the runoff from
                     a 25-year storm without negatively impacting structures next to the channel. If
                     the receiving channel does not have sufficient capacity, then if must either be
                     improved or enclosed;

                    Public storm sewers must be constructed using either CMP or RCP. Private
                     storm sewers may be constructed using HDPE except within a public street
                     right-of-way;

                    Energy dissipating devices, such as staked-sod, geotextiles, riprap, etc., must
                     be provided according to APWA criteria;
Shawnee Planning Commission                  -63-                              August 16, 1999


                      All habitable structures must be built a minimum of 60 feet from the bank
                     top (boundary for a 25-year design storm) of any open (natural or improved)
                     channel having a design capacity of 8 c.f.s. or more.

                    Shallow channelized or sheet flows collected from impervious surfaces are not
                     allowed to drain onto adjoining properties or public street rights-of-way;

                    A drainage easement for an enclosed system must be a minimum of 15 feet
                     wide, but additional width may be needed for larger pipes and overflow
                     swales. The easement must be centered on the storm sewer;

                    A drainage easement for an improved open channel must be as wide as the top
                     of bank width plus an additional 10 feet along both sides, and must be
                     continuous between street rights-of-way. When an improved channel begins
                     or ends at a point other than a street right-of-way, a minimum 15-foot wide
                     easement must be dedicated and graded so to permit access by truck from the
                     end of the channel to a street right-of-way.

                    A drainage easement for a natural open channel must be as wide as the 25-year
                     floodplain, plus one foot of freeboard and include an additional 10 feet along
                     both sides. The minimum width required for a natural channel is 30 feet, but
                     the width must be increased as necessary to permit access by truck along the
                     entire length of the channel.

                    Drainage easements must be separate from utility easements. However, a
                     utility easement may cross a drainage easement if no telephone, electric and
                     cable service facilities (junction boxes or pedestals) are placed within the
                     drainage easement. A joint sanitary sewer and drainage easement is permitted
                     when there is sufficient width for both facilities;

                    The location of roof drains must be considered in the conceptual design. Roof
                     drains are not allowed to discharge directly to a detention basin; and

                    The proposed private storm sewer system must extend to serve each outparcel
                     and pad site.

        21.     This development is subject to the provisions of SMC Chapter 12.24, which
                pertains to the construction and maintenance of on-site stormwater detention
                facilities.

                An on-site stormwater detention facility is required because the proposed
                nonresidential development is larger than 5 acres. The applicant has shown the
                proposed location and estimated critical storage volume for a detention facility.
                The conceptual design is generally acceptable. Engineering staff will work with
                the applicant to resolve some minor design issues.
Shawnee Planning Commission                   -64-                              August 16, 1999

                The applicant is proposing to build the detention basin on two adjoining open
                space tracts, which will be separately maintained by the two major tenants. The
                pad site tenants will not participate in maintaining the facility. Although
                Engineering staff does not object to this proposal, the final plat must clearly state
                that the owners of Lots 1 and 2, Block 1, are separately and jointly responsible for
                maintaining the detention facility on Tracts “A”and “B.”

                Although it may be necessary to construct a low-flow gutter across the bottom of
                the basin, Engineering staff will work with the applicant to explore the feasibility
                of splitting the basin into two sub-chambers with a storm sewer constructed along
                the lot line between Tracts “A” and “B.” This option will allow the basin to
                remain except when the allowable release rate is exceeded and will better define
                the separate areas of maintenance responsibility.

                To provide the necessary drainage easement, either the basin must be moved east
                or the west line of Tract “B” must be moved west. Refer to the requirements
                discussed below. Also, the required access easement to the detention basin needs
                to extent straight north from the west entrance on 65th Street.

                The bottom of the basin must be graded with a minimum two (2%) percent slope
                toward the outlet control structure.

                A stormwater detention plan must be included as part of the stormwater drainage
                plans for this development. The required detention facility will be designed
                according to the provisions of SMC Chapter 12.24 and the standards in the
                Shawnee Manual of Technical Specifications and Design Criteria. The required
                improvements are as follows:

                    A detention basin is required to have sufficient capacity to store the post-
                     development runoff that exceeds the pre-development allowable release rate
                     for a 25-year storm.

                    The discharge from a detention facility will not exceed the maximum
                     allowable release rate for a 2-, 10-, and 25-year storm.

                    The stormwater drainage system downstream of a detention facility is required
                     to have sufficient capacity to convey the undetained runoff from the required
                     design storm.

                    A detention facility must be designed to convey low flows entirely in the
                     storm sewer. The detention basin is to remain dry except when the runoff
                     exceeds the maximum allowable release rate.

                    The side slopes of a detention basin must not exceed a 4:1 gradient to provide
                     for ease of maintenance.

                    The detention basin must be landscaped and the structural facilities screened.
Shawnee Planning Commission                   -65-                               August 16, 1999



                    Before a completed detention facility will be accepted by the City, the licensed
                     engineer responsible for design must certify that it has been constructed per
                     the approved plans. The certification required for a detention facility includes:
                     (1) the full storage capacity of the basin; (2) the discharge flowline elevation;
                     (3) the 25-year pool elevation; (4) the emergency spillway elevation; and (5)
                     the proper construction of the primary (restrictor) and secondary (spillway)
                     discharge facilities.

                For this project, the appropriate property owners will be responsible for
                maintenance of the detention facility. The maintenance required for a detention
                facility includes: (1) the removal and clearing of debris; (2) the cutting of
                vegetation; (3) the restoration of eroded area; (4) the removal of silt; (5) the repair
                of structural facilities; and (6) the annual certification by a licensed engineer that
                the detention basin has full storage capacity and that all structural facilities are
                fully functional.

                Although detention facilities are privately maintained, a public drainage easement
                must be dedicated to allow the City access to such facilities during an emergency.
                Such easements must include the entire basin and extend a minimum of 20 feet
                beyond the perimeter of the highest elevation attained by the design storage
                volume. Also, a minimum 20-foot wide access easement must be provided
                between the nearest street and a detention basin.

        22.     The applicant is responsible for submitting individual final sets of street,
                stormwater drainage and detention, street lighting, and traffic signal plans for
                review and approval by Engineering staff prior to commencing construction work
                on the site. All public improvements will be built according to the standards in
                the Shawnee Manual of Technical Specifications and Design Criteria. The
                applicant must obtain a Public Improvements Permit (Form “C”) prior to
                commencing construction work on the site.

        23.     Covenants and Restrictions on the property will be filed with the recording copies
                of the plats for this development. The covenants and restrictions will contain
                agreements regarding maintenance of stormwater detention facilities, maintenance
                of parking areas and landscaping, and cross access agreements for shared parking
                spaces. There will be a height restriction of forty (40’) feet placed on the pad sites
                and out parcels. This height restriction should not pose any problems for users of
                those sites, as opposed to height restrictions that were imposed upon Shawnee
                Station by Target.

        24.     Open space requirements are applicable, with the required fee based on 3¢ per
                square foot of lot area. The fee shall be paid in a lump sum prior to recording of
                the plat or on a per-lot basis prior to issuance of building permits. On a per lot
                basis, the amounts are calculated to be:

                                  Lot 1, Block 1 -       $25,966.12
Shawnee Planning Commission                 -66-                               August 16, 1999

                                 Lot 2, Block 1 -       $17,765.95
                                 Lot 3, Block 1 -       $ 3,230.41
                                 Lot 4, Block 1 –       $ 1,876.56
                                 Lot 5, Block 1 -       $ 1,352.54
                                 Lot 6, Block 1 -       $ 1,471.46
                                 Lot 1, Block 2 -       $ 1,029.76
                                 Lot 2, Block 2 -       $ 1,210.10

        25.     The submitted plat shows several major KCP&L utility easements crossing the
                property, both north and south and east and west. In addition, the developer is
                relocating a water line cross through the western portion of the site. Perimeter
                utility easements shall be shown along the side and rear lot lines as required by
                SMC 16.16.040. However, the revised preliminary plat and final plat need to be
                modified so that utility easements and drainage easements are separate.

        26.     A rough grading and siltation control plan is required for this project and must be
                included with the site development plans submitted for a building permit. The
                plan must accurately show contours at 2-foot intervals of the existing ground
                elevations and details of area drainage and terrain, including identification of
                areas with existing gradients greater than 33 percent. The plan must also show
                contours at 2-foot intervals of the finished ground elevations to be achieved by the
                proposed grading activities plus all grading within public rights-of-way, typical
                cross-sections of all proposed drainage channels and swales, and the maximum
                depth of fill material below or within 15 feet of a proposed building or structure

        27.     Erosion control measures are required for all land disturbing activities. The plan
                must show the type and location of all proposed erosion control measures, which
                will include at least one temporary construction entrance. Engineering staff may
                require on the plan or in the field such additional measures, including diversion
                channels and siltation basins, at such locations as may be necessary to retain
                eroded material on the site. Also, the plan must include general notes on the
                erosion control and vegetation of disturbed areas, an installation schedule, details
                of any special grading activities, and standards details of all erosion control
                measures and devices.

                The applicant is responsible for installing the erosion control measures shown on
                the plans prior to commencing any grading activities or immediately following the
                completion of rough grading as outlined in the installation schedule. The
                applicant is also responsible for maintaining such measures throughout
                construction until vegetation is established over the disturbed areas. All disturbed
                areas must be covered with sod, or seed and mulch, immediately following the
                completion of final site grading. Such measures will be removed once vegetation
                is established over the disturbed areas, except those siltation basins that may be
                reconstructed per approved plans for use as permanent detention facilities.

        28.     The applicant is responsible for obtaining any necessary permit (either nationwide
                or specific) from the Army Corps of Engineers for grading activities covered by
Shawnee Planning Commission                  -67-                                August 16, 1999

                Section 404 (Waters of the United States) of the Clean Water Act. The applicant
                is also responsible for obtaining any necessary permit from the Natural Resources
                Conservation Service for grading activities covered by Section 402 (Wetlands) of
                the Clean Water Act. A copy of the application(s) and the approved permit(s)
                must be submitted to Engineering staff prior to the issuance of a grading permit.

        29.     The land disturbed for this project will be more than five acres; therefore, the
                applicant is required to obtain an Environmental Protection Agency National
                Pollutant Discharge Elimination System Permit (Construction Activity Form 1)
                from the Kansas Department of Health and Environment. The applicant must
                submit a copy of the application to Engineering staff prior to the issuance of a
                grading permit.

        30.     All water main and fire hydrant locations shall be approved by the Fire Chief and
                installed prior to issuance of any building permits.

        31.     The applicant is responsible for submitting a computation plat with the recording
                copies of the final plat. The computation plat shall show the coordinates of all
                points, the bearings and lengths of all lines, and the individual area, in square feet,
                of all lots, open space tracts, and rights-of-way, and the centerline miles of all
                newly dedicated streets.

        RECOMMENDATION

        As noted above, the proposed rezoning to CH is generally in conformance with the Land
        Use Guide of the Comprehensive Plan; therefore, staff recommends approval of Z-14-99-
        8, rezoning from AG to CH on 16.34 acres in the 16200 and 16300 blocks of 65th Street;
        PrePlat-50-99-8, preliminary plat of Shawnee Station West, and SP-43-99-8, site plan for
        the overall development of the Shawnee Station West site, and building elevations for
        Wal-Mart and Lowe’s, subject to the following conditions:

        1.      Approval of the final plat by the Shawnee City Council and recording of the final
                plat with the Johnson County Register of Deeds prior to issuance of any building
                permits;

        2.      The applicant shall submit deed restrictions with the final plat for review and
                approval by Planning staff;

        3.      The Planning Commission shall determine if the use of painted CMUs will be
                acceptable, or if alternate treatments shall be used, as well as if additional peaks or
                architectural features shall be placed on the roofline on the east elevation (Maurer
                Road), as well as the construction of a wrought iron fence along Shawnee Mission
                Parkway. In the event any or all determinations are made, the applicant shall
                submit two (2) revised copies to the Planning Department for review by the
                Planning Commission, prior to a request for a building permit;
Shawnee Planning Commission                  -68-                                August 16, 1999

        4.      Site plans for all elevations of the pad sites and out parcels shall be approved by
                the Planning Commission prior to construction. Building materials used on these
                buildings shall include brick and/or pre-tinted CMU materials (or similar
                products) in colors to match Wal-Mart and Lowe’s;

        5.      The Wal-Mart and Lowe’s stores shall be constructed as depicted on the
                submitted plans using colors submitted, and building materials as approved by the
                Planning Commission;

        6.      All mechanical equipment on Wal-Mart and Lowe’s, and on the future pad
                buildings, shall be screened through the use of parapets or intensive landscaping;

        7.      All dumpsters and trash compactors shall be screened by screen walls constructed
                of the same building materials as the stores;

        8.      No trash pickups or street sweeping shall be conducted on the site between the
                hours of 10:00 PM and 7:00 AM. In the event deliveries occur during this time
                period, the Planning Commission may consider additional restrictions on the time
                deliveries are allowed;

        9.      No outdoor storage or display of materials, merchandise, or equipment shall be
                allowed in parking stalls, parking lot aisles, or landscape areas;

        10.     Payment of the open space fee of $53,902.90 shall be paid in a lump sum prior to
                recording the plat or on a pro-rated basis prior to issuance of a building permit for
                each lot;

        11.     Payment of the excise tax prior to the mayor signing the recording copies of the
                final plat(s);

        12.     Maurer Road shall improved as stipulated in the staff report;

        13.     65th Street shall be improved to minor collector standards as stipulated in the staff
                report and in the Shawnee Manual of Technical Specifications and Design
                Criteria;

        14.     AIG Baker shall have a traffic signal warrant analysis conducted at the south
                Shawnee Mission Parkway Ramp on Maurer Road following the first six months
                of Wal-Mart’s operation. If a signal is warranted, it shall be installed at that time;

        15.     The parking lot shall be designed and built in accordance with the Shawnee
                Manual of Technical Specifications and Design Criteria, and shall be constructed
                prior to issuance of an occupancy permit;

        16.     Proposed driveway entrances shall be designed and constructed in accordance
                with Standard Detail 21-10 and 21-11 of the Shawnee Manual of Technical
                Specifications and Design Criteria. The applicant shall obtain a Public
Shawnee Planning Commission                  -69-                               August 16, 1999

                Improvement Permit (Form C) prior to the issuance of any building permit or
                commencing any construction;

        17.     The applicant shall use a flat lighting fixture for all lights in the parking lots.
                Wall packs shall have sconces that project the light downward;

        18.     The applicant shall submit 2 revised site plans showing a six (6’) foot tall fence
                along the Deffenbaugh property to the Planning Department, prior to submittal of
                an application for a building permit;

        19.     The signage on all pad sites shall conform with the unified sign scheme for this
                center of white channel lettering with blue and/or yellow highlights;

        20.     The stormwater drainage system required for this development shall be designed
                in accordance with the Shawnee Manual of Technical Specifications and Design
                Criteria. The applicant shall submit revised plans which comply with the criteria
                identified in the staff report;

        21.     The stormwater detention facilities shall be designed in accordance with the
                provisions of SMC Chapter 12.24 and the Shawnee Manual of Technical
                Specifications and Design Criteria. The applicant shall submit revised plans
                which comply with the criteria identified in the staff report;

        22.     A rough grading and siltation control plan is required for this project and must be
                included with the revised site plan. The grading plan shall show all items required
                in the staff report, and as specified in the Shawnee Manual of Technical
                Specifications and Design Criteria;

        23.     The applicant is responsible for installing and maintaining         erosion control
                measures as noted in the staff report;

        24.     The applicant is responsible for obtaining any necessary permit (either nationwide
                or specific) from the Army Corps of Engineers for grading activities covered by
                Section 404 (Waters of the United States) of the Clean Water Act. The applicant
                is also responsible for obtaining any necessary permit from the Natural Resources
                Conservation Service for grading activities covered by Section 402 (Wetlands) of
                the Clean Water Act. A copy of the application(s) and the approved permit(s)
                shall be submitted to Engineering staff prior to the issuance of a grading permit;

        25.     The applicant shall obtain an Environmental Protection Agency National Pollutant
                Discharge Elimination System from the Kansas Department of Health and
                Environment. The applicant must submit a copy of the application to Engineering
                staff prior to the issuance of a grading permit;

        26.     The applicant is responsible for paying for City-installed street name signs;
Shawnee Planning Commission                 -70-                               August 16, 1999

        27.     All water main and fire hydrant locations shall be approved by the Fire Chief and
                installed prior to issuance of any building permits; and

        28.     A computation plat shall be provided with the recording copies of the final plat.

        Mr. Chaffee stated that the applicant has done a good job over the last few months of
        addressing all the concerns of staff. We are now down to what type of building materials
        should be used. He said that no one is in agreement that the rough-faced CMU itself is
        going to be acceptable. He said that staff’s point of view is that they would like to see
        them pretinted, as opposed to painted, noting that the applicant would like to discuss that
        with the Planning Commission. He said that he also thinks that the applicant needs to do
        some more architectural features on the east side of Wal-Mart building, along Maurer
        Road. Maurer Road is a major collector street and he thought that it needs to look a little
        nicer on that side, and then providing the wrought-iron fence, which he thought would
        have a nice visual appeal to the shopping center. He certainly didn’t think if you are
        driving down Shawnee Mission Parkway and see a wrought-iron fence, you are not going
        to notice that Wal-Mart and the other stores are on the other side of the fence. He thought
        that those are pretty much the issues that were left outstanding; but he wanted to let the
        Planning Commission know, after the last sketch plan, which had a lot of items still up in
        the air, that the applicant has really done a good job in meeting with staff; street design,
        drainage. He said that everything seems to be in order with this submission for the
        Planning Commission consideration.

        QUESTIONS FROM COMMISSION

        Commissioner Bedora noted that condition #19 relating to the wrought iron fence was
        included with condition #3. Mr. Chaffee stated that condition #19 would be taken out
        since it is included in condition #3.

        Commissioner Sawyer asked if the wrought iron fence was going to be between 65th
        Street and Shawnee Mission Parkway. Mr. Chaffee responded that was correct.
        Commissioner Sawyer asked who maintains the fence after it is put in by the applicant.
        Mr. Chaffee responded that the property owner will maintain the fence. Commissioner
        Sawyer asked if the applicant owned that property or if it was between Shawnee Mission
        Parkway and 65th Street and did it become a city problem. Mr. Chaffee responded that it
        will be in the right-of-way but it will be maintained by the property owner.
        Commissioner Sawyer asked if that was in writing so that the City isn’t maintaining years
        down the road. Mr. Chaffee responded that engineering, when they do their design plans,
        that will be one of the caveats for the design of the street. Commissioner Sawyer said
        that was his concern that we build all these beautiful things and then they cost a lot of
        money for the City when they maintain them.

        Commissioner Pflumm asked about condition #4, regarding the pad sites and out parcels,
        if the signs on those potential sites are also restrictive to the same colors. Mr. Chaffee
        responded yes, they will have the same color scheme. He added that if it is a business
        that has something they always use, or want to do something different, they can always
        request a variance from the City Council. The Codes still require that a unified sign
Shawnee Planning Commission                 -71-                              August 16, 1999

        scheme be presented. He said that usually we see white letters or red letters anyway, and
        rarely do we see something different. He said that with the accents, they can add a little
        bit to it.

        Commissioner Pflumm asked about the property owner to the west, Lot 3, if there was
        any special type of fencing. Mr. Chaffee responded that right now, there is another site to
        be developed and landscaping will be installed whenever we look at that property.

        Mr. Chaffee added that along the northern property and in the area where development is
        going to occur, there will be berming and landscaping on the north side and some fencing
        because of the traffic.

        Commissioner O’Connor asked if staff had made any specific recommendation to the
        applicant as to what the additional architectural features could be. Mr. Chaffee responded
        yes, they have been pretty basic to perhaps taking some of those peaked roofs and
        somehow incorporating them into the side of the building or using dry-vit with a peak on
        it, or something like that. He added that basically, since staff is not an architect, we
        haven’t designed it for the applicant, but have requested that the applicant take a looking
        at doing that and the basic response is, “well, we don’t feel like we need to do that, that
        the elevations already have some bump-outs so that is architecturally pleasing enough.”
        Staff didn’t see anything turned in so let the applicant know that would be a topic for the
        Planning Commission to discuss with them.

        Mr. Chaffee stated that if it were a situation similar to Lowe’s where there were a row of
        buildings along Maurer Road and Wal-Mart was on back, we wouldn’t be so concerned
        about it. But when it is right up against Maurer Road, staff feels that something else
        architecturally needs to be done, rather than the flat roofline and looking at the auto
        center.

        Commissioner Sawyer asked if it had berm and landscape. Mr. Chaffee responded there
        is some landscaping in that area, pointing out the slope. Commissioner Sawyer pointed
        out that Wal-Mart is lower than the street.




        PUBLIC DISCUSSION

        Representing the applicant was John Martin, AIG Baker. Also present were the
        architects for Wal-Mart: BRR Architects, Hal Havens and Teresa Murphy; from Lowe’s:
        Dan Moylan, engineering Manager; and from AIG Baker, Scott McGee, Engineering
        Manager for this Midwest Region, and Lance Johnson, from Peridian, Civil Engineer for
        the sites here.

        Mr. Martin talked about how the site looks now and how they propose it to look when
        they are finished with it. On Shawnee Mission Parkway west of Maurer Road, there is a
        berm that you have to look over to see the school. Their plan will be that their grading
Shawnee Planning Commission                  -72-                               August 16, 1999

        plan will include grading that entire right-of-way along Shawnee Mission Parkway just
        north of the existing drainage swale that is in Shawnee Mission Parkway at that level all
        the way back to the north. As you drive north on Maurer Road, north of 65th Street now,
        the current homes sit lower than the Maurer Road elevation. The final floor elevation of
        the Wal-Mart store in their project will be the elevation of the Maurer Road street at this
        time, plus or minus one or two feet. There is a substantial amount of fill that goes on in
        that area, which then allows them to landscape the northern part of the property at the
        power lines and provide for landscaping there.

        Mr. Martin stated that he has been negotiating for several months with the property owner
        to the west of them. He said that today he had successfully negotiated an agreement with
        Mrs. Deffenbaugh which will allow them build some heavy landscaping berms on the
        west side of his project, between his project and her project and also allow them to redo
        the street alignment at this portion to take the 90 bend out to have it match the other
        bend. He just did that this date. He didn’t want to stop the process of getting this
        property rezoned; because in effect, it doesn’t change what the overall use of this property
        is. It is just going to allow them to do some things with the site plan that will enhance the
        project. He said he had spoken briefly about that with Paul Chaffee. He didn’t want to
        open that can of worms until he knew he had that agreement with Mrs. Deffenbaugh
        negotiated. He said he just got that at 7:00 p.m. today completed, sat down with Paul
        Chaffee briefly and explained what they were doing and Mr. Chaffee said that once we
        finished with this, we will tweak those plans before we go to the City Council.

        Mr. Chaffee responded that was not what was said. He said his suggestion was that the
        Planning Commission approve this site plan with this zoning and get it taken care of, and
        if we were going to do something when this is Deffenbaugh’s property, and he had visited
        with Scott McGee this afternoon, then perhaps we needed to pull this site plan and begin
        the rezoning process, including Mrs. Deffenbaugh’s property, or we proceed with this site
        plan and rezoning and get it approved, and then the applicant come in with a revised site
        plan at a later date. Because what is starting to happen is what happened with the first
        one, that we are getting these sketch plans for bogus site plans that aren’t going to be
        developed. He thought that what the Planning Commission needs to do is proceed this
        evening to rezone this property and take actions that are necessary on this site plan as has
        been submitted, and make a recommendation to the City Council to rezone with the site
        plan. If the applicant, at a later date, desires to come in and rezone additional property
        that they have been able to negotiate with Mrs. Deffenbaugh at the last minute before,
        that is fine and staff has no problem. He thought that if we were looking at tossing this
        site plan to the wayside, it is the second time that staff has worked with this developer to
        prepare complete staff reports and site plans and spent many hours of work for something
        that is not going to happen. His suggestion to the Planning Commission, and staff still
        stands beside it, is that staff recommends approval of the rezoning and this site plan with
        these conditions and the developer is letting the Planning Commission know this evening
        that there may be some revisions made to the site plan at a later date, rezoning some
        additional property CH and probably rezoning some that is CH back to AG, but he
        thought that the Planning Commission needed to look at that at another time and he
        preferred that we proceed considering what has been proposed now, and let’s get this
        approved; and if those changes happen, then we do those under a revised site plan at a
Shawnee Planning Commission                  -73-                               August 16, 1999

        later date. He said that we are not going to sit here tonight and from what he saw for two
        minutes tonight, say when we go to City Council that we are going to make some changes
        because we have to rezone some other property. He thought that we need to keep on
        track with this plan and determine if it is appropriate or not appropriate. He thinks that it
        is an appropriate site plan and proceed that way.

        Chairman Mazza asked Mr. Martin what he felt about his options. Mr. Martin responded
        by apologizing for the confusion. He said the reason he brought that up was because
        several questions were raised about the property owner on the west and he wanted the
        Planning Commission to understand that they have been trying to alleviate any concerns
        with that property. He said this is a great site plan and he loves it and any changes to this
        will only enhance it; and if, in fact, they do decide to change this, they will have to come
        back before the Planning Commission.

        Mr. Chaffee said he agreed; and the changes he briefly saw would be an enhancement if it
        can proceed. But he thought that we just needed to go ahead and do something with this
        application. The other choices of the Planning Commission would be, if they think
        something else is coming in, to deny this and say to bring in the new plan; but he thought
        that we were too far down the line and have enough property owners who need to move
        on with their lives and get the options taken care of. It is a good site plan as it is, and
        what we see mainly add enhancements; but we need to proceed down the route with this
        one.

        Chairman Mazza commented that the options would be to look at this today and make
        their decision or postpone it or table it which doesn’t help anybody. But if we go ahead
        with it, he thought that the discussion as to any possible changes should be left out of this
        meeting. Mr. Martin said he agreed. Chairman Mazza continued that because there is a
        fence to be put in this one, and with the changes, the fence wouldn’t be apropos, then we
        shouldn’t discuss that tonight.

        Mr. Martin said that would be fine; and he thought that meeting with staff and he said it
        has been for them to meet with staff to go through their concerns on the front before
        walking in before the Planning Commission this time and had a bunch of unanswered
        questions. At this time, he feels that the only questions unanswered are two: the building
        material they propose to use, the CMU units versus the painted CMU units versus the
        intricately colored CMU units, and the fence along the south property line. He said he
        would address the second issue and let the architects from BRR address the first issue.

        Mr. Martin said that the fence along the south property line is currently located on the
        right-of-way of Shawnee Mission Parkway. He said he didn’t know what the City law
        was about relocating that fence but if it is located on that right-of-way and that right-of-
        way abuts the new right-of-way for 65th Street, they won’t be the property owner of the
        property the fence is built on. If the fence can be built north of 65th Street, they would
        own that property and they would then, at that point in time, be able to maintain it. He
        didn’t know, but maybe that is an agreement that can be worked out; but if the fence must
        be located in its present location, which is along the right-of-way of Shawnee Mission
        Parkway, and that right-of-way may adjust with the new alignment of 65th Street, if it can
Shawnee Planning Commission                 -74-                              August 16, 1999

        be relocated inside or north of the 65th Street alignment, that is something they could do
        on their property; but if it is located between Shawnee Mission Parkway and 65th Street,
        he didn’t know if there was an agreement that could be worked out that they would
        maintain a fence there. He said he didn’t know an answer to that. He said their current
        plan is to build a fence, replace the fence with a fence of similar nature along Shawnee
        Mission Parkway. If the staff is recommending that they do a wrought iron fence, they
        will let the Planning Commission decide if a wrought iron fence is appropriate. He said
        that then one of the questions they need to decide is where to relocate that fence.

        For the second question about building materials, he introduced Hal Havens, with BRR
        Architects, 6700 Antioch, who is also a Shawnee resident on Long Street. He said staff is
        correct that Wal-Mart has done some projects with integral colored block. There are
        several in the KC area. After a rain recently in July, he went out and took pictures of
        some of the shopping centers that Wal-Mart was in, Best Buy, Sam’s, and a lot of
        efflorescence on those projects. To him, they had a shabby look. He thought that Wal-
        Mart has a better appearance with a painted CMU. It is consistent whether rain or dry.
        They feel that the target store, painted CMU, has a good color and appearance and they
        would like to be able to do their project in a similar manner. They feel like they have a
        better product in that way. He thought that the Planning Commission could see in the
        pictures that were taken, not a smooth picture, kind of dirty look to it, and they really
        don’t want that. They would like to have the ability to do what they think will work best
        for Wal-Mart and for the City.

        Mr. Martin added that one of the things that comes up when they build these big box
        buildings is that they are building them out of concrete blocks. They are trying to make
        those concrete blocks look like a veneer of the building. There are types of construction
        where you build a supporting wall and put a veneer on that wall. In these buildings, the
        veneer on that wall is part of that support, so they are building concrete block walls. One
        of the things they do when they build those walls is fill those center cords up with
        concrete. So the centers of those block walls are filled up with concrete. That concrete
        cures over a period of time and during that process, the efflorescence goes through that
        block to the outside of the wall. The problem gets to be two-fold: one, if you can
        waterproof the outside of the block, and two, what happens with the efflorescence that
        comes from that concrete-filled block wall as it comes to the outside. By painting the
        units, two things happen: they have a uniform appearance then, and two, they waterproof
        the blocks to keep them from looking like the model here. The painted material serves
        two purposes: one, waterproofing; and two, to maintain a uniform appearance on the
        outside of the building.

        Hal Havens added that on a technical nature, the reason for the efflorescence has a lot to
        do with the weather and the workmanship. And it is a couple of things that you really
        cannot guarantee. If there is a bad storm and water gets in the cells before they can cover
        them, there will be efflorescence so no matter how hard the contractor tries, you cannot
        guarantee you are not going to get that look.

        Chairman Mazza commented that as an example, Target now on the east side and then
        across the street, the Mission Bank; Target is painted, the bank is not. Mr. Chaffee
Shawnee Planning Commission                  -75-                                August 16, 1999

        responded that was correct, the bank uses the integrally colored simiblock. Chairman
        Mazza commented he wished we had pictures of that because that shows a big difference,
        and the bank looks nicer.

        Mr. Martin said it is a different thing; the bank is a veneered building. The veneer on that
        bank does not serve any structural purpose there. So there is a supporting wall behind
        that, and a 4-inch veneer in front of that. It is like a brick house. There is efflorescence
        in brick houses, not as bad as you do in this building type where you are making the
        veneer of the building part of the structural ability of the wall. That is the difference. The
        difference is in the construction technique. If you are using these 12-inch wide concrete
        blocks, and filling these blocks up with concrete and steel to make them structurally
        support the load on the roof, that is a different thing completely than putting a brick
        veneer on the outside of a building. The whole construction system is different; and
        because of that type of construction where you have these cores of block filled with this
        concrete, it takes a time for this concrete inside these mortar units to dry and to cure. And
        what happens is when it does that, it goes through the block; that is the only place it can
        go. It doesn’t show up on the inside because the walls are painted. On the outside, it is
        the white stuff you see on it. So, as it goes through those blocks, it shows upon the
        outside of the buildings. That is what happens to it. You can drive around Johnson
        County and look at all the buildings that were built that way.

        Chairman Mazza commented that you could see that on brick buildings that are veneer
        too. Mr. Martin said it wasn’t nearly as bad on brick buildings. Chairman Mazza
        continued where it gets back to construction and the people putting it up have a lot to do
        with it. Mr. Martin said no, because once it is cleaned on a brick building, there is no
        source for the water to come back through there. There is no source for that efflorescence
        to come back out. It is in the mortar itself. He was saying that in this construction
        technique, the efflorescence isn’t coming from the mortar; it is coming from the concrete
        inside the block as it cures and that is the difference between a brick veneer versus a
        structural unit. So, because of those differences, the efflorescence, they have gone
        nationally to a system where they would prefer to use painted material. He said that
        looking at the Mission Bank building, the difference between it and the Target is you can
        see the mortar joints. He asked if that was what you notice when you looked at Mission
        Bank. It is a smaller building, so the scale is bricks versus blocks. They try to make the
        mortar match the block material and that is not always easy to do, giving the example of
        Best Buy on 93rd where they had to repaint the building five years after the built it.
        Chairman Mazza noted that is what they are trying to get away from. Commissioner
        Sawyer added that it still doesn’t.

        Commissioner Jenkins asked about the architectural look that was being brought up on
        the one elevation. Hal Havens responded that what they were looking at, compared to the
        Target, Target has one long wall, whereas Wal-Mart has walls that are about 60-80 feet
        long and broken up going in and out, so they felt like they were already breaking up that
        façade and not having a big massive wall. Mr. Martin added that the relief generated by
        these offsets in this building, the angles from looking at that relief, instead of one flat
        wall. He explained what they did at Target. In this elevation, what Wal-Mart was saying
        was that because they are creating these offsets in this building, as you drive by that
Shawnee Planning Commission                  -76-                                August 16, 1999

        building, you don’t just look at one big flat wall, because of the angles created by these
        projections.

        Hal Havens commented that they have the peaks over the entries which is what they want
        to be the focus, that mainly people will be looking at the front of the store, and they have
        the feature over the Wal-Mart sign which they feel like the focus should be where you
        enter the building.

        Chairman Mazza asked if the east side elevation on the picture. Mr. Chaffee responded it
        was not.

        Commissioner Land stated that if you paint this wall, with its ins and outs, with one solid
        color, it is still going to be a plain looking flat wall. Mr. Martin said it is not going to be
        painted one solid color. Commissioner Land reminded him that he had said if they paint
        the CMU blocks, it will be painted all one color. Mr. Martin apologized for saying that.
        He said there would be three different colors. Mr. Chaffee responded that it would be
        light beige above, and dark beige below. Commissioner Bedora commented there would
        be a dark nothing, then nothing-nothing (beige), with a blue band. Mr. Martin said they
        decided the beige was better than gray.

        Commissioner Land’s question was if they paint this, is it still going to be the light and
        dark beige, not plain like the Target. Mr. Martin said Target was not plain, it is three
        different colors. Mr. Chaffee responded that around the entire building, the lower half
        will be dark beige, the upper half will be a light beige, then the blue accent band will go
        all the way around the building.

        Commissioner Land said it will still have the blue band.

        Mr. Martin said at the Target store, the bottom is burnt orange and the top is beige, then it
        has some tiled enhancements that go around that elevation. Commissioner Land
        commented that the back is not that way. Mr. Martin said it was covered up by landscape
        berms.

        Chairman Mazza commented that his concern is the development to the east of that
        elevation. There is going to be a medical building and apartments. We do have the back
        of Target which is dressed up. We wanted berms where the apartments were going to be
        and landscaping and the fence. Then we want to make sure that this building is not going
        to take away from the appearance of that either. This is all looking out for the applicant
        on all corners.

        Mr. Martin asked Hal if this had come up with other municipalities with Wal-Mart and
        what were his solutions. Chairman Mazza stated that since we don’t have an elevation, it
        is hard for him to get in his mind and all that he is seeing is the top elevation.

        Mr. Chaffee commented that in the packet is a front elevation and it is hard to see where
        the bump-outs are. Hal Havens said they are very large bump-outs, about 60 feet deep.
Shawnee Planning Commission                  -77-                                August 16, 1999

        Commissioner Sawyer said that Target is flat and this won’t be flat. He then wondered
        about the grade of Maurer Road compared to Wal-Mart on the east side, and if they were
        the same. Mr. Martin started to respond on the existing 65th Street. Commissioner
        Sawyer said he was not concerned about 65th Street, but was asking about Maurer Road.
        There was one little section that he was concerned about, the east side of the Wal-Mart,
        pointing out the landscaping, and asking again what was the grade. Mr. Martin responded
        that at this location, the elevation of the Wal-Mart is 10.18. He said that is the elevation
        of the street at this point. He said the street has a slight incline up to the intersection of
        65th Street. So at this point, the building is the same elevation as Maurer Road. As you
        go to the south on Maurer Road, Wal-Mart elevation stays the same and the street
        elevation goes up so the building at that point, will sit lower than the street. The
        applicant said it would be about 10 feet. Commissioner Sawyer noted we will start losing
        the building. Mr. Martin said it will look a lot like the driveways on the other side of the
        street.

        Commissioner Sawyer asked what they were doing on landscaping to hide the building.
        Lance Johnson responded that there are quite a few street trees on the west side along
        Maurer Road, mature tree 15 feet high with 2 ½” caliper. Mr. Martin said that the trees in
        the Target parking lot are a year old now.

        Planning Director Paul Chaffee stated that if the applicant was going to a 2 ½” caliper,
        then we need a condition that the landscape plan be revised to show the change. He
        added that it looks like 14 trees.

        Commissioner Sawyer stated that the point he was trying to make is that the building is
        bumped-out which doesn’t really show. Then the street starts to rise and have landscape.

        Commissioner Pflumm asked if there was any green area right next to the building on the
        east side where there would be any trees or to put any trees to break that up. Mr. Martin
        responded no, that the asphalt goes up to the building. He said that was the auto center on
        the side of the building.

        Commissioner Pflumm noted from the building to the parking, there is no green area.
        Mr. Martin said that was correct. Commissioner Pflumm asked if we could go in there
        and require some green area to put some trees in there to break it up against the building.

        Commissioner Pflumm commented that his other concern was whether we would be able
        to see the rooftop from Maurer Road the farther south we go. He said he doesn’t want to
        see the rooftop looking down on air conditioning units, etc. Mr. Chaffee responded that it
        would still be about another 18 feet. The building is about 28 feet in height.

        Hal Havens said that the top of the wall would be the same as the top of the rooftop unit.
        A person’s eye view would be lower than the top of the wall so you couldn’t see.

        Commissioner Sawyer noted the doors are on the north and south sides. Mr. Chaffee
        noted that you will probably not be able to see the doors because of the bump-out. He
        verified that the front bump-out doesn’t have doors.
Shawnee Planning Commission                  -78-                               August 16, 1999



        Mr. Martin pointed out the garden center stating that they could put a landscape island
        there on the bump-out, asking what the depth would be. Hal Havens responded it would
        be a 10 foot island. Mr. Martin asked what type of trees you could plant in a 10-foot
        island. Mr. Havens responded it would be the same general trees they have on-site,
        noting that they couldn’t be too large because it is right next to the building. He said it
        would be 14’ evergreen or pine. Mr. Martin verified that they would be willing to do that
        on the side of the building.

        Commissioner Bedora stated to let it be so.

        Mr. Martin asked where they would locate the fence they will be relocating on the south
        side of their property. Mr. Chaffee responded that it would probably be something with
        Engineering, if they wanted to require the wrought iron, Engineering could take a look at
        the proper location for that, who is going to maintain it, and how they would maintain it.

        Commissioner Sawyer asked why we needed a fence, who are we trying to keep out,
        adding that we don’t have it anywhere else up and down Shawnee Mission Parkway. Mr.
        Chaffee responded it is the high-speed limit areas and KDOT still has some say-so.
        Commissioner Sawyer thought that the City got to maintain that. Mr. Chaffee responded
        we do, but they still have say-so as to when you do the interchanges, etc.

        Commissioner Sawyer commented that he just sees us requiring stuff. He said we fight
        trying to come up with money to replace curbs and now we require something here that
        we know somewhere down the line, most likely, the City will probably end up
        maintaining. Mr. Chaffee responded that we can require that it be on the applicant’s
        property. Commissioner Sawyer stated that he was questioning the wrought iron fence;
        he didn’t know what that did for us. Mr. Chaffee responded that we could work with the
        applicant on that, adding that we have these two big buildings and what we are trying to
        do is make this thing look nice and appealing. You can do it to a degree with landscaping
        and just the way that Shawnee Station looks when you drive down and look at the
        chicken wire fence. This is the means of trying to do something to make it look
        appealing.

        Commissioner Sawyer agreed with that. To him, it looked like the Target store was in the
        middle of a farm belt. He just questioned why we need the fence. He didn’t know that a
        wrought iron fence was going to change the looks of it. It just shows that someone spent
        a lot of money to build a wrought iron fence, but does it change. It is still a Target behind
        a fence.

        Mr. Martin commented that you have two big buildings, but you also have the restaurant
        pads and the other building pads that sit in front.

        Commissioner Sawyer said he didn’t have a real problem but he wants to make sure that
        somewhere down the road the city is not going to have to take care of a wrought iron
        fence.
Shawnee Planning Commission                   -79-                                August 16, 1999

        Commissioner Land commented that if we had to have one, don’t we need it between
        Shawnee Mission Parkway and 65th Street property then she didn’t think we needed it
        because then the street is there. Mr. Chaffee responded that if that is the detail she would
        like to see done, if it can work out and he can get with Engineering further and come
        back, and let her know on that end of it. He said that we can certainly handle it that way;
        that is not a problem.

        Commissioner Bedora was concerned about the traffic flow for the street which is coming
        all the way down to the end of the property line and the other pass-through along the
        front. He asked if there was a particular reason they couldn’t put the street where the
        drive is as opposed to going all the way around. Mr. Chaffee responded that the purpose
        of 65th Street is to serve as a collector and a frontage road. To swing it down in the
        manner they have, they can just keep it along the frontage road of Shawnee Mission
        Parkway. He said staff had suggested that they add another road in there. (1) it doesn’t
        force all the traffic to the bottom then have to drive back up to Wal-Mart. If you don’t
        need to go to the pad sites, you can just enter and go to that location and walk up. And it
        breaks up the parking lot a little bit, but at the same time, it provides good flow across the
        side at a third location.

        Mr. Martin said that basically, 65th Street will serve as the current parking lot road that
        the south perimeter street at Shawnee Station now. Because that works so well there,
        they designed it there. The one thing staff said is that the problem with that is that once
        you are so far out you have to go so far backing in, so why not put an interim street so
        people can go north and south on the north side of the pads, so they added that private
        road through the parking lot.

        Commissioner Bedora noted Lot 1 and Lot 2 being used for a cut-through. He asked if
        this was also going to be used as a cut-through. Mr. Chaffee responded yes, but also it
        will be able to break up that traffic that is going to be used in the parking facilities for the
        out-parcels and you can weave it out a little bit.

        Mr. Martin stated that the cut through on Lot 1, Lot 2, is right-turn in only and right exit
        only.

        Commissioner Bedora stated that the statement was that people would be cutting through
        those lots. Mr. Chaffee responded he thought that the problem that we have goes deeper
        than that. On the cut-through between Lot 1 and Lot 2 is that we have a traffic signal at
        one end and a traffic signal at the other end and if we don’t somehow, even if Engineering
        approves any type of street in there, do something to discourage people from cutting
        through between the two stoplights it just messes up the timing of the intersections, as
        opposed to this situation where you are going through a parking lot.

        Mr. Martin stated that they are happy with staff’s recommendation now to review that
        once they know that tenant. If that tenant is not a high-traffic generator, if it is not a fast-
        food restaurant or something like that, that is one issue. They are willing to live with
        staff’s recommendations which is to look at it when we know exactly who those tenants
        are going to be on Lot 1 and Lot 2, and see if the Traffic Engineer can then say if it is
Shawnee Planning Commission                  -80-                                August 16, 1999

        justified or not justified. They are happy with that. It is not going to make or break their
        deal.

        Commissioner Bedora responded that he understood, and was just comparing it with the
        other pass-through road.

        Howard Van, 16201 W. 63rd, questioned the detention basin on Tract A, which will
        share his western property line. He asked what was the City’s standard for how those are
        constructed. Is that going to be an open drainage pit or how maintained. He had a
        concern of what that was going to look like next to his property.

        Mr. Chaffee responded that as far as maintenance, the basin will be in two parts. Part of
        it will be maintained by Wal-Mart and the other part by Lowe’s. Mr. Martin further
        responded that it will be constructed very similar to the existing detention ponds that are
        behind the Target stores now. They are bermed and have grass seed growing in them and
        will hold water. They are mowed on a weekly basis. He added that they learned some
        things about low flow guttering, which they didn’t provide originally in those basins and
        had air conditions condensation running through there and sort of puddled up. They have
        learned now that they have to put a low flow gutter through there to keep that from
        happening.

        Mr. Van asked if that precluded any future development on the site where the detention
        basins are. Mr. Chaffee responded that he would imagine that there would be no
        development where the detention basins are, adding that there may be some development
        as 63rd Street occurs where there could be development further north of those.

        Mr. Martin stated that tract of land is a total of 12 ½ acres and Tract A and Tract B are a
        total of about 5-6 acres; so the northern 6 ½ or 7 acres will be developed at some point.

        Mr. Van said that when he moved here in 1981, this type of development was never
        envisioned. He said he was glad that the Planning Commission was spending some time
        to make sure it is a quality development. He has talked with Mr. Martin and felt that he
        had dealt fairly with the property owners over there. He said he had concerns about his
        water line which he thought had been addressed, and the berming, and the bike trail that
        was mentioned crossing the back side. Mr. Chaffee responded that was an easement for
        it, adding that the applicant will not be required and that the City will install that as they
        get the connections that they need. Mr. Van noted that the apartment complex included a
        jogging trail.

        Mr. Van said he was concerned also to hear that the elevation, which will be on the south
        end of his property, that the development is going to be elevated substantially. Lance
        Johnson pointed out the elevations of the land.

        Chairman Mazza pointed out to Mr. Van that the thing that happened between 1981 and
        now is that sewers have come to that area.
Shawnee Planning Commission                  -81-                               August 16, 1999

        Commissioner Pflumm asked about the water retention basins and comparing to Target.
        He said that one of the benefits he has seen behind the Target is that it has been cleared
        and is mowed weekly. He asked if the north of this building was going to be maintained
        in a similar fashion, putting weed killer down, and mowed weekly, or if this was going to
        be grass thrown out there and hoping the rain keeps it alive and properly maintained.

        Mr. Martin responded that at this point, they will be filing with the plat, the easements,
        covenants and restrictions which will, in writing, answer Commissioner Pflumm’s
        question, verifying that it will be maintained like the rest of the property. It will be a
        recorded document stating that they have to maintain. Mr. Chaffee stated that was
        correct.

        Howard Van asked about the lighting on the back of those buildings. Mr. Chaffee
        responded they will be wall packed with sconces that direct the fall of light down on the
        building and are not allowed to glare out or up. Mr. Van asked if those would be on
        during all nighttime hours. Mr. Chaffee responded he would imagine they would be on
        for security. Hal Havens stated that they would be on mainly at the exit doors. You can’t
        see the light fixture itself.

        PLANNING COMMISSION DISCUSSION

        Commissioner Pflumm asked about the east elevation. Chairman Mazza responded they
        were talking about coming out ten feet for a green area.

        Mr. Chaffee responded if the Planning Commission is comfortable with that as opposed
        to doing something with the roofline. If we require them to do some landscaping and it
        not be planted with the minimum sized trees so you can have a visual affect now instead
        of ten years down the line. It may be that the Planning Commission wants another
        location for the parking island be done similarly on the east side of the auto center.

        Commissioner Jenkins commented that he preferred the island with the trees other than
        just putting some peaks on the roof just for the sake of putting some peaks there. There is
        a little more of a natural appearance with the landscaping and breaks it up nicely. He
        thought that was a reasonable solution to the problem.

        Commissioner Sawyer commented that he thought that one other thing that breaks up the
        east side of this building, compared to Target, is that Target doesn’t have any signage on
        the west side. This does have signage on the east side, which does break up that side of
        that building. He really believes that with the two bump-outs, once the building is built,
        it is going to look much different than the side of that Target.

        Mr. Chaffee stated that the only one we needed to decide how to do the wording is #3
        because that includes both the architectural features and the wrought iron fencing. He
        stated that these are large buildings and it can be difficult with the pre-tinted CMUs to
        ensure a quality of matching color throughout all the walls even though we would like to
        think so. He thought that the applicant and why we inserted in the staff report during our
        discussions, has agreed that the out-parcel buildings that are basically directly adjacent to
Shawnee Planning Commission                  -82-                                August 16, 1999

        Shawnee Mission Parkway and Maurer Road, they are willing to use that type of building
        material. They are willing to use brick; they are willing to use Dry-vit., so even those
        buildings may be a little architecturally pleasing to the eye than the large stores. He said
        if the Planning Commission is comfortable, we need to decide whether or not to go with
        the painted CMUs on Wal-Mart and Lowe’s, to do alternate treatments to the east
        elevation to include the provision of a landscaped island adjacent to the auto center no
        less than ten feet in depth and that the applicant provide the landscape plan to staff
        indicating the planting of trees that are significantly in excess of those required by
        ordinance, and may also want to include the stipulation for trees that are initially planted
        along Maurer Road up above also to give height to those trees all up and down. If we are
        not comfortable with what they are proposing, if we think that we are still not getting the
        size tree we want, staff will bring it back to the Planning Commission. He thought that
        the developer would do that. He said there should also be a decision on the provision of
        the wrought iron fence. Is it something for staff to pursue and encourage the developer to
        do and in fact, require it if it can be done where the City won’t be required to maintain it,
        or bring back an alternate solution. It sounds as though we can require it now and we can
        if there are some other questions we have regarding its placement and the City’s
        responsibility for maintaining it, it sounds as though in a couple of months we may be
        seeing a revised site plan and we can certainly revisit it at that time and just require it at
        this point, and he can get some more answers for the Planning Commission.

        Mr. Martin responded that they are fine with that if they can find where to put it.

        Commissioner Bedora asked about the size of the trees. Mr. Chaffee responded that what
        is required for a residence is 2 ½” caliper trees, so you would be getting something more
        in the range of 8-10 feet. Commissioner Bedora commented that if they bump the size of
        the tree to 3” caliper, they could get into the 15-foot range. Mr. Chaffee responded
        thought they would be able to.

        Commissioner Bedora commented about the CMUs. He said that in the applicant’s
        discussion, they have supported it well and from other areas he has seen, even to the
        extent where it would appear that they tried to do it, there seems to be a separation of a
        batch of off color. So he thought that the painting does provide consistency throughout
        the entire property and does provide the seal that was discussed to help in the appeal of
        the building over the long term. As with anything else, down the road maintenance of
        that building, painting or otherwise, is certainly the important part, to keep it as we desire
        it to be in the long term.

        PLANNING COMMISSION ACTION

        Commissioner Jenkins, seconded by Commissioner Bedora, moved for approval of Z-14-
        99-8, SP-43-99-8, and PrePlat-50-99-8, subject to staff recommendations, and with the
        following additions and deletions: Delete #19 of the Recommendations dealing with the
        wrought iron fence and focus the attention on Recommendation #3 in which the Planning
        Commission will accept painted CMUs as an acceptable treatment relative to additional
        peaks or architectural features along the east elevation and we would not ask for the
        additional peaks or architectural features, however we would look for a parking island
Shawnee Planning Commission                 -83-                               August 16, 1999

        with trees of a substantial size, exceeding the normal standards and requirements that
        Shawnee normally pose exceeding the 3” caliper size or greater and would also ask that
        be continued along Maurer Road so we get adequate landscaping along the east side; and
        ask that the portion concerning the wrought iron fence, that the wrought iron fence is a
        desirable feature and would ask that it be installed on the applicant’s property line and be
        maintained by the applicant.

        Before he asked for a vote, Chairman Mazza commented that he appreciated the applicant
        bearing with the Planning Commission, trying to draw out every item. Some of them are
        expensive for the applicant and this is kind of a good compromise, perhaps a little
        cheaper on the block and painting, but will reap some of the visual aspects which will
        make it a lot nicer appearing. He said we are losing some good neighbors who have been
        around a long time, and he hated to see them get into a second development that could be
        considered a second-rate and would like to do it as well as we can. He reiterated that he
        appreciated the applicant bearing with the Planning Commission in this time span.

        Commissioner Sawyer questioned the motion about the fence, if it could be moved to the
        back side of 65th. Chairman Mazza responded that the motion was according to
        Engineering’s decision as to that.

        Chairman Mazza asked for the vote on the motion. Motion was carried 8-0.


Item No. 10 - OTHER BUSINESS

        (1)     Mr. Chaffee advised that there are five Mondays in August so the next meeting
                will be on Tuesday, September 7th, after Labor Day.

        (2)     Mr. Chaffee handed out the preliminary agenda for the Joint Meeting with the
                City Council. Commissioner Jenkins and Commissioner Bedora both stated they
                would be out of town on the night of the Joint Meeting.

        (3)     Commissioner Sawyer about about QuikTrip at 66th and Nieman.

        (4)     Commissioner Jenkins discussed the “Project Impact” for FEMA.


        ADJOURNMENT

        There being no further business to come before the Commission, Commissioner Bedora,
        seconded by Commissioner Land, moved for adjournment. The motion was carried
        unanimously and the meeting adjourned at 10:01 p.m.

                                               Pat Sullivan
                                               Recording Secretary

								
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