Shawnee Planning Commission by tyndale

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									               Shawnee Planning Commission
                                      July 7, 1997
                                       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, Boettcher, Duckworth,
      Jenkins, Mazza, O'Connor, Rose, Sawyer and Sheridan. Absent were: Commissioners Land
      and Roche. Also present were Paul Chaffee, Director of Planning; Bryan Tucker, Associate
      Planner; and Madeline Chaney, Assistant Planner.

      The Pledge of Allegiance was recited.

Item No. 1

      Election of Officers.

      EXPLANATION OF ITEM

      Planning Director Paul Chaffee explained that the present officers are Bob Mazza,
      Chairman; Jack O'Connor, Vice Chairman; and Rick Rose, Secretary.

      PLANNING COMMISSION ACTION

      Commissioner Jenkins, seconded by Commissioner Bedora, moved to nominate Bob Mazza
      for Chairman. Commissioner Sheridan, seconded by Commissioner Bedora, moved to
      nominate Jack O'Connor for Vice Chairman. Commissioner Duckworth, seconded by
      Commissioner Bedora, moved to nominate Rick Rose for Secretary. The Chairman called
      for the vote. Motions were carried unanimously 9-0 that the officers be re-elected.

      Chairman Mazza noted that of his nine years on the Commission, the last two years have
      seen the biggest turnover of manpower than the seven years prior. He commented that there
      has been a steady growth of improvement and status that would be hard for any other
      Commission to live up to. He believes this is the beginning of a real fine Commission and he
      thought everybody owed themselves a pat on the back for it. He is pleased to be with this
      Commission.

Item No. 2

      Consider June 16, 1997, Planning Commission Minutes.




      PLANNING COMMISSION ACTION
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       Commissioner Bedora, seconded by Commissioner Rose, moved that the June 16, 1997,
       Planning Commission Minutes be approved as written. Motion was carried 7-0-2, with
       Commissioners Jenkins and Sheridan abstaining..


CONSENT ITEMS ( # 3 and 4 )


             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 any of the consent items.

       Chairman Mazza asked about item No. 3, The Rinks. He has concern about giving changes
       or concessions to a business that is in receivership. It is easy to give some changes but it is a
       little hard to take them back after the fact. He said we are talking about it is now in the
       hands of a lending agency and talking about in 90 days possibly the property will be sold,
       which is by now in two more months. He asked why do we need to make any kind of
       agreement at this time with a lame duck owner and not wait until the time that the new
       owner would take hands and he would be first-hand hearing all this.

       Planning Director Paul Chaffee responded that the reason this is even before the Planning
       Commission is that the receiver did the work without realizing that they needed to get any
       kind of a permit for it. We have been working with them over the last six weeks to do
       something so that the boards don't show any longer. They have covered them with a vinyl
       material so that you don't see the back part of the boards. The current receiver is well aware
       of all the outstanding conditions that still exist at the Rinks that the new owner will have to
       correct and maintain, not only from Planning; but also from Building Inspection and
       Engineering, there is quite a bit of work that will be undertaken. Basically what we are
       doing is the applicant did come in upon notification of the outdoor rink to get a site plan
       approved, so basically, they are in conformance rather than just sitting there for another 60
       days in non-compliance. They have done a lot of work out there, keeping it mowed, done
       some improvements with curbing. Generally, with a receiver, we don't see anything happen.
       In this situation, there are some improvements. In order to get them into compliance and get
       them in for the next 60 days while they have that outdoor rink out there, they have come to
       the Planning Commission for approval to have that hockey area out there.

       Chairman Mazza commented that some of his concern is whether that is an improvement or
       not, having that out there, instead of having a new building like it was supposed to be from
       the original site plan.

       Mr. Chaffee responded that it certainly puts the facility to work in the summertime and
       provides them some means of income out of the facility for a use that is needed and
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       necessary and to have leagues that are going on in that area at this time. He thought it
       provides some benefit to the public as a whole that the facility is providing two uses. The ice
       facility doesn't get a lot of use. This is one means where they have set up some leagues and
       are putting the facility to good use on the slab.

       Chairman Mazza asked if that would void the possibility of continuing with the second
       building. Mr. Chaffee responded no, he didn't believe it does at all.

       Commissioner O'Connor asked if the revised site plan was necessary to carry on the roller
       blade rink, or just the boards. Mr. Chaffee responded it is necessary for the boards and to
       carry on the outdoor use of that arena. He added that if it would make the Planning
       Commission more comfortable, they could amend the conditions of approval for its use
       through the first of November and then if the applicant intends to do it next spring, they
       can return to the Planning Commission. It would let the future owner know the
       circumstances.

       Commissioner Jenkins had previously thought a temporary approval may be the solution.
       At that time, the applicant could come back and renew the temporary approval or go on
       with the permanent work.

       Chairman Mazza stated he would feel better with that amendment.

       Commissioner Sawyer commented that now that they are going to make a change, they
       mow the grass and take better care of the property.

       Commissioner Bedora commented that they have made changes and he thought that it
       looks a lot better in the recent past than it has for some time.

       Commissioner Sawyer commented that it was supposed to in the beginning.

       Commissioner Bedora commented that there are different persons overseeing the operation
       and they have taken the steps for those improvements and for the care as it should be, and
       making the facility one that is certainly a benefit to the community.

       Chairman Mazza asked if this item would have to be pulled off the Consent Agenda to
       make a change, to which Mr. Chaffee responded that the Commission could probably
       make a motion to approve the Consent items with a change in the recommendations on
       The Rinks that approval is through a specific date, and then they would have to come in
       for an extension for the next year.

       Commissioner O'Connor asked if they do find a new buyer, did staff anticipate being
       opposed to leaving the outside rink there indefinitely. Mr. Chaffee responded no, he didn't
       think staff is necessarily opposed to that. He commented that it puts the slab to a good use
       and draws people to the arena. It looks pretty bleak with nothing there and an empty slab
       with activity going on inside. He thought it brings some activity into the area and gets the
       attention.
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       Chairman Mazza commented that his main concern was letting the new owner know where
       the Planning Commission stands and where he stands. If someone feels comfortable with
       amending the recommendation, he would be willing to hear a motion.

       PLANNING COMMISSION ACTION

       Commissioner Jenkins, seconded by Commissioner O'Connor, moved that SP-21-97-7 be
       amended to include the condition that temporary approval be given to the Rinks for a period
       through November 1, 1997, at which time the facility would have to come back before the
       Planning Commission for approval. Motion was carried 8-1, with Commissioner Sawyer
       voting against.

       Commissioner Jenkins, seconded by Commissioner Jenkins, moved that Consent Item 3,
       amended to include the condition that temporary approval be given through November 1,
       1997, and Consent Item 4 be approved, subject to staff recommendations. Motion was
       carried 8-1, with Commissioner Sawyer voting against.


Item No. 3

       SP-21-97-7: consider request for site plan approval to add on to the outdoor rink at 19900
       Johnson Drive. Request submitted by Mike Robben for THE RINKS.

       EXPLANATION OF ITEM

       This was a consent item.

       The applicant requests approval of a site plan for an addition to the outdoor skating area of
       The Rinks at 19900 Johnson Drive. The application is filed by Michael Robben, Receiver
       for the Rinks.

       RECOMMENDATION

       Staff recommends approval of SP-21-97-7, revised site plan for the addition of the boards
       around the outdoor skating area at The Rinks. Staff recommends approval with the
       following conditions:

       1.      The unpainted gate area on the west side of the rink shall be painted dark green or
               black to match the vinyl covering no later than August 7, 1997; and

       2.      Subject to City Council review until 5:00 p.m. Thursday, July 10, 1997.



       SITE PLAN REVIEW

       The Rinks, an ice skating and recreation complex at 19900 Johnson Drive, has been in
       operation for approximately 18 months. The original site plan, SP-46-94-12, was approved
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       by the Planning Commission on December 19, 1994. A revised site plan was approved on
       March 6, 1995.

       The original site plan included an indoor ice rink designated as “Phase 1” which includes the
       area that is currently covered by the existing building. The area designated as “Phase 2” on
       the original site plan was originally intended to include a second indoor rink. However,
       during construction, a concrete slab was poured in the area of the Phase 2, but no building
       was constructed over it. The paved area has since been used for outdoor rollerblading.

       Because of financial difficulties, the Rinks was never completed to the extent that a final
       certificate of occupancy could be issued by the City. Staff has been working with the
       applicant regarding several outstanding items that needed to be completed before a final
       certificate of occupancy could be issued.

       In the Spring of this year, the applicant contacted City staff about placing “boards” around
       the perimeter of the outdoor rink so that it could be used for roller hockey tournaments. On
       June 4, Metcalf State Bank foreclosed on the Rinks, and was the successful bidder at the
       Sheriff’s auction. According to information supplied by the applicant, the bank intends to
       sell the property after a 90 day waiting period, and has received 3 offers.

       In the interim, the applicant is trying to maintain activity and serve existing customers
       through outdoor roller hockey tournaments. To that end, the Rinks staff has constructed
       “boards” around the outdoor rink to keep the hockey puck in play. A nylon net projects
       approximately 4 feet above the boards to contain airborne shots. In the past week, the
       applicant has also wrapped the boards with nylon fabric to give the arena a more finished
       appearance. There is one area on the west side of the rink which is used for access from the
       boxes to the rink which remains unfinished. Staff has requested, and the applicant has
       agreed to paint the gates dark green or black to match the vinyl on the remainder of the
       boards.

       PLANNING COMMISSION ACTION

       Item No. 3, SP-21-97-7, site plan for The Rinks, was approved as a Consent Agenda item,
       amended to include the condition that temporary approval be given through November 1,
       1997, on page 4.

       REPEAT OF CONSENT AGENDA MOTION:

       Commissioner Jenkins, seconded by Commissioner Jenkins, moved that Consent Item 3, amended to include
       the condition that temporary approval be given through November 1, 1997, and Consent Item 4 be approved,
       subject to staff recommendations. Motion was carried 8-1, with Commissioner Sawyer voting against.



Item No. 4

       SP-23-97-7: consider request for site plan approval for the construction of WESTGLEN
       ENDOSCOPY CENTER, a medical office building at 16663 Midland Drive. Request
       submitted by HMN Architects for Dr. Charles Brooks.
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       EXPLANATION OF ITEM

       This was a consent item.

       The applicant requests site plan approval for construction of a medical facility at 16663
       Midland Drive, Lot 11, WestGlen Center, 6th Plat. The application is filed by HMN
       Architects for Dr. Charles Brooks.

       RECOMMENDATION

       Staff recommends approval of SP-23-97-7, site plan for construction of WestGlen
       Endoscopy Center, 16663 Midland Drive, subject to the following conditions:

       1.      That the applicant submit two (2) copies of revised site plans to the Planning
               Department prior to issuance of a building permit showing the following technical
               item:

                       Plan sheet A1 (site plan and landscape plan sheets) shall be revised to reflect
                       the use of a tree species other than Bradford pears in the area south of the
                       building;

       2.      Sign permits shall be obtained from the Planning Department prior to installation of
               any proposed signs;

       3.      The parking lot shall be designed and built in accordance with the City's established
               design criteria, and shall be constructed prior to issuance of an occupancy permit;

       4.      An open space fee in the amount of $ 795.84, based on the open space fee rate of 3
               cents/ square foot of lot area, shall be paid prior to issuance of a building permit for
               this site;

       5.      Erosion control measures shall be in place during construction;

       6.      The applicant shall submit two (2) sets of complete stormwater drainage plans for
               approval prior to issuance of a building permit. Drainage improvements within public
               easements or right-of-way shall conform with the City's Manual of Technical
               Specifications and Design Criteria;

       7.      Prior to obtaining a building permit or commencing construction, the applicant shall obtain
               a Right-of-Way Work Permit (Form A) for connections to the public stormwater system;

       8.      New parking lot lighting shall conform with existing light standards in the WestGlen
               parking lot, and shall be directed away from residences and street rights-of-way;

       9.      All landscaping shall be in place prior to issuance of a final occupancy permit;

       10.     Fire hydrant locations shall be approved by the Fire Chief and installed prior to
               issuance of a building permit; and
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       11.     Subject to City Council review until 5:00 p.m. Thursday, July 10, 1997.

       SITE PLAN REVIEW

       1.      The applicant requests site plan approval to construct a 6,900 square foot medical
               building on a tract of approximately 0.61 acres in WestGlen Center. The proposed
               building would be constructed in the west part of the center, between the Hampton
               Inn, which is currently under construction, and the recently-completed WestGlen
               Primary Care Center.

       2.      The subject property is zoned POC (Planned Office/Commercial), and platted as Lot
               11, WestGlen Center, 6th Plat. It is adjoined on the north, east, and west by
               buildings and parking in WestGlen Center, and will be the final parcel to be
               developed in the Center. Adjoining property south of the subject tract is within the
               floodplain of Little Mill Creek, and will be utilized for open space, easements, and
               for construction of a trail segment in the Johnson County Parks and Recreation trail
               system.

       3.      The proposed use is in conformance with the Land Use Guide of the Comprehensive
               Plan, which anticipates development of commercial and office uses in the vicinity of
               Midland Drive and Renner Road.

       4.      Building materials are consistent with those in the remainder of WestGlen Center,
               and include a combination of king sized brick, glassed window areas, and a pre-
               finished standing seam metal roof. Exterior walls will be composed primarily of
               Acme “Marble gray” king-sized brick, with Acme “Koko plus chocolate” used as
               accents in band courses along the roof line, two feet below the roof line, and one foot
               above the ground. The dark brown bricks will also be placed as “header” bricks
               (short end exposed) at eight foot intervals throughout the exterior walls. A metal
               roof cap, “Buckskin” in color, will be used along the roof line.

               A peaked canopy will be placed at the northwest corner of the building for patient
               drop-off and pick-up. The canopy supports and gable ends will be finished with the
               “Marble gray” brick with accent courses of the “Koko plus chocolate” to match the
               building brick. Cobalt blue tiles will be placed at the top of the canopy gable end and
               on the supports to tie in with the tiles within the remainder of the WestGlen Center.
               An up-lighted translucent “Kalwall” skyroof system, “rose” (light bronze) in color,
               will be used as the roofing material on the canopy.

       5.      The proposed Endoscopy Center will share the dumpster with the neighboring
               WestGlen Primary Care Center for trash disposal. The applicant has submitted a
               letter indicating that permission has been granted for sharing trash pickup services.
               The existing dumpster is located within a brick trash enclosure in an area southwest
               of the proposed building. Mechanical equipment will be roof-mounted and screened
               with “Buckskin” colored standing seam metal panels.

       6.      All bulk requirements have been satisfied. The building will be constructed within
               the last remaining outparcel within WestGlen Center.
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       7.      Access to the site will be provided via 24-foot-wide cross-access easements from
               Renner Road and Midland Drive.

               Thirty-six (36) parking stalls, plus 2 handicapped accessible spaces, are being
               provided. The number of spaces being provided is 10 short of the parking required
               for this medical building, however, there is adequate parking elsewhere within the
               shopping center that would be available for use by the Endoscopy Center’s clients.

       8.      The parking lot shall be designed and built in accordance with the City's established
               design criteria, and shall be constructed prior to issuance of an occupancy permit.

       9.      Open space trees shown on the landscaping plan meet code requirements. A
               combination of Redbud and Flowering Crabapples will be used as open space trees
               on parking lot islands and in the lawn area around the building. A variety of
               deciduous and coniferous shrubs and ground covers will be used to complement the
               open space and parking lot trees.

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

       11.     Submitted plans indicate two wall signs, one on the canopy at the northwest corner of
               the building, and one on the west facade. The allowable size for the canopy sign is
               10 percent of the wall area, or approximately 5 square feet. The allowable sign area
               for the wall sign on the west would be 5 percent of the wall area, or approximately
               49.5 square feet. Sign permits shall be obtained from the Planning Department prior
               to installation of any signage.

       12.     Parking lot lighting will be provided with pole-mounted lighting to match the
               existing light fixtures in the remainder of WestGlen Center. The lighting shall be
               adequately shielded from adjacent properties and street rights-of-way. All utilities
               are required to be placed underground.

       13.     The required public improvements for WestGlen Center have substantially been
               completed. Therefore, the provisions of SMC Chapter 12.28 (Peripheral Street Fund
               requirements) and SMC Chapter 16.16.060 (pertaining to the construction of streets
               and sidewalks) have been satisfied.

       14.     Submitted drainage information is not adequate for City Engineering staff to evaluate with
               this submittal. The applicant will need to contact the City Engineer about revisions to the
               grading plan and submit two (2) sets of final stormwater drainage plans for approval prior
               to issuance of a building permit. Drainage improvements within public easements or right-
               of-way shall conform with the City's Manual of Technical Specifications and Design
               Criteria.

               Prior to obtaining a building permit or commencing construction, the applicant will need to
               obtain a Right-of-Way Work Permit (Form A) for connections to the public stormwater
               system.

       15.     The applicant submitted application to the Federal Emergency Management Agency
               for a "Conditional Letter of Map Revision" (CLOMR) at the initiation of
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               construction of WestGlen Center, based on changes that are being made to the
               channel of Little Mill Creek and associated drainageways in the area. After the
               improvements in the Center have been completed, a request for a "Letter of Map
               Revision" (LOMR) will be initiated by the applicant to change the Flood Insurance
               Rate Map for this area in accordance with the improvements to the channel.

               More than five acres of the overall WestGlen site have been disturbed during the
               course of the center's construction; therefore, an Environmental Protection Agency
               National Pollutant Discharge Elimination System (NPDES) Permit (Construction
               Activity Form 1) from the Kansas Department of Health and Environment was
               required.

       16.     Erosion control measures are not shown on the submitted site plan. Complete
               grading plans, showing measures for erosion control, shall be submitted to the
               Engineering Division prior to issuance of a building permit. Erosion control
               measures are required to be undertaken and shall be in place during all construction.

       17.     The site contains approximately 0.61 acres (26,528 square feet). An open space fee
               in the amount of $ 795.84, based on the open space fee rate of 3 cents/ square foot of
               lot area, shall be paid prior to issuance of a building permit for this site.

       18.     Fire hydrants are not shown on submitted plans. Fire hydrant locations shall be
               approved by the Fire Chief and installed prior to issuance of a building permit.



       PLANNING COMMISSION ACTION

       Item No. 4, SP-23-97-7, site plan for WestGlen Endoscopy Center, was approved as a
       Consent Agenda item on page 4.

       REPEAT OF CONSENT AGENDA MOTION:

       Commissioner Jenkins, seconded by Commissioner Jenkins, moved that Consent Item 3, amended to include
       the condition that temporary approval be given through November 1, 1997, and Consent Item 4 be approved,
       subject to staff recommendations. Motion was carried 8-1, with Commissioner Sawyer voting against.



NEW BUSINESS

Item No. 5

       SUP-6-97-6: consider request for a special use permit to increase the number of children
       allowed at CHRISTOTS COUNTRY DAY SCHOOL from a maximum of 24 children to
       36 children, at 21403 Midland Drive. Request submitted by Phillip and Linda Steck.

       EXPLANATION OF ITEM
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       Associate Planner Bryan Tucker explained that the applicant requests a special use permit to
       increase the number of children allowed at Christots Country Day School, a commercial
       child care facility located at 21403 Midland Drive, from a maximum of 24 children to 36
       children. The application is filed by Phillip and Linda Steck, owners.

       SPECIAL USE PERMIT AND SITE PLAN REVIEW

       1.      The applicant requests a special use permit and site plan approval to operate a child
               care facility for up to thirty-six (36) children, an increase from the maximum of
               twenty-four (24) established with approval of a previous special use permit (SUP-5-
               94-7). Day care centers are allowed by special use permit in all commercial districts.
               The subject property is zoned CH (Commercial Highway), with similar zoning in all
               directions except to the south, which is zoned R-1 (Single Family Residential).

       2.      Surrounding land uses include a single family residence to the west, a commercial
               building utilized for storage purposes to the north, and undeveloped property to the
               south and east. Further to the northeast is a commercial business, Tire Town.

       3.      The Land Use Guide of the Comprehensive Plan designates the area south of
               Midland Drive for low density single family residential uses. The area between
               Midland Drive and Shawnee Mission Parkway is anticipated for future commercial
               and medium-density residential development.

               While commercial land use is not shown for this area, the house has been utilized as
               a residence for numerous years and will continue to serve as a residence with the
               owners occupying the second floor of the building. The structure has maintained,
               and will continue to maintain, its residential character despite the fact that the bottom
               floor has been converted for use as a day care center.

       4.      The applicants have been operating the facility under a license from the State of
               Kansas for up to ten (10) children since 1993. A copy of the current license is
               attached. The applicants have indicated that they will apply for a State license for
               the requested thirty-six (36) children if the special use permit is approved by the
               City.

               State guidelines call for a maximum of one child per thirty-five (35) square feet of
               floor area, thus requiring at least 1,260 square feet for the operation of a facility to
               accommodate thirty-six (36) children. The State Department of Health and
               Environment has reviewed the floor plan, as submitted by the applicant, and has
               indicated general compliance with child care center regulations. Final unit
               measurements and approval are determined by the Johnson County Health
               Department upon completion of the building. A copy of the new State license shall
               be submitted to the Planning Department prior to increasing the number of children
               to any number larger than the ten (10) for which the facility is currently licensed.
               Should the number of children permitted under State guidelines be determined to be
               less than thirty-six (36) after final inspection, the Special Use Permit will be
               modified at its first annual review to reflect the actual number approved.
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       5.      The applicant has previously been in contact with the Fire Marshal and Chief
               Building Official regarding Life Safety and Building Code requirements for the child
               care facility. A facility for more than twelve (12) children is subject to more
               stringent regulations than one serving less than twelve (12) children. It is the
               applicant's intent to upgrade the facility for use as a commercial day care center on
               the first floor of the building. A professional architect has been contracted to design
               all improvements in compliance with safety and code requirements. Such plans shall
               be submitted to the City for approval and be completed prior to expansion of the
               facility to serve more than twelve (12) children.

       6.      The applicant has provided the required site plan for the project, indicating the
               location of parking, play areas, access ways, and landscaping. The only proposed
               change to the exterior of the residence is the installation of white siding, to go along
               with the red brick and gray composition roof.

       7.      Access to the property is from Midland Drive and is adequate for public safety
               purposes. The site plan indicates a total of eight (8) parking stalls, two (2) of which
               are provided for the residence. The applicant has indicated that there will be one (1)
               part-time employee and two (2) full-time employees in addition to herself. The
               number of employees is dependent upon the ages and number of children at the
               facility, as regulated by the State. The employees, other than the Stecks, will not
               reside at the residence.

       8.      The use of the house as a residence and commercial day care center should not
               jeopardize the welfare of adjacent property owners or the public at large. The day
               care center will primarily be conducted within the structure. A fenced play area is
               provided in the rear yard area for all outside activities.

       9.      The proposed use should not cause any detrimental effect upon surrounding
               properties. The facility is regulated by State laws regarding activities and
               supervision of the children, and will operate during business hours of 6:00 a.m. to
               6:00 p.m., Monday through Friday. On evenings and weekends the use will be as a
               residence.

       10.     While the site is within a quarter-mile of Shawnee Mission Parkway, a designated
               arterial street, Peripheral Street Fund requirements are not applicable since the street
               is improved to City standards.

               Access is from Midland Drive, a street which does not comply with current City
               standards. In lieu of off-site improvements, the applicant shall submit a Covenant of
               Non-Opposition, along with the necessary recording fee, to the future improvement
               of this street. The document shall be submitted prior to issuance of a building
               permit.

               The applicant shall design a new driveway entrance and culvert in accordance with City
               design criteria. Drainage calculations for the new culvert pipe shall be submitted to the
               City Engineer for approval and a work-within-the-right-of-way permit obtained prior to
               installation.
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       11.     The site plan indicates that additional impervious area will be created by this project.
               Stormwater detention requirements shall be satisfied through fee payment, based on
               $5,000 per acre of impervious area created. The applicant shall be responsible for
               calculating the number of square feet of impervious area (both gravel and pavement)
               with the figure submitted to the Engineering Division. The detention fee shall be
               paid prior to issuance of a building permit.

       12.     The area disturbed within the site will be less than five acres, therefore, the applicant
               is not required to apply for an Environmental Protection Agency National Pollutant
               Discharge Elimination System (NPDES) permit from the Kansas Department of
               Health and Environment. Erosion control measures shall be provided throughout
               construction and shall be indicated on the site plan submitted for a building permit.

       13.     A monument sign is indicated to be placed in the front yard area. A sign permit is
               required prior to installation of any signage at the center.


       RECOMMENDATION

       Staff recommends approval of SUP-6-97-6, special use permit and site plan for the
       expansion of Christots Country Day School, a child care center at 21403 Midland Drive,
       subject to the following conditions:

       1.      Review of the special use permit in one (1) year;

       2.      No more than ten (10) children and no employees are allowed prior to the applicant
               complying with all applicable Life Safety and Building Code requirements for a day
               care center, with a maximum of thirty-six (36) children when all requirements are met;

       3.      The hours of operation be limited to 6:00 a.m. to 6:00 p.m., Monday through Friday;

       4.      The applicant provide staff with a copy of the State license indicating the maximum
               number of children allowed prior to increasing enrollment at the center;

       5.      Only the ground floor be utilized for day care operations;

       6.      All driveway and parking areas be paved prior to expansion of the facility;

       7.      The applicant shall submit a Covenant of Non-Opposition, along with the necessary
               recording fee, for the future improvement of Midland Drive;

       8.      All street improvements within the right-of-way, including culvert size, be approved
               by the City Engineer prior to construction;

       9.      The applicant shall submit calculations to the Engineering Division regarding the
               impervious area created by the project. Payment of the stormwater detention fee
               shall be required prior to issuance of a building permit;
Shawnee Planning Commission                    -13-                             July 7, 1997



       10.     Erosion control measures shall be shown on the building permit plans and shall be
               utilized throughout construction;

       11.     The applicant obtain a sign permit prior to installation of any signs at the facility;
               and

       12.     A special use permit be obtained prior to any future expansion of the facility.

       PUBLIC DISCUSSION

       Representing the applicant was Vince Latonna, architect for the project, as the owners were
       out of town.

       Commissioner Sheridan asked how many children were there for the past year, to which Mr.
       Latonna responded there were ten.

       No one spoke in opposition.

       PLANNING COMMISSION DISCUSSION

       Commissioner Jenkins expressed some concerns on extending a home-type daycare center
       from 10 children to 36 children, noting that was quite a jump. It takes it out of the home and
       turns it into a commercial day care center without all the improvements that normally go
       with that, such as the playground area, exits and entrances, safety measures, and all the good
       things that would normally be there if the building were designed to be a day care center. He
       has some difficulty approving this the way it is right now. On the surface, it is not the
       activity he would encourage.

       Mr. Latonna responded that the applicants will have to comply with all the requirements of
       the State licensing regulations and also any Building Code requirements other than that,
       which would involve exits, bathroom facilities, etc., so the building would have to be in total
       compliance before anything happened at all.

       Commissioner Jenkins stated he had read that in the staff report, but he still had a problem
       with this and he felt it did set a precedent in the community for other people who may want
       to come in and do similar or other types of operations within a residential structure and
       modify the use and turning it into a commercial day care center.

       Mr. Latonna explained one of the reasons this whole expansion was initiated. The parents of
       the children who are there now have younger children who they want to be able to put into
       the day care center and they just don't have that capacity right now. The parents don't want
       to take the children two places so they will have to take the children someplace else if the
       applicants don't have the space. It was really initiated by the parents and their interest.

       Commissioner Sheridan asked if there had been any discussion with the residents on the
       west. Mr. Latonna didn't know if the applicants had talked to the residents or not, noting that
       they got notification about this, and the owners hadn't indicated to him any problem about it.
Shawnee Planning Commission                    -14-                            July 7, 1997



       Mr. Chaffee explained that this location is in a Commercial Highway zoning district. It is
       not in a single family residential area. Under the CH regulations, the owner of a business is
       allowed to live in the structure where a business is located. Two years ago, the applicants
       had approval to go to 24 children pending some interior modifications. That is what their
       current Special Use Permit is being allowed for. They will be taking an additional space on
       that lower floor that they had not intended to finish off and will finish off that area so they
       will have enough room for up to 36 children. Staff has talked with the State; they have not
       been out to do the calculations. It may be that once all the calculations are run, the
       applicants won't be allowed to have 36 and that is why, if approved, the applicants will have
       to submit, on their first review, how many children the State allows. The entire floor area is
       not counted. The State will exclude closet areas, bathroom facilities, some of those areas,
       and he didn't know if that had been run with the initial calculations. Staff has also talked
       with State about their timing for their inspection. He just wanted to make it clear that it is
       not a home in a single family residence that is being converted to a commercial operation. It
       is a property that is in a commercial zoning district. Commercial day cares are an allowed
       use in the Commercial Highway zoning district. Perhaps in this case, there is a little more
       oversight of the property than one where everybody leaves at 6:00 p.m.

       Commissioner Boettcher noted that as he understands it, the applicants are currently licensed
       for ten children but permitted up to 24, so now we are bumping the permit up to 36 with the
       licensing not to exceed 36 and the square footage that the State uses is only going to be on
       the first floor, minus some closets. Mr. Chaffee responded that was correct, adding that the
       use of the facility for the child care operation is limited to the first floor.

       Commissioner Boettcher asked if we had any other child care facility that is analogous to
       this in Shawnee somewhere. Mr. Chaffee responded that the one that comes closest and is a
       non-conforming use would be Peppermint Patty's on Nieman Road. It is actually located in
       a single family residential zoning district.

       Commissioner Boettcher asked if this would be similar to a house on a street that is in a
       transition from residential to commercial, now it is converted to an office. Mr. Chaffee
       responded this is not necessarily in an area that is changing. This has been zoned CH since
       Midland Drive was the Old K-10 Highway in the early 1970's. That is one of the reasons
       they purchased the property, knowing that it was CH and it was a use that would be allowed
       by a Special Use Permit which would allow them to also live at the site.

       Commissioner Boettcher asked which would be more out of character for this location, a
       residence or a commercial operation.

       Mr. Chaffee responded that further to the west are a couple of houses that are built, further to
       the east are Tire Town, the old Royal Greenhouse, the gasoline station at Woodland. It
       tends to have more commercial uses to the east and a couple of newer residential uses to the
       west.

       Commissioner Sawyer asked if residences run up next to this. Mr. Chaffee responded that
       there is a residence not on the lot immediately adjacent but on the next one. Everyone within
       200 feet has been notified of what the request is for.
Shawnee Planning Commission                    -15-                            July 7, 1997



       Chairman Mazza asked what kind of time span there was for the construction. Mr. Latonna
       responded that the applicants are fairly anxious to get it in for the next school year because
       as soon as the older children go back to school, the parents want to be able to put the
       younger children in the daycare. He added that there is not much finishing off, just a garage
       and modifying the bathroom.

       Commissioner Jenkins commented that was what was bothering him. This was designed to
       be a house, and converted to put 36 kids into it. He was uncomfortable with that, cramming
       36 kids on the first floor of a house. It was designed to be a house, not a daycare center. It is
       going to meet some basic Codes, the minimum requirements, but he didn't know if that was
       the kinds of use he would encourage for this type of structure.

       Mr. Latonna commented that, from an architectural view, one of the things he was impressed
       with when he first went in there, and one of the very things he liked about it, was that it had a
       real residential feeling. There is a kind of a sun room on the south side. If they were his
       children, they would feel more like they were at home, instead of a commercial building.

       Commissioner Jenkins said he believed Mr. Latonna and he agreed with him, but there is a
       difference between 10 children and 36 children. It will get chaotic and will not feel like a
       little family sitting anymore.

       Commissioner O'Connor commented that if the plan meets the State licensing requirements
       and it is in an appropriate zoning area, and the neighbors are not complaining, he didn't see
       any big reason not to approve this plan, and he would support that.

       PLANNING COMMISSION ACTION

       Commissioner O'Connor, seconded by Commissioner Sawyer, moved for approval of SUP-
       6-97-6, subject to staff recommendations. Motion was carried 8-1, with Commissioner
       Jenkins voting against.


Item No. 6

       SUP-7-97-7; SP-22-97-7: consider request for site plan approval and a special use permit
       to allow MING YUEN RESTAURANT to construct a storage building in the CH
       (Commercial Highway) zoning district at 10815 Shawnee Mission Parkway. Request
       submitted by Ralph Hein for Evelyn Ho.

       EXPLANATION OF ITEM

       Assistant Planner Madeline Chaney explained that the applicant requests a special use
       permit and site plan approval for construction of an accessory storage building behind the
       Ming Yuen Restaurant at 10815 Shawnee Mission Parkway. The application is submitted
       by R. Lindsay Hein Architects for Stanley and Evelyn Ho, owners.

       SPECIAL USE PERMIT
Shawnee Planning Commission                    -16-                            July 7, 1997



       1.      The applicant requests a special use permit and site plan approval to construct a storage
               building with offices in the vicinity of 10815 Shawnee Mission Parkway. The subject
               property is zoned CH (Commercial Highway), and the north half of the tract is developed
               with a Chinese restaurant (formerly McDonald’s) with a drive through window.

       2.      Surrounding land uses include the Shawnee Mission Parkway frontage road north of the
               existing restaurant building, and highway commercial uses further north, across the
               Parkway. Older single family residences in the Blackhawk Addition are developed on land
               zoned R-1 (Single Family Residential) to the south, across 64th Street.

               Property immediately east of the subject tract is zoned CH. The northern part of the
               adjoining property is developed with the Shoppers Park shopping center; the southern part,
               which would adjoin the proposed storage building, is developed with single
               family residences on land that is also zoned CH. The Goodyear repair center, near the
               Shawnee Mission Parkway frontage road, and an office building at the northeast corner of
               Ballentine and 64th St., are west of the subject tract on property which is zoned CH.

       3.      The Land Use Guide of the Comprehensive Plan anticipates development of commercial
               uses on the subject tract and in the area near the Parkway. The proposed storage building is
               generally in conformance with the land use plan, because offices and incidental storage space
               are considered commercial uses.

       4.      The Zoning Ordinance defines accessory uses as uses which are “clearly incidental to” the
               principal use on a lot. The existing restaurant has 3,167 square feet of finished area on the
               ground floor, and 3,167 square feet of unfinished storage area in the basement, a total of
               6,334 square feet. The proposed storage building would be located behind (south of) the
               existing restaurant, and with a proposed area of 5,000 square feet, would have slightly less
               floor area than the restaurant. However, the proposed storage building would have a larger
               “footprint” than the restaurant because the entire floor area would be above ground.

               Staff has some concerns about the addition of an “accessory” building of this size on the tract
               because of the question of whether or not it would meet the definition of an accessory
               structure. On the other hand, however, the proposed structure would provide an area for the
               applicant to store equipment and supplies which are currently being stored in the parking lot
               in violation of the Zoning Ordinance. Staff views the addition of the proposed storage
               building as a positive change compared when compared to the existing situation. Denial of
               the application would therefore have no clear benefit to the public.

               The applicant has indicated that the proposed building is for storage of equipment and non-
               perishable food items for the several restaurants that they own in the metropolitan area. An
               accessory use is defined as a use that is incidental to the principal use on the site, but at the
               proposed size, there is the potential that the building could be sold to a separate owner for
               use as offices or a small distribution and warehousing facility. Should the proposed building
               change ownership or have a significant change in use, the subject property would be required
               to be re-platted and a revised site plan submitted to address parking and related issues.



       SITE PLAN REVIEW
Shawnee Planning Commission                    -17-                            July 7, 1997




       1.      The applicant requests site plan approval of a 5,000 square foot storage building on the
               southeast portion of the subject property. The proposed one story, L-shaped building would
               have an exterior finish of face brick to match the brick on the existing restaurant on the south
               and north facades. Thus, brick would be on those facades which are visible from the
               residential area on 64th Street and from Shawnee Mission Parkway.

               The applicant is proposing to use an exterior finish of light tan (“Saddle Tan”) metal panels
               on the majority of the west and east facades. While these sides are less visible from a public
               street or residentially-zoned property, staff has reservations about the use of metal panels on
               a commercial building, particularly because the Commercial Buildings Policy encourages
               the use of “durable materials such as scored block” on elevations which do not face a street
               or residential areas.

               The architect has submitted specifications which indicate that NCI Building Systems “WP”
               series wall panels would be used. The 24 gauge panels have concealed fasteners, and are
               fabricated with alternating courses of raised and depressed panels which would provide a
               shadow-like appearance. However, at this writing (July 2, 1997), staff had not been
               provided an assembled sample of the metal wall panels that would show how they would
               appear once assembled. The architect has indicated that an assembled sample will be
               provided for the Planning Commission meeting on July 7.

               One 10’ x 10’ overhead door would be placed at ground level on the south end of the west
               side of the building, and one 10’ x 8’ dock-height door would be placed on the south side of
               the west wing. A planter island would be constructed in the parking area west of the
               overhead doors to provide screening of the loading areas.

               A metal roof fascia is proposed on the north, south, and west elevations, to screen
               mechanical equipment and provide a roof line similar to that of the restaurant, which has a
               mansard roof. The applicant’s architect has not supplied adequate information regarding the
               style of roof fascia that is proposed. Staff recommends that, should the Planning
               Commission determine that the use of metal is appropriate at this location, a batten seam or
               standing seam roof fascia be used. Because of the elevation change on this site, rooftop
               equipment will be visible from the 64th Street right-of-way in the absence of screening on
               the east side of the roof. Staff recommends that the proposed roof fascia extend to the east
               side of the roof to screen mechanical equipment from all directions.

               Should the Planning Commission determine that the use of the proposed metal panels is
               appropriate, staff recommends that a condition be added that overhead doors, trim, and roof
               panels shall be the same color as those for the walls, in accordance with the City's Commercial
               Development Guide.

       2.      Bulk requirements have been satisfied. The proposed building would be located 50 feet
               from the 64th Street right-of-way, exceeding the 30 foot front yard requirement for the CH
               zoning district.

       3.      There is an existing wood fence on the east property line of the subject tract. It is in poor
               condition due to brush and small trees on the adjoining property which has grown into the
               fence and pushed it over in some spots. Because there are existing residences on the
Shawnee Planning Commission                    -18-                            July 7, 1997



               adjoining property, staff recommends that the fence be replaced. The existing fence extends
               to the 64th Street right-of-way, which would present visibility problems for trucks or cars
               entering the site. The replacement fence shall not extend beyond the required front building
               line (30 feet from the 64th Street right-of-way) on the 64th Street frontage.

               Staff also noted, during inspection of the site, that the existing ornamental fence in front of
               (north) the principal building was badly rusted and in need of paint. The fence shall be
               repainted prior to issuance of a final occupancy permit for the proposed accessory structure.

               Submitted plans show the east wall of the proposed storage building placed on the east
               property line. Setback regulations for the CH district provide that side yards may be reduced
               to 0’ when adjoining property which is not zoned for residential development. In this case,
               the building wall will serve as a portion of the fence in the area where it adjoins the property
               line.

       4.      Access to the proposed storage building would be provided via existing driveways on the
               north (connecting to the Shawnee Mission Parkway frontage road) and from a driveway to
               64th Street. The drive on 64th Street includes a raised median and is currently chained to
               prevent through traffic. Submitted plans indicate that the raised median will be removed and
               a new gate placed in the driveway.

       5.      The Zoning Ordinance requires that handicap parking spaces be distributed throughout
               parking areas so that accessible parking is provided to all buildings. Prior to issuance of a
               building permit, the applicant shall submit two (2) copies of a revised parking lot plan
               showing parking lot striping signage to include one handicapped space near the storage
               building in the area around the proposed building. The parking lot shall be re-striped and
               signed to include one handicapped space near the storage building in accordance with
               Ordinance requirements.

       6.      Submitted landscape plans show planting of Austrian Pines and Bradford Pears on the north
               and south frontages and in a new landscape island west of the proposed storage building.
               Staff has discouraged the use of Bradford Pears because of their tendency to break easily.
               Prior to issuance of a building permit, the applicant shall submit 2 revised copies of the
               landscape plan showing an alternate tree species which is less prone to breakage than
               Bradford Pear.

       7.      There is an existing 10 foot wide utility easement which bisects the property from east to
               west behind (south) the existing restaurant. Utility extensions for the proposed building shall
               be placed underground.

       8.      Submitted plans do not show the addition of any proposed signage. Because there is a
               monument sign on the north frontage, and a wall sign on the existing restaurant only wall
               signs would be allowed for the proposed building. Sign permits shall be obtained from the
               Planning Department prior to installation of any signs.

       9.      There are existing lights within the parking lot which are shown on submitted plans. No
               additional lighting is shown. Any additional lighting shall be shielded or directed away from
               residences and street rights-of-way in accordance with Zoning Ordinance requirements.
Shawnee Planning Commission                    -19-                             July 7, 1997



       10.     The project is not subject to SMC 12.28, regarding Peripheral Street Fund requirements.

       11.     The site contains approximately 1.27 acres (55,437 square feet). An open space fee in the
               amount of $ 1663, based on the open space fee rate of 3 cents per square foot of lot area,
               shall be paid prior to issuance of a building permit for this site.

       12.     The area disturbed within the site will be less than five acres, therefore, the applicant is not
               required to apply for an Environmental Protection Agency National Pollutant Discharge
               Elimination System Permit from the Kansas Department of Health and Environment.
               However, erosion control measures will be required to be shown on plans submitted for a
               building permit, and shall be maintained during construction.

       13.     There is an existing trench type drain that runs from east to west through the center of the
               property. Over time, that drain has become clogged with gravel and other debris from the
               parking lot so that it is no longer operational. The drain shall be cleaned and brought back
               up to a functional capacity in conjunction with the construction of the proposed storage
               building.

       RECOMMENDATION

       Staff recommends approval of SUP-7-97-7 and SP-22-97-7 , special use permit and site plan
       for an accessory storage building to be located at 10815 Shawnee Mission Parkway. While
       the proposed building is larger than would customarily be defined as an “accessory
       building”, construction at this location would provide much-needed storage space for the
       applicant, and will help resolve an unsightly situation on the subject property.

       Staff recommends approval of the special use permit and site plan, subject to the following
       conditions:

       1.      That the Planning Commission approves the use of the proposed metal panels on the east and
               west facades. Overhead doors, trim, and roof panels shall be the same color as the walls, in
               accordance with the City's Commercial Development Guide.

       2.      That prior to the issuance of a building permit, the applicant shall submit 2 revised copies of
               the site plan showing the following technical items:

                     A revised parking lot plan showing parking lot striping and signage to include one
                     handicapped space near the storage building;

                     A revised landscape plan showing a tree species other than Bradford Pear which is not
                     prone to breakage;

                     The replacement fence on the east property line shall not extend beyond the required
                     front building line (30 feet from the 64th Street right-of-way) on the 64th Street
                     frontage.

       3.      The existing ornamental fence in front of (north) the principal building shall be repainted
               prior to issuance of a final occupancy permit for the proposed accessory structure;
Shawnee Planning Commission                    -20-                            July 7, 1997



       4.      The portion of the parking lot near the proposed storage building shall be re-striped and
               signed in accordance with Ordinance requirements to include one handicapped space near
               the storage building;

       5.      Utility extensions for the proposed building shall be placed underground;

       6.      Erosion control measures will be required to be shown on plans submitted for a building
               permit, and shall be maintained during construction;

       7.      The trench drain which runs through the center of the property shall be cleaned and brought
               back up to a functional capacity in conjunction with the construction of the proposed storage
               building;

       8.      Should the proposed building change ownership or have a significant change in use, the
               subject property shall be re-platted and a revised site plan submitted;

       9.      Any additional lighting shall be shielded or directed away from residences and street rights-
               of-way in accordance with Zoning Ordinance requirements;

       10.     Review of the special use permit in one (1) year; and

       11.     An open space fee in the amount of $ 1663, based on the open space fee rate of 3 cents per
               square foot of lot area, shall be paid prior to issuance of a building permit for this site.

       QUESTIONS FROM COMMISSION

       Commissioner Jenkins questioned the handicapped parking for the storage building. Mrs.
       Chaney responded that there are plans in the future for an office space within the storage
       building. Commissioner Jenkins thought the storage building was for the owner and wasn't
       sure handicapped parking would be needed for a storage building for the owner. Mrs.
       Chaney responded that she understood, adding that it is the intent of the regulations is that
       every building on a site be served. The possibility in the future that this could be spun off to
       a different user that could be a complete change.

       Commissioner Jenkins noted that at that time, there would be site plan approval for the
       modified changes and would require the parking at that time.

       Chairman Mazza asked if the building was situated to where if it was spun off, it would pass
       the footage from the side yard. Mrs. Chaney responded yes, adding that they are allowed a
       0-foot side yard on one side and this building will be right up against the property line. They
       could potentially have a separate access from 64th Street. There is an existing access back
       there now that is closed off and gated. If at some point in the future they wish to open up
       that access, it is a possibility as well.

       Chairman Mazza asked if it was a chain link fence to the east. Mrs. Chaney responded that
       actually at this point, there is a wood fence that was probably built with the McDonalds. It's
       hard to tell exactly where the trees are without a survey. It appears that they are on the
       neighboring property and they have actually grown into the fence and pushed portions of it
Shawnee Planning Commission                    -21-                            July 7, 1997



       down. Staff has asked Code Enforcement to look into that and contact the neighboring
       property owner about trimming the trees just because it is so overgrown, it is like a jungle.

       Commissioner O'Connor asked what exactly was being stored there now and how they are
       storing it. Mrs. Chaney responded that when she was out there, she saw some buffet tables
       and steam tables, so it could be that they have been moved inside the trash enclosure.

       Commissioner O'Connor asked if the inspection was the result of some complaints, to which
       Mrs. Chaney responded no.

       Commissioner Boettcher commented that he didn't see anything out in the parking lot now
       other than weeds. He wondered if they were storing things out there that should not have
       been stored out there. Mrs. Chaney responded that in commercial districts, stored items are
       supposed to be behind a fence or within a building.

       Commissioner Boettcher questioned that we weren't enforcing whatever regulations we have
       on that, if they were storing things that they shouldn't be storing. Mrs. Chaney responded
       that she didn't know that they were completely visible from a main street.

       Commissioner Boettcher was concerned that we have a parking lot that, for some reason, we
       are having a hard time getting our arms around and keeping under control. On the one hand,
       it would seem that a large building would allow them to keep everything in. On the other
       hand, maybe it is just a bigger thing that we are going to have weeds around that is going to
       be more noticeable than it is now, if the habits have been that way.

       Mrs. Chaney responded that she thought that perhaps the applicant could answer those
       questions.

       Planning Director Paul Chaffee responded that he thought the applicant's intent is to pave the
       parking lot. It is in poor condition. We don't drive through every commercial parking lot in
       town on a regular basis to see who may have what. In this situation, the tables happen to be
       back there the day that Mrs. Chaney happened to make the site inspection. They may be
       gone.

       PUBLIC DISCUSSION

       Representing the applicant was Ralph Hein, the Architect with offices in Mission, stating he
       was available for any questions.

       Commissioner Bedora noted that the specifications are that this is used for storage of goods
       for other restaurants. He asked how many restaurants are owned.

       The applicant, Evelyn Ho, responded that a year ago today, they had not. They are in the
       process of starting their business. They do a lot of catering and because of scaling down,
       they have a lot of equipment which is stored everywhere in the basement and they want to
       clean the dining facility out. To put a building up and leave it empty all the time, it is an
       improvement to the property.
Shawnee Planning Commission                    -22-                            July 7, 1997



       Commissioner Sheridan asked what was the long-term plan for the accessory building,
       asking if it was for storage purposes or more for offices in the future. Evelyn Ho responded
       that they had it in the drawing that there might be an office. The office is for them, not to
       lease out.

       Commissioner Boettcher asked again how many restaurants they had. Mr. Hein responded
       that they have three at the present, having four in the past.

       Commissioner Bedora asked if they were intending to expand again, or if they would be
       selling this equipment. Ms. Ho responded that they intend to keep this equipment for
       expansion of future restaurants.

       Commissioner Bedora commented that he would like to see that area improved. As has been
       discussed, there are some things that have been lacking there. The Shawnee Mission
       Parkway area, particularly there, from the beginning of Shawnee and all the way to Quivira
       has a tremendous impact on people coming into our City and the applicant happens to be a
       part of that. The result is that it is important for the Commission, the City and for persons
       visiting our City, to see something good; so we are striving to make those improvements and
       work with the persons along that street, like the applicant, in the particular direction to
       accomplish that.

       Commissioner Boettcher asked if the building were sold off, if we have the access on 64th, a
       residential street, he assumed commercial property can be accessed from residential street, do
       we need one-in, one-out. If they sever that, they are going to have to have an easement over
       their northern tract.

       Mrs. Chaney responded that the driveway is already existing on 64th Street and it would
       really depend on what the intent of a division was. If someone needed access directly to the
       frontage road, they would need to get an access easement across it, but that is something that
       would be a negotiated item.

       Commissioner Boettcher if that were precluded, that single access onto 64th currently is OK,
       to which Mrs. Chaney responded that was right.

       FURTHER PUBLIC DISCUSSION

       Julie Sharp, who lives on the corner of 64th & Ballentine, directly across from the property,
       stated her main concern was that it would cause more traffic as she wasn't sure what kind of
       storage facility. She was picturing something big where people came and rented space.
       There is enough traffic there already.

       Commissioner O'Connor asked if she would object to a storage building for their equipment.

       Ms. Sharp responded that as it stands, it doesn't sound as if it is part of the restaurant. She
       didn't see how that would interfere, unless, she can see at some point using that, like the one
       access to 64th is chained right now so people don't come through there. She would be
       concerned if that did happen for some reason. Also, just the looks of it from. that it is pretty
       run down right now. It is just an open parking lot. She is concerned about how it looks from
       the street.
Shawnee Planning Commission                    -23-                            July 7, 1997




       Commissioner Boettcher asked how Ms. Sharp would feel if in 18 months, or 24 months
       from now the building were spun off and somebody was going to owner/occupy it as a
       contractor's office or something that didn't need a lot of visibility that would generate some
       traffic. Ms. Sharp responded yes, she would be concerned.

       Mr. Chaffee commented that if it is a contractor's yard or other businesses that require some
       outdoor storage, they are going to be back before the Commission looking for a special use
       permit. Commissioner Boettcher stated he didn't mean like a yard, but somebody who didn't
       need frontage on a retail road.

       Evelyn Ho commented that the reason they situated building the way it is now, every day
       they have cars trying to get through there because if they make a wrong turn, that is the first
       street they come into, going through her parking lot. It is not a through street.

       Commissioner Bedora noted there would still be access from that. It would still give the
       impression, asking if they would have it open or have the chain there.

       Evelyn Ho responded that they would like to have a gate. Mr. Chaffee stated that one was
       planned and pointed it out on the map.

       Evelyn Ho also recounted that the kids on skates are always going through there on Saturday
       and talking to her through the drive-thru in a funny Chinese accent. She stated she would
       like to clean it up back there so it is not a playground.

       Commissioner O'Connor asked for verification that the applicant could just put up a fence
       and store the equipment there and wouldn't need an amendment to the site plan or a special
       use permit. Mrs. Chaney responded that the open air storage would still be in for site plan
       approval. Commissioner O'Connor was not saying they should do that, but just looking at
       what their alternatives would have been.

       Mildred Reeders, lives right in back of the site, and she knows that when McDonald's was
       there, and before the chain was put up there, that traffic on 64th Street was terrible, and she
       would hate to see that again, because there are more smaller children that live around there
       now. She can just imagine what the traffic would be if that driveway was reopened again.

       Commissioner Bedora commented that in McDonald's case, it was a drive-thru situation.
       Ms. Reeders noted that it was a split driveway, one in and one out, and it was terrible.
       Commissioner Bedora for retail space like that, where you are depending on traffic, you will
       have traffic.

       Mr. Hein stated that as a storage facility, they will only use or open the gate when the
       storage facility is in operation.

       Mr. Chaffee verified that there will be a gate. They will be removing the chain in the island
       and will be installing a gate across.

       Ms. Reeders asked about the west of it. Commissioner Bedora responded there will be
       landscaping there. Mr. Chaffee pointed out on the map where the landscaping would be,
Shawnee Planning Commission                    -24-                            July 7, 1997



       verifying that the driveway will no longer be split, that they will be removing the island and
       putting in a gate. Ms. Reeders asked what the hours would be that the gate would be open.
       Mr. Hein responded that it would depend on the deliveries and what-not, adding that this will
       prevent just what Ms. Reeders is afraid of. Ms. Reeders stated that when McDonalds was
       there, there used to be those big trucks that would come out of there and they just ruined her
       drive. Mr. Hein said he didn't anticipate anything like that.

       Commissioner Bedora asked if Ms. Reeders had any problem with this situation, since they
       have been there since 1992. Ms. Reeders agreed that there had been some relief, but she
       wished they could do something about those cars speeding. The traffic on 64th Street is
       terrible, with speeding up and down there all the time.

       PLANNING COMMISSION DISCUSSION

       Commissioner Bedora had some concerns about the metal building. In terms of improving
       the area, whatever you do to the metal, it still ends up fading and gets a worn-torn look to it.
       He would like to see continuance of the brick on four sides.

       Commissioner Boettcher added the brick would be nice at least on the part that backs right
       up to the lot line. He wouldn't think that would have to be finished in brick.

       Commissioner Bedora noted that all sides are visible at some point in time. The front would
       be visible from Shawnee Mission Parkway, or the frontage road, and the back would be
       visible from 64th Street. But as you drive by, you are still getting the visibility of the metal
       portion of the building. It may look real nice now, but when we get down the road, the metal
       fades.

       Mr. Hein disagreed, stating that with today's technology and colors that can be put on today,
       it will last at least 20 years. At the insistence of Planning, they have used a higher gauge
       metal so it will have no oil can or exposed screws.

       Commissioner Bedora appreciated that but he still believed that with metal, there will be rust
       if there are any nicks of any kind.

       Commissioner Sheridan asked for the history on metal panels. Mr. Chaffee responded that
       generally speaking, where they have been hidden, we have allowed them; or if it has been an
       expansion to an existing building. One that comes to mind is Fuhr's Furniture. They have
       sort of an accessory storage structure such as this one. It has metal on all four sides and they
       have done a couple of expansion on it where they have used the same type of metal. In
       Industrial parks, some of them have had a little more corrugated-look to them. That was one
       of the discussions that staff had was that if you are looking at doing some metal on what they
       have viewed as being a storage building, in a commercial zoning, you need to have a flat
       panel. This is the third rendition of a panel. This presented metal is of a higher quality,
       higher gauge, with concealed fasteners and has a flat-type finish to it. The Coleman
       American building was built 12-15 years ago, and a building like that wouldn't be allowed
       right on top of the Parkway.

       Commissioner Bedora asked Mr. Chaffee if he would consider this on top of the Parkway.
       Mr. Chaffee responded that he didn't think that the east side is going to be. Shoppers Park is
Shawnee Planning Commission                     -25-                             July 7, 1997



       on the east and the brick front with stone accents would be seen. Then Goodyear is going to
       pretty much hide the building. He didn't know that the sides were going to be very visible
       from Shawnee Mission Parkway. He showed the samples of the brick.

       Commissioner Boettcher asked if there was anything special about the 5000 sq.ft. size. Mr.
       Hein responded no.

       Chairman Mazza commented that he thought it was kind of a nice contrast the way the brick
       and the metal, and the metal is going to be a beige color versus what the sample blue. There
       is more of a tendency for the blue to fade than what the beige would be. What will be seen is
       brick along with the facade across the top that would be in metal to break it up. He thought
       it is going to be an improvement from what is there. With the storage, there will never be the
       traffic that we had with McDonald's. Because of the gates, there will be no misturns. He
       feels this is a step in the right direction. He thought it was all right with the brick the way it
       is and the metal the way it is. It is more improved, better quality, heavier gauge.

       Commissioner Boettcher agreed. He would prefer to see brick on the north, west and south,
       and leave the fourth side because there is an expense consideration. He thought we would
       see more of the west elevation than we think. But the one that backs up to the residents will
       not be seen.

       Chairman Mazza asked for the total height. Mr. Hein responded that the overhead door is
       10 feet and the building is 14 feet. We are not talking about a skyscraper. It is not really
       going to be sticking above the existing buildings that are there.

       Commissioner Bedora appreciated the comments in that direction. He is not just looking at
       it from the perspective of this building in and of itself. He is looking at it from the area and
       improving the area and looking into the future again from the perspective of we are looking
       at this as what people see as they come into Shawnee. He would feel more comfortable if we
       were talking an industrial area where we have principally industrial type operations, but
       there are a lot of things that need to be done in that direction and it is not these persons; it is
       just that area does give us some strike and it has been a problem in the direction. He thinks
       this affects the entire population of Shawnee from the standpoint of people's reaction to the
       area. He thought any improvements that we can address and create at this point in time will
       not allow it to snowball into other areas. This is his opinion in that direction.

       Chairman Mazza commented that if this was first tier, he could see what Commissioner
       Bedora was saying, but he has a problem because this is virtually second tier. It is behind
       the building that is really being seen. If there is a concern, perhaps it should be a new facade
       for the existing building that is there. That is the one that is being seen.

       Commissioner Bedora agreed. We talk about paint, etc. and the challenges that we have and
       are experiencing now with some of the metal goods that are a part of the facade in the front
       of that building that are rusting and are a problem. That is why he says that regardless of
       whether the manufacturer warranties it for five, ten or fifty years, there are a lot of things
       that hold a lot of warranties, but suddenly they fade away. He thinks we need to extend this
       with some depth. All those little things have an impact on people's opinions. The
       unfortunate shortcut that a lot of these people are experiencing in 64th Street and they see
Shawnee Planning Commission                    -26-                            July 7, 1997



       this building. It is an impact on our community and he thinks that an important part of it,
       even being an accessory building in this particular situation.

       Commissioner Jenkins commented that he was seeing this as a building that looks like it is
       being well done; it is designed properly; they have taken several pains to make it look as
       attractive as possible from all viewable angles. It upgrades the lot it is being placed on
       substantially. It is a significant improvement to people driving into Shawnee down Shawnee
       Mission Parkway to see this as opposed to what they see right now. He is seeing it as an
       improvement. He could support this project without any difficulty.

       Evelyn Ho interjected that she could be like the Discount Furniture place and store her stuff
       in a truck right out front, but she is not trying to do that.

       Commissioner Rose agreed with Commissioners Jenkins and Mazza. He thought that the
       architect and owner have done a good job to make this aesthetically pleasing as possible.
       The difference between the brick fascia and the metal building provides a nice looking
       contrast and he thought they have done a good job, he has zero problems with any of it, and
       he would definitely support this.

       Commissioner Boettcher asked what if in some future time, the restaurant were not there.
       Fast-food restaurants have a tendency to be torn town as often as they are remodeled into
       something else, then all of a sudden 24-36 months from now, somebody has bought the
       property and have torn down the existing restaurant, no plans to sell, and now we have a
       building that is highly visible. As a Planning entity, he thought that some of us are trying to
       see some of these things kind of happening. Now all of a sudden, we have a newer building
       with metal that we are trying to avoid facing our main driveway. What do we do then.

       Commissioner Jenkins commented that he has never experienced that as long as he has been
       on the Commission. If that building were torn down, it would normally be replaced by
       another building and usually a much higher speed building, larger building, because that
       frontage is where the new building will be. You are not just going to tear this building
       down. It will be vacant if they move out. Our experience has been that if it doesn't suit the
       needs of the new owner, the building will be torn down and replaced.

       Commissioner O'Connor noted that this building could not be used for anything other than
       an accessory structure, anyway, without being returned to the Planning Commission.

       Mrs. Chaney verified that the way the condition has been written, that was correct.

       Commissioner Sawyer asked what goes around the top of this building above the brick on all
       four sides. Mr. Hein responded that it is metal, verifying that metal will be on all four sides,
       on the fascia.

       Commissioner Sawyer commented that he thought this was a vast improvement over what is
       back there today and he didn't think it would be seen all that much.

       Commissioner Bedora stated that he was not denying that it was an improvement. He was
       just saying that from a quality standpoint, and looking at the future, he thought, and he
       appreciates their business in Shawnee, he appreciates what they have done, and he
Shawnee Planning Commission                   -27-                            July 7, 1997



       appreciates what they are doing to improve the property. He was just looking at it from a
       focal standpoint and an overall basis to create some improvement in that particular area.

       PLANNING COMMISSION ACTION

       Commissioner Jenkins, seconded by Commissioner Rose, moved for approval of SUP-7-97-
       7 and SP-22-97-7, subject to staff recommendations. Motion was carried 7-2, with
       Commissioners Bedora and Boettcher voting against.


Item No. 7

       PrePlat-24-97-6: consider revised preliminary plat for WOODLAND FARMS, for eight
       (8) additional single family lots in the 4900-5100 blocks of Woodland Drive. Request
       submitted by Green Engineering for Woodland Development Group.

       EXPLANATION OF ITEM

       Associate Planner Bryan Tucker explained that the applicant requests approval of a revised
       preliminary plat for Woodland Farms subdivision, located in the 4900-5100 blocks of
       Woodland Drive. The application is filed by Dene Rhoads of Green Engineering for
       Woodland Development Group.

       PRELIMINARY PLAT REVIEW

       The preliminary plat for Woodland Farms subdivision was approved in September 1996,
       providing for a total of 104 lots on 42.6 acres. The first phase of development is currently
       under construction. The applicant requests revised preliminary plat approval for the area
       located south of the proposed 50th Street, to include an additional nine (9) lots, one of which
       is designated as a storm detention basin. After completing further engineering work on the
       stormwater drainage and detention systems for the subdivision, the applicant determined that
       it was feasible to develop a portion of the site previously intended for detention purposes. In
       order to do this, Woodstock Court has been shortened and Theden has been extended south
       of 50th Street to create a new cul-de-sac. The size of Lot 1, to be retained by the original
       owner, has been reduced by 2.08 acres to accommodate the provision of the additional lots.

       As a result of these changes, gross density for the development has increased from 2.25 units
       per acre to 2.42 units per acre, excluding the lot intended for detention purposes from the
       calculation. All lots meet the size and width requirements for the R-1 district and are
       consistent with those platted throughout the remainder of the subdivision. A thirty-foot (30')
       front building line is shown on the plat. Additional setback requirements include a thirty
       foot (30') rear setback and side yards totaling twenty percent (20%) of the lot width with no
       less than seven feet (7') per side.

       At the request of the Engineering Division, the applicant has submitted stormwater drainage
       and detention reports, and has identified the limits of a revised 100-year floodplain across the
       southwest portion of the property. The existing lake at the site is proposed as a wet-bottom
       detention area. While the conceptual drainage plan does not cover the entire subdivision, it
Shawnee Planning Commission                   -28-                            July 7, 1997



       appears to comply with City standards. Engineering staff will continue to work with the
       applicant's engineer regarding detention requirements.

       The applicant has indicated the required sixty-foot (60') building setback for all habitable
       structures from the top bank of the proposed open channel and from the lake. While the
       adjacent lots appear to provide enough area for home construction, the applicant should
       verify the feasibility of placing residences on these lots. Development of this site, as
       proposed, will involve a realignment of part of the main Mill Creek Tributary and fill
       material to be placed within another portion of the tributary's 100-year floodplain. Approval
       from the Kansas Department of Water Resources will be required for this work since the
       drainage area above the site exceeds 160 acres. A copy of the State permit shall be
       submitted to the Engineering Division prior to issuance of a Public Improvement Permit or
       commencement of any grading work at the site. Proposed elevations for the lowest
       allowable opening are shown for all lots adjacent to the Mill Creek Tributary and the lake.
       Minimum low openings shall be increased to two feet (2') above the 100-year floodplain to
       comply with the City's recently revised floodplain regulations.

       The Theden cul-de-sac exceeds the maximum allowable length of five hundred feet (500').
       Engineering staff supports a variance from this requirement since the street serves less than
       twenty (20) lots. Construction of this street, as proposed, will require the placement of
       engineered fill material where it crosses the established lake bed.

       All proposed and existing easements shall be shown on the final plat, including a utility
       easement along the west and south sides of the subdivision. Drainage easements need to be
       as wide as the 25-year floodplain with 1-foot of freeboard plus 10 feet on each side. The
       applicant should verify that the proposed easement on Lots 18, 19, and 24 satisfies this
       requirement. Drainage easements for a detention facility shall extend twenty feet (20')
       beyond the height of the design storage volume, with all access easements to such a facility
       providing at least twenty feet (20') width.

       The revised plat, if approved, is subject to the same conditions of approval indicated for the
       original preliminary plat for Woodland Farms.

       RECOMMENDATION

       Staff recommends approval of PrePlat-24-97-6, the revised preliminary plat for Woodland
       Farms, located in the 4900-5100 blocks of Woodland Drive, subject to the following
       conditions:

       1.      Approval and recording of final plat(s) prior to issuance of any building permits;

       2.      Payment of the open space fee on a $200 per lot basis prior to issuance of building
               permits;

       3.      Payment of the required Peripheral Street Fund fee for Woodland Drive, prior to
               commencing work on any public improvements;

       4.      The proposed streets be designed and constructed to City standards. Construction of
               Theden will require engineered fill to be placed over old lake bed;
Shawnee Planning Commission                    -29-                             July 7, 1997




       5.      Temporary improvements be completed on Woodland Drive as specified with
               previous approval;

       6.      City Council approval of a variance from the maximum cul-de-sac length for Theden
               Road;

       7.      Utility junction boxes be placed in side and rear yard areas only;

       8.      Street lighting, stormwater drainage, and detention systems shall be designed in
               accordance with City requirements;

       9.      All habitable structures shall be set back at least sixty feet (60') from the top bank of
               any open channel and from the lake, in accordance with APWA standards;

       10.     A copy of the State permit for realignment of the Mill Creek Tributary shall be
               submitted to the Engineering Division prior to issuance of a Public Improvement
               Permit or commencement of any grading at the site;

       11.     Minimum low openings for lots adjacent to the 100-year floodplain shall be
               increased to two feet (2') above the floodplain and shall be shown on a revised
               preliminary plat and all final plats;

       12.     A copy of the required EPA NPDES permit from the Kansas Department of Health
               and Environment be submitted to the Engineering Division upon approval; and

       13.     All proposed and existing easements be shown on the final plat.

       QUESTIONS FROM COMMISSION

       Commissioner Jenkins asked about the minimum low openings being 2 foot. Mr. Tucker
       responded that was correct. He pointed out the dotted lines which reflect the required 60-
       foot setback. Commissioner Jenkins noted there are no footprints of the footings or structure
       within the 100-year floodplains, to which Mr. Tucker responded no. Commissioner Jenkins
       wanted to make sure since we had openings instead of lower.

       PUBLIC DISCUSSION

       The applicant was not present.

       No one spoke in opposition.

       PLANNING COMMISSION ACTION

       Noting the absence of discussion, Commissioner Rose, seconded by Commissioner Jenkins,
       moved for approval, subject to staff recommendations. Commissioner Sheridan asked about
       the realignment of the main Millcreek tributary, wondering if it was a major change. Mr.
       Chaffee responded no, that actually what they will be doing is straightening it out so it moves
Shawnee Planning Commission                   -30-                            July 7, 1997



       the water better than it does now and cause less erosion through that area. The chairman
       called for a vote on the motion to approve. Motion was carried unanimously 9-0.


Item No. 8

       Consider request for an oversized accessory structure at 11013 West 48th Terrace. Request
       submitted by NICK McCARTY.

       EXPLANATION OF ITEM

       Assistant Planner Madeline Chaney explained that the applicant requests approval for
       construction of an oversized accessory structure (detached garage) at 11013 W. 48th
       Terrace. The applicant is Nick McCarty.

       SITE PLAN REVIEW

       1.      The subject property is located at 11013 W. 48 Terrace, the southeast corner of
               Nieman Road and 48th Terrace. The property is platted as Lot 16 of the Nieman
               Heights Addition.

       2.      The subject tract is zoned R-1, and is surrounded in all directions by properties that
               are also zoned R-1. Section 17.60.010 of the Zoning Ordinance provides that
               accessory structures in residential areas be no larger than one-third of the habitable
               area of the existing residence on the lot. The habitable area of the existing residence
               is approximately 2,134 square feet. The proposed garage is just slightly larger than
               one-third of the habitable area of the structure (one-third would equal approximately
               704 square feet).

       3.      The applicant is proposing to construct a 24 foot by 30 foot (720 square foot)
               detached garage. The proposed garage would conform with the requirements for
               side yards and distance from the principal structure. On June 19, 1997, the Board of
               Zoning Appeals approved a variance to allow a reduction of 15 feet for the rear yard,
               thus allowing a 15 foot rear yard setback (BZA-10-97-6).


       4.      The applicant has submitted a plot plan and elevations showing the proposed two car
               garage. The garage would be located near the southeast corner of the lot, and would
               be accessed by way of a second driveway from 48th Terrace. The structure would
               have a pitched roof, two overhead doors, and an exterior finish of Masonite siding.
               The applicant has indicated that the siding would be painted to match the residence.

       RECOMMENDATION

       Staff recommends approval of this request to allow the proposed oversized accessory
       structure at 11031 W. 48th Terrace, subject to the following conditions:
Shawnee Planning Commission                    -31-                            July 7, 1997



       1.      The use of the proposed structure shall be restricted to activities which are typically
               found in a garage; i.e., automobile and personal storage, and shall not be used as an
               additional residence or business;

       2.      The proposed building shall be constructed of the materials as depicted on the
               approved site plan; and

       3.      The proposed building shall meet all setback requirements, as depicted on the site
               plan with the exception of the rear yard setback, for which a variance was approved
               by the Board of Zoning Appeals (BZA-10-97-6).

       PUBLIC DISCUSSION

       The applicant was not present.

       No one spoke in opposition.

       PLANNING COMMISSION ACTION

       Commissioner Bedora, seconded by Commissioner Sawyer, moved for approval of the
       oversized accessory structure for Nick McCarty, subject to staff recommendations. Motion
       was carried unanimously 9-0.


Item No. 9 - OTHER BUSINESS

       (1)     Planning Director Paul Chaffee presented for the Commission's review proposed
               design guidelines for duplex and multi-family developments.

       (2)     Planning Director Paul Chaffee presented for review Chapter 6 of the
               Comprehensive Plan regarding Parks and Open Spaces.

       (3)     Planning Director Paul Chaffee presented for review a proposed change in the Land
               Use Guide for the area to the east of the 3&2 baseball fields along Monticello Road,
               including a map.

       (4)     Planning Director Paul Chaffee discussed developing a subdivision mapping system.


       ADJOURNMENT

       There being no further business to come before the Commission, Commissioner Duckworth,
       seconded by Commissioner Rose, moved for adjournment. The motion was carried
       unanimously and the meeting adjourned at 9:15 p.m.

                                                Pat Sullivan
                                                Recording Secretary

								
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