Shawnee Planning Commission

Shawnee Planning Commission TUESDAY, September 8, 1998 MINUTES

The Shawnee Planning Commission meeting was called to order by Bob Mazza, Chairman, at 7:30 p.m. Present at the meeting were: Commissioners Bedora, Gentry, Mazza, O'Connor, Sawyer and Sheridan. Absent were: Commissioners Boettcher, Duckworth, Jenkins and Land. Also present were Paul Chaffee, Director of Planning; and Chris Gralapp, Assistant Planner.

The Pledge of Allegiance was recited.

Item No. 1

Consider August 17, 1998, Planning Commission Minutes.

PLANNING COMMISSION ACTION

Commissioner Bedora, seconded by Commissioner Sawyer, moved that the August 17, 1998, Planning Commission Minutes be approved as written. Motion was carried 6-0.

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

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

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

Noting there were no other comments and no deletions, Commissioner Bedora, seconded by Commissioner Sheridan, moved that Consent Items 2, 3, 4 and 5 be approved subject to staff recommendations. Motion was carried unanimously 6-0. Shawnee Planning Commission -2- September 8, 1998

Item No. 2

SP-41-98-9: consider request for site plan approval for HAYES CREEK NUMBER ONE PUMP STATION, a sanitary sewer pump station at the southwest corner of I-435 and Johnson Drive. Request submitted by George Butler and Associates for Johnson County Unified Wastewater Districts.

EXPLANATION OF ITEM

This was a consent item.

The applicant requests site plan approval for construction of a new pump station for the Johnson County Unified Wastewater Districts located at the southwest corner of Interstate 435 and Johnson Drive. The application is filed by Tim Schneller of George Butler and Associates for the Johnson County Unified Wastewater Districts.

RECOMMENDATION

Staff recommends approval of SP-41-98-9, site plan for construction of the Hayes Creek Number One Pump station, located at the southwest corner of Interstate 435 and Johnson Drive, subject to the following conditions:

1. All proposed improvements shall be constructed as depicted on the submitted site plan;

2. Construction of the driveway and parking lot areas shall be constructed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria;

3. The applicant shall comply with the City’s stormwater detention requirements as outlined in the staff report, prior to issuance of any building permit or Right-of- Way Work Permit (Form A);

4. Improvements placed within the right-of-way shall be designed and constructed according to the requirements set forth in the Shawnee Manual of Technical Specifications and Design Criteria. A Right-of-Way Work Permit shall be obtained prior to the issuance of any building permit or commencing construction;

5. All landscaping shall meet City specifications, and shall be planted prior to issuance of a certificate of completion for the project;

6. Erosion control measures shall be undertaken during construction of this project. Erosion control measures shall be shown on the plans submitted for a building permit and approved by the Engineering staff prior to issuance of said permit. Such measures shall be in place prior to commencing any construction; and Shawnee Planning Commission -3- September 8, 1998

7. The site plan is subject to City Council review until 5:00 p.m. Thursday, September 10, 1998.

SITE PLAN REVIEW

1. The applicant requests site plan approval for the construction of a new pump station and an access road to serve the Hayes Creek Sewer District.

2. The subject property is zoned AG (Agricultural), with the land surrounding it also zoned AG, is undeveloped and heavily wooded, with the exception of one home and a pond to the west.

3. The Land Use Guide of the Comprehensive Plan anticipates Office/Service uses for this land. Pump stations are allowed uses in Agricultural as well as the Professional Office zoning district. Thus the request is in conformance with the zoning ordinance and the Comprehensive Plan.

4. The new pump station will be developed on 1.32 acres of land owned by Deffenbaugh Industries, Inc. and Handi-Can Disposal Service, Inc. The sewer district has received a permanent easement from each of these companies to construct the facility. The pump station will have one fully visible building, a 440 square foot valve vault building. Concrete masonry units (CMU) in a buff (tan) color will cover the exterior of the building. The CMUs will have a rough weathered appearance. The second building shown on the site plan, the wet well, will be mostly underground, with one (1’) foot above grade. The visible exterior of the wet well will be coated with a textured surface bonding cement over the concrete. This coating will be Pacific Sand (a tan to match the buff) and serve as exterior concrete protection. The top of the wet well will have six (6) hatch covers that will be used for access.

A diesel powered emergency power generator and a transformer will be located on the north side of the valve vault building. They will be screened by a nine (9’) foot tall wood fence. The entire facility will be surrounded by a eight (8’) foot tall chain link fence, with three strands of four point barb wire around the top. This type fencing is used for security purposes, to prevent individuals from entering the compound unseen. One four (4’) foot swing gate and one twenty (20’) foot long rolling gate will be located on the north side of the compound for access.

5. A 530 foot asphalt access road will be constructed off of Johnson Drive for access. The drive will use the existing driveway approach onto Johnson Drive. No Right-of-Way Work Permit is required for the drive. The access road will be 13.5 feet in width with a turnaround at the end of the drive. All improvements shall be completed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria. Shawnee Planning Commission -4- September 8, 1998

6. The applicant will need to obtain Right-of-Way Work Permits (Form A) for any and each utility service connection within the right-of-way for Johnson Drive. The permits need to be obtained prior to the issuance of any building permit or commencing any construction.

7. The site is subject to the provisions of SMC Chapter 12.24, which pertains to the construction and maintenance of on-site stormwater detention facilities. Prior to the issuance of a building permit, the applicant must comply with these regulations by submitting a letter, prepared by a registered engineer, stating that the additional impervious surface area created by this project will not negatively impact the existing drainage system within 1,000 feet downstream of the site, and paying a detention fee calculated based on $5,000 per impervious acre. The applicant is responsible for submitting the square footage of existing and proposed impervious surfaces to Engineering staff. The applicant must pay the required stormwater detention fee prior to the issuance of any building permit or Right-of-Way Work Permit (Form A).

8. The applicant will plant twenty-four (24) six (6’) foot tall Austrian Pines along the western side of the compound and the northeast corner to provide screening and compliment the numerous trees onsite already. In addition, three (3) Pine Oaks shall be planted at the intersection of the access road with Johnson Drive. All trees planted shall meet landscaping requirements when planted. All landscaping shall be installed prior to the final inspection of the site.

9. The area disturbed 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 (Construction Activity Form 1) from the Kansas Department of Health and Environment.

The applicant is required to provide adequate erosion control measures during construction. Erosion control measures are shown on the site plan. Additional measures may be needed along the proposed swales. Such measures must be shown on the rough grading and siltation control plans submitted for a building permit. Erosion control measures are to be in place prior to commencing any construction. The applicant is responsible for maintaining the erosion control measures throughout construction. Immediately following the completion of final site grading, all disturbed areas shall be covered with sod or seed and mulch.

Item No. 2, SP-41-98-9, site plan of HAYES CREEK NUMBER ONE PUMP STATION, was approved as a Consent Agenda item, on page one.

REPEAT OF CONSENT AGENDA MOTION: Shawnee Planning Commission -5- September 8, 1998

Noting there were no other comments and no deletions, Commissioner Bedora, seconded by Commissioner Sheridan, moved that Consent Items 2, 3, 4 and 5 be approved subject to staff recommendations. Motion was carried unanimously 6-0.

Item No. 3

SP-45-98-9: consider request for site plan approval for the expansion and renovation of NAOMI’S HALLMARK, at 12108 Shawnee Mission Parkway. Request submitted by Monte Wendler for Price Brothers.

EXPLANATION OF ITEM

The applicant requests site plan approval for remodeling Naomi’s Hallmark, located 12108 Shawnee Mission Parkway in the 10 Quivira Center at the northwest corner of Quivira Road and Shawnee Mission Parkway. The application is filed by Monte Wendler for Price Brothers.

RECOMMENDATION

Staff recommends approval of SP-45-98-9, site plan for renovation and expansion of Naomi’s Hallmark, at 12108 Shawnee Mission Parkway, subject to the following conditions:

1. The renovation shall be constructed as depicted on the approved site plan;

2. Prior to installing any new signage, the applicant shall obtain a sign permit from the Planning Department; and

SITE PLAN REVIEW

1. The applicant requests site plan approval for relocating and remodeling the Naomi’s Hallmark store in the 10 Quivira Shopping Center. Naomi’s is currently located in a 6,800 square foot space in the 10 Quivira Center. It will be relocated one space east, to a larger (8,450 square foot) shop.

2. In addition to relocating the store, approximately 6 feet of height will be added to the existing roof canopy. The canopy will be extended from its current height of 16 feet above grade (approximately 8 feet above the roof line) to approximately 22 feet (14 feet above the roofline). The canopy extension will give the Naomi’s storefront the same height as Cosentino’s Sunfresh and Westlake. The canopy Shawnee Planning Commission -6- September 8, 1998

will be painted Glidden “Quivira Cream” (custom color) with “Fawn Beige” trim to match the remainder of the center, which has recently been repainted.

The storefront will also be altered to incorporate more glass for display area. Portions of the existing brick on the storefront will be removed and replaced with glass.

3. No additional alterations will be made that would affect existing parking, lighting, or landscaping on the site.

4. With the larger store front, Naomi’s could have a larger wall sign (5 percent of wall area). Prior to installing a new sign, the applicant shall obtain a sign permit from the Planning Department.

Item No. 3, SP-45-98-9, site plan of NAOMI’S HALLMARK, was approved as a Consent Agenda item, on page one.

REPEAT OF CONSENT AGENDA MOTION:

Item No. 4

SP-43-98-9: consider request for site plan approval for an office/manufacturing facility at 8125 Monticello Terrace. Request submitted by Fischer Construction for STONE CONCEPTS, INC.

EXPLANATION OF ITEM

The applicant requests site plan approval for construction of a 10,100 square foot office building, to be located at 8125 Monticello Terrace. The application is filed by Fischer Construction for Stone Concepts.

RECOMMENDATION

Staff recommends approval of SP-43-98-9, site plan for Stone Concepts, at 8125 Monticello Terrace, subject to the following conditions:

1. The applicant shall submit two corrected copies of the plans to the Planning Department, and plans submitted for a building permit shall include the following corrections: Shawnee Planning Commission -7- September 8, 1998

 Plans submitted for a building permit shall include a plan elevation for the proposed solid fence;  Plans submitted for a building permit shall specify the colors of the building exterior in accordance with information supplied by the applicant;

 Plans submitted for a building permit shall incorporate the information and modifications for the proposed commercial driveway approaches, as noted in the staff report;

2. The site shall be developed as depicted on the approved site plan;

3. All operations and outdoor storage shall be maintained within enclosed areas, in accordance with SMC 17.46 (Use regulations for the PI district);

4. All metal roof components shall be 24 gauge, and all metal wall components shall be 26 gauge, in accordance with the City’s Industrial Building and Design Standards Policy;

5. The proposed commercial driveway approaches shall be designed and constructed generally in accordance with Standard Detail 21-10 of the Shawnee Manual of Technical Specifications and Design Criteria. Plans submitted for a building permit shall incorporate the information and modifications noted in the staff report;

6. The applicant shall improve that portion of the road ditch which adjoins the subject property to the extent necessary to provide positive drainage. The "reconstructed" ditch shall be designed and constructed to the proper grade and slope according to the Shawnee Manual of Technical Specifications and Design Criteria, and the design must include the hydrologic and hydraulic calculations for sizing the ditch to convey the runoff from a 25-year storm;

7. If the existing ditch is not entirely within the street right-of-way, it will need to be relocated or a drainage easement conveyed to the City for that portion of the ditch on private property;

8. The applicant shall obtain a Right-of-Way Work Permit (Form A) prior to the issuance of any building permit or commencing any construction of the driveway approaches or grading the road ditch. The required improvements must be completed and accepted by the City Engineer prior to the issuance of a Certificate of Occupancy;

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

10. All utilities shall be placed underground; Shawnee Planning Commission -8- September 8, 1998

11. Prior to the issuance of a building permit, the applicant shall submit a Covenant of Non-Opposition for the creation of a benefit district for future improvement of Monticello Terrace along with the applicable filing fee, to the Planning Department;

12. The applicant shall submit revised grading and stormwater drainage plans to the Engineering Division showing the items noted in the staff report;

13. Drainage improvements within a public right-of-way or easement shall conform with the City's Manual of Technical Specifications and Design Criteria. The applicant shall determine whether the existing drainage ditch on Monticello Terrace is within the street right-of-way. If it is not, the ditch will need to be relocated or a drainage easement conveyed to the City for that portion of the ditch on private property;

14. Should the applicant determine that the dumpster needs to be stored outside the covered work area, plans for screening shall be submitted to Planning staff for review;

15. Fire hydrant locations shall be subject to the approval of the Fire Chief, and installed prior to issuance of a building permit;

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

SITE PLAN REVIEW

1. The applicant requests site plan approval to construct a 10,900 square foot office- manufacturing fabrication facility on a tract of approximately 1.42 acres in K-7 Commercial Center, located on the east side of Monticello Terrace (east of K-7), north of 83rd Street.

2. The subject property is zoned PI (Planned Industrial). It is adjoined on the south by undeveloped industrial lots in the K-7 Commercial Center, which are also zoned PI. The tract is adjoined on the west by the right-of-way for Monticello Terrace; Sys-Tech is developed on the west side of Monticello Terrace. Property to the east of the subject property is zoned PI and is undeveloped; the area to the north is zoned PI and is currently undeveloped; the 3 & 2 ball field complex has been approved and will be developed on the property to the north in the near future. Shawnee Planning Commission -9- September 8, 1998

3. Stone Concepts manufactures simulated stone products from concrete. The proposed use conforms with the use regulations of the Planned Industrial District, and the Land Use Guide of the Comprehensive Plan, which designates the area as appropriate for development of light industrial uses in the vicinity of 83rd and K- 7. However, concrete production of any kind tends to generate airborne dust, and particularly the proposed use will include storage and wholesale sales of formed concrete products. The regulations for the PI district (SMC 17.46) require that all operations and outdoor storage be maintained within enclosed areas. The proposed building has been designed to include a covered working area for production of the manufactured stone products. In addition, loading and storage areas on the south and east sides of the building will be within a solid fenced area. Plans submitted for a building permit shall include a plan elevation for the proposed solid fence.

4. All bulk requirements have been satisfied. The building is set back approximately 86 feet from the Monticello Terrace right-of-way, exceeding the 50 foot setback requirement in the PI district. Side and rear building setbacks also meet code requirements. Parking and circulation areas are set back 20 feet from the Monticello Terrace right-of-way, in accordance with Zoning Ordinance requirements.

5. Access to the site will be solely from Monticello Terrace, via two one-way drives. The proposed commercial driveway approaches shall be designed and constructed generally in accordance with Standard Detail 21-10 of the Shawnee Manual of Technical Specifications and Design Criteria. The following information and modifications shall be addressed on plans submitted for a building permit:

 The standard detail shall be shown on the revised plans;

 The placement of the north approach is acceptable until Monticello Terrace is extended to the 3 & 2 baseball complex. The entrance will then need to be realigned with the future street;

 The minimum allowable width for a one-way entrance or exit is 17 feet, as measured from back-of-curb to back-of-curb. The minimum allowable distance between two approaches is 90 feet, as measured from centerline to centerline. The proposed approaches comply with both requirements;

 The total width of all driveway approaches may not exceed 20 percent of the lot frontage. With 167 feet of frontage, the two proposed 17-foot drives exceed the maximum allowable width by 0.6 feet. Because the proposed drives will help direct circulation on the site, staff concurs with allowing construction of the proposed driveways as shown;

 The applicant shall verify that the centerline grade of the proposed approaches will not exceed ½ inch per foot within the street right-of-way; Shawnee Planning Commission -10- September 8, 1998

 The approaches must be paved with asphalt with a minimum thickness of 6 inches;

 The design must include the hydrologic and hydraulic calculations for sizing the culvert under the approaches based upon the grade of the re- established ditch;

 Curb return radii are not dimensioned on submitted plans, but appear to exceed the maximum allowable radius of 25 feet.

The applicant is responsible for improving that portion of the road ditch which adjoins the subject property to the extent necessary to provide positive drainage. The "reconstructed" ditch shall be designed and constructed to the proper grade and slope according to the Shawnee Manual of Technical Specifications and Design Criteria, and the design must include the hydrologic and hydraulic calculations for sizing the ditch to convey the runoff from a 25-year storm. It appears that the existing ditch is not entirely within the street right-of-way. If that is correct, the ditch will need to be relocated or a drainage easement conveyed to the City for that portion of the ditch on private property.

The applicant shall obtain a Right-of-Way Work Permit (Form A) prior to the issuance of any building permit or commencing any construction of the driveway approaches and grading the road ditch. The required improvements must be completed and accepted by the City Engineer prior to the issuance of a Certificate of Occupancy.

6. Twelve parking stalls, plus two handicapped-accessible spaces, for a total of 14 parking spaces, are being provided, in accordance with the requirements for office/manufacturing facilities. The applicant is proposing to construct the parking lot and loading area of 5-inch deep concrete to provide a durable driving surface. The parking lot and loading area shall be constructed prior to issuance of an occupancy permit.

7. Submitted elevations indicate that the proposed building will have an exterior of “Dura Stone” manufactured stone, gray with tan highlights in color, on the north, south, and west office elevations. Window units with pre-finished concrete panels above and below the individual windows, will be provided on each side of the office area, and a glass storefront door will be centered on the west facade. The office will also have a mansard treatment along the roofline, composed of flat metal panels (MBCI 12 inch span “Artisan 1” series). The applicant has indicated verbally that the mansard panels will be gray-green (Signature 300 Series-”Sea Mist”) in color. All metal roof components shall be 24 gauge, in accordance with the City’s Industrial Building and Design Standards Policy.

“Stressed skin” flat metal panels will be used on the walls of the warehouse portion of the building. The stressed skin metal panels are fabricated of Shawnee Planning Commission -11- September 8, 1998

interlocking metal panels on a polystyrene core. Because the core material provides structural stability, the exterior panels are connected with a “tongue and groove” fastening system, which has concealed fasteners. The panels are specified as 26 gauge, and would have a flat appearance, in accordance with the City’s Industrial Building and Design Standards Policy. The applicant has indicated verbally that the exterior wall panels will be “bone white” (Valspar paint color) in color.

All overhead doors, mandoors, downspouts, etc. shall be painted to match the proposed wall colors, as provided by the City’s Industrial Building and Design Standards Policy.

8. Frontage and open space trees shown on the landscaping plan meet code requirements. Submitted plans indicate that all disturbed areas in required front, side and rear yard areas will be sodded in accordance with SMC 17.57.035.

9. Raw materials for manufacturing the concrete stone products will be stored within a covered shop area on the east (rear) side of the building. Accordingly, the east portion of the site will be screened with a solid fence in order to provide screening of the concrete fabrication processes from the surrounding area. Solid fencing and a solid gate will be provided on the south side of the building, just west of the western-most overhead door on the south side of the building, thus screening the loading area from view of the Monticello Terrace right-of-way, in accordance with the City’s Industrial Building and Design Standards Policy.

The dumpster will be located within the covered shop area on the east side of the building, thus a dumpster enclosure will not be required. Should the applicant determine that the dumpster needs to be stored elsewhere on the site, plans for screening would need to be submitted to Planning staff for review.

10. Mechanical equipment will be ground-mounted and screened by the proposed solid fence. All utilities are required to be placed underground, as shown on submitted plans.

11. Because the property was platted in 1984, prior to annexation into the City limits, the provisions of SMC Chapter 12.28 (Street Excise Tax) do not apply to the subject tract. In addition, staff recommends that the provisions of SMC Section 16.16.060 (pertaining to the improvement of interior and adjacent streets in subdivisions) be waived because the site is not a corner lot, the improvements would not connect to existing street improvements, the industrial use would not generate excessive traffic, and the existing road ditch appears sufficient to handle drainage along the street.

However, staff recommends that the applicant be required to submit a Covenant of Non-Opposition to the creation of a benefit district for future improvement of Monticello Terrace rather than improve the adjoining street frontage at this time. Shawnee Planning Commission -12- September 8, 1998

The Covenant, along with the applicable filing fee, shall be submitted to the Planning Department prior to the issuance of a building permit.

12. Although some drainage information was shown on the site plan, the applicant did not submit a drainage area map and a summary table of the hydrologic and hydraulic analysis for this site. Therefore, Engineering staff is unable to determine the adequacy of the proposed stormwater drainage system needed for this site. The proposed system must be designed to handle a 25-year storm for all portions of the system. However, an enclosed system is required to convey all stormwater runoff exceeding 8 c.f.s. during a 10-year storm. Open channels are permitted only in areas where the channelized flow is less than 8 c.f.s. or cannot be contained by a 72-inch pipe.

 Existing contour lines and spot elevations are shown on the site plan, however, proposed contours are not shown. Existing (and proposed) contours must be shown at intervals of 2 feet with additional spot elevations (typically at top of a curb and flowline of a valley gutter) extending a minimum of 100 feet beyond all property lines.

 An enclosed drainage system is not shown on the site plans. However, if an enclosed system is required, the revised site plan would need to be revised to show the following information:

1. The location, size and elevations of all proposed structures; 2. The location, size, slope, and material-type of all proposed pipes; and

1. Overflow swales with a 50-year design capacity over all storm sewers.

 No habitable structure is allowed closer than 60 feet to any open (natural or improved) channel.

 The stormwater runoff collected from the impervious surfaces on the site is not allowed to flow out of a driveway approach or “sheet flow” onto adjoining properties.

 The discharge point for an enclosed system must extend to a defined open channel (whether natural or improved).

 The site plan does not address discharge points from roof drains.

 The applicant may wish to consider obtaining a temporary construction easement on the southerly property to allow a drainage swale to be graded along that property's north line. Such a swale would be beneficial for diverting runoff away from the subject site to the road ditch.

13. The site is subject to the provisions of SMC Chapter 12.24, which pertains to the construction and maintenance of on-site stormwater detention facilities. Prior to the issuance of a building permit, the applicant must comply with these Shawnee Planning Commission -13- September 8, 1998

regulations by either: (1) submitting a letter report prepared by a registered engineer that provides calculations showing that no drainage inadequacies exist within 1,000 feet downstream of the site, and paying a detention fee calculated based on $5,000.00 per impervious acre; or (2) correcting those existing drainage inadequacies within 1,000 feet downstream of the site and paying the prescribed detention fee; or (3) providing on-site detention facilities.

The preliminary design for this site included plans to provide on-site detention facilities. The applicant has met with City Engineering staff and discussed options for handling storm drainage. Given the limited site area available and the adequacy of existing drainage structures downstream of the site (based on recent studies for other properties within this subdivision) the applicant may wish to consider paying the detention fee rather than detaining stormwater on site. In either case, the applicant shall comply with the provisions of SMC Chapter 12.24 prior to issuance of a building permit

14. Fewer than five acres of the overall site will be disturbed; therefore, an Environmental Protection Agency National Pollutant Discharge Elimination System (NPDES) Permit (Construction Activity Form 1) from the Kansas Department of Health and Environment is not required.

15. Erosion control measures are required to be undertaken and shall be indicated on the grading plans, to be approved by the Engineering Division. Erosion control measures shall be in place during all construction.

16. Open space fees in the amount of 1.8 cents per square foot, a total of $1,115.23, shall be paid prior to issuance of a building permit, as provided by SMC 12.14.

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

Item No. 4, SP-43-98-9, site plan of STONE CONCEPTS, INC., was approved as a Consent Agenda item, on page one.

Item No. 5 Shawnee Planning Commission -14- September 8, 1998

SP-44-98-9: consider request for site plan approval for an office building at 7730 Hedge Lane Terrace. Request submitted by Campbell, Barber, Lambeth & Associates for the ZARDA BROTHERS OFFICE BUILDING.

EXPLANATION OF ITEM

The applicant requests site plan approval for construction of a 10,400 square foot office building, to be located at 7730 Hedge Lane Terrace. The application is filed by Nolte & Associates for the Zarda Brothers.

RECOMMENDATION

Staff recommends approval of SP-44-98-9, site plan for a multi-tenant office building at 7730 Hedge Lane Terrace, subject to the following conditions:

1. K-7 Industrial Park, 4th Plat, shall be filed of record prior to issuance of a building permit;

2. The site shall be developed as depicted on the approved site plan;

3. Planning Commission concurrence to allow the proposed curb return to extend across the south property line by approximately 15 feet, as shown on submitted plans. Proposed driveway entrances shall be designed and constructed generally in accordance with Standard Detail 21-10 of the Shawnee Manual of Technical Specifications and Design Criteria;

4. The applicant shall be responsible for improving portions of the existing road ditch adjacent to the subdivision prior to the issuance of a building permit. The “reconstructed ditch” shall be designed and built to the proper grade and slope in accordance with the Shawnee Manual of Technical Specifications and Design Criteria. All driveways and culverts are restricted to an asphalt pavement within the Hedge Lane Terrace right-of-way;

5. The driveway approach must slope toward the street between ¼ inch and ½ inch per foot within the right-of-way. A Right-of-Way Work Permit (Form A) is required prior to any construction;

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

7. The proportional street fees, in accordance with the development agreement for this property, are $ 2,912.68, and shall be paid prior to issuance of a building permit; Shawnee Planning Commission -15- September 8, 1998

8. Planning Commission concurrence with a waiver of the 60 foot setback from the 25 year design storm, to allow the building to be constructed within 49.5 feet of the 25 year design storm, as depicted on the site plan;

9. Prior to issuance of a building permit, the applicant shall submit revised grading and stormwater drainage plans to the Engineering Division addressing the items noted in the staff report;

10. Drainage improvements within a public right-of-way or easement shall conform with the City's Manual of Technical Specifications and Design Criteria;

11. The applicant shall file a copy of the approved National Pollutant Discharge Elimination System Permit (Construction Activity Form 1) from the Kansas Department of Health to the City Engineer upon approval by the State;

13. All utilities shall be placed underground;

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

15. Open space fees in the amount of $ 1,113.39 shall be paid prior to issuance of a building permit; and

SITE PLAN REVIEW

1. The applicant requests site plan approval to construct a 10,400 square foot multi- tenant office building on a tract of approximately 1.42 acres located on the west side of Hedge Lane Terrace (west of K-7), north of 79th Street.

2. The subject property is zoned PI (Planned Industrial); and was recently included in the final plat of K-7 Industrial Park, 4th Plat, which was approved by the Planning Commission and City Council in their meetings of August 3, and August 24, 1998, respectively. The plat shall be filed of record prior to issuance of a building permit. It is adjoined on the north, south, and west by undeveloped industrial lots in the K-7 Industrial Park, which are also zoned PI. The tract is adjoined on the west by the right-of-way for K-7 and Hedge Lane Terrace, its associated frontage road. Shawnee Planning Commission -16- September 8, 1998

3. The proposed use is in conformance with the Land Use Guide of the Comprehensive Plan, which anticipates development of light industrial uses in the vicinity of 79th and K-7.

4. All bulk requirements have been satisfied. The building is set back approximately 103 feet from the Hedge Lane Terrace right-of-way, exceeding the 50 foot setback requirement in the PI district. Side and rear building setbacks also meet code requirements. Parking and circulation areas are set back approximately 28 feet from the Hedge Lane Terrace right-of-way, in accordance with Zoning Ordinance requirements.

5. Access to the site will be solely from Hedge Lane Terrace. The applicant is proposing to limit the number of driveway entrances to Hedge Lane Terrace, and is showing two, rather than three, commercial driveway connections to serve the three lots in this subdivision. The subject tract would share access with the property to the north by way of an internal driveway which would extend north from the proposed parking lot.

6. In order to accommodate the proposed grade on the site, the proposed curb return will extend across the south property line by approximately 15 feet. Because of the grade and the necessity for a retaining wall on the east (front) side of the lot, staff would concur with a waiver to allow the location of the proposed driveway entrance as shown. The proposed driveway entrance shall be designed and constructed in accordance with Standard Detail 21-10 of the Shawnee Manual of Technical Specifications and Design Criteria. The centerline grade of the approach must slope toward the street between ¼ and ½ per foot within the right-of-way. In addition, the applicant will need to obtain a Public Improvement Permit (Form C) prior to the issuance of a building permit.

The parking lot, loading area and proposed driveway entrance shall be designed and constructed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, and shall be constructed prior to issuance of an occupancy permit.

7. Thirty nine (39) parking stalls, plus two handicapped accessible spaces, a total of 41 parking spaces, are being provided, in accordance with the requirements for office uses.

8. The proposed three-tenant office building will be an attractive addition to the developing industrial area on the west side of K-7 Highway. Submitted elevations indicate that the proposed building will have an exterior treatment of brick and EIFS, in tones of tan and maroon. Specifically, the east (front) and (north and south) sides of the building would have a 3-foot high maroon (Glen Gery Maroon) wainscot of face brick, with the upper 12 feet consisting of tan (Sandalwood, #112) EIFS. The four building corners would be accented with brick pilasters consisting of a vertical course of red brick and a vertical course of red brick with quoins of tan accent brick at two (2’) foot intervals. Shawnee Planning Commission -17- September 8, 1998

The building is shown as having three tenant entries, each with a prominent covered entry. The center entrance would have a peaked overhang with an EIFS fascia in “Sandalwood” with “Cherrystone” (mauve) highlights. The overhang supports will be bricked columns with tan brick at the base and maroon brick on the central portion, and a tan course at the top for accent.

Windows on the building front will be within aluminum frames painted “Redwood” to provide accent. The windows on each side of the center entrance will be in a pyramid configuration, reiterating the theme of the peaked overhang. The entries on the north and south ends of the building front will be more rectangular; windows on each side of these entrances will be inverted pyramids.

The building sides will have an exterior of brick wainscots and “Sandalwood” EIFS; the rear portion of the building will be entirely of “Sandalwood” EIFS.

9. Frontage and open space trees shown on the landscaping plan meet code requirements. English Oaks will be used as frontage trees on the tract; Sunset Maples and White Pines will be used for open space trees. Burning bush and barberry will be used to supplement the tree plantings. Staff would point out that the applicant has specified trees that exceed the size requirements of the Zoning Ordinance.

Submitted plans indicate that all disturbed areas in required front, side and rear yard areas will be sodded, in accordance with SMC 17.57.035.

10. The dumpster will be located south of the proposed building, within a trash enclosure with a treatment of maroon face brick, in accordance with City policies.

11. Mechanical equipment will be ground-mounted and located on the west side of the building, which will provide screening from the street right-of-way. Plans indicate that landscaping will be placed on the west side of the mechanical units, to provide additional screening of the units. All utilities are required to be placed underground, as shown on submitted plans.

12. The subject site is subject to a development agreement which was executed between the applicant and City Council, prior to the excise tax taking effect. The agreement stipulates that a proportional fee be paid when applications are made for building permit or when ownership is transferred for any platted lot, portion of a platted lot, or unplatted lands covered by the preliminary plat. Additionally, the agreement stipulates that any unpaid fee due the City will bear interest at the rate of eight percent (8%) per annum until paid. The proportional street fees for the subject property are $ 2,912.68, and shall be paid prior to issuance of a building permit.

13. The City Council granted the applicant a waiver for permanent road improvements. The applicant shall be responsible for improving portions of the Shawnee Planning Commission -18- September 8, 1998

existing road ditch adjacent to the subdivision prior to the issuance of any building permits. The “reconstructed ditch” shall be designed and built to the proper grade and slope in accordance with the Shawnee Manual of Technical Specifications and Design Criteria. A Right-of-Way Work Permit (Form A) is required prior to commencing construction.

The proposed driveway entrances and culverts shall be designed and built according to the Shawnee Manual of Technical Specifications and Design Criteria. All driveways and culverts are restricted to an asphalt pavement within the Hedge Lane Terrace right-of-way. In addition, the approach must slope toward the street between ¼ inch and ½ inch per foot within the right-of-way. A Right-of-Way Work Permit (Form A) is required prior to any construction.

14. The final plat for this site is subject to the provisions of SMC Chapter 12.24, which pertains to the construction and maintenance of on-site stormwater detention facilities. These provision shall be satisfied through the detention facility along the west side of Lots 1-3 of this plat and along the east edge of Lots 6-8 of K-7 Industrial Park, 3rd Plat.

15. The proposed drainage system shown on the site plan is generally acceptable; however, Engineering staff will work with the applicant to resolve some minor design issues. The proposed storm sewer paralleling the north lot line will be a public system. Those portions of the proposed stormwater drainage system placed within a right-of-way or easement will be designed and constructed as public improvements, in accordance with the Shawnee Manual of Technical Specifications and Design Criteria. Plans submitted for a building permit shall address the following:

 Public and private stormwater drainage systems serving commercial and industrial uses must be designed to convey the runoff from a 25-year storm, except 50-year overflow swales; and

 A road ditch will need to be graded within the right-of-way adjacent to this lot (and the property to the south) to the extent necessary to provide positive drainage. The design shall include the hydrologic and hydraulic calculations for sizing the ditch and the culvert under the entry to convey the runoff from a 25-year storm. The culvert must be a minimum of 15 inches in diameter, and have flared end-sections installed at both ends.

16. The site grading and drainage plan shows the boundary of the 25-year storm for the improved open channel. The proposed building is approximately 30 feet from the 25-year boundary, because the channel also serves as a detention basin for K-7 Industrial Park. The concrete ditch liner was designed to convey the runoff from an unrestricted 25-year storm.

The proposed building is approximately 49.5 feet from the top of the ditch liner. All habitable buildings are required to be at least 60 feet from the boundary for a 25-year design storm of any open channel (whether natural or improved) having a Shawnee Planning Commission -19- September 8, 1998

10-year design capacity of 8 c.f.s. or more. The options available for meeting this requirement include moving the building approximately 10.5 feet north and east of its present position, causing the entrance drive to be steeper; moving the building to the front setback line and placing the parking area in back, requiring the placement of much more fill material; rotating the building 90 degrees and placing it parallel to the south lot line, and design the entrance as a divided approach and move it across the north line to be shared by Lots 10 and 11. This option is precluded by the utilities and easements on the north part of the lot.

Because the above-mentioned options are impractical, staff concurs with a waiver of this requirement, to allow the building to be constructed within 49.5 feet of the 25 year design storm, as depicted on the site plan.

17. Since the preliminary plat of K-7 Industrial Park was greater than five (5) acres, the applicant was required to apply for an Environmental Protection Agency National Pollutant Discharge Elimination System Permit (Construction Activity Form 1) from the Kansas Department of Health. A copy of the application has been submitted to the City Engineer. Upon approval by the State, the applicant shall file a copy of the permit with the Engineering Division.

19. Open space fees in the amount of $ 1,113.39, based on the open space fee rate of 1.8 cents per square foot of lot area, shall be paid prior to issuance of a building permit, as provided by SMC 12.14.

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

Item No. 5, SP-44-98-9, site plan of ZARDA BROTHERS OFFICE BUILDING, was approved as a Consent Agenda item, on page one.

NEW BUSINESS

Item No. 6 Shawnee Planning Commission -20- September 8, 1998

THE FOLLOWING ITEM TO BE TABLED TO OCTOBER 19, 1998, MEETING: Z-14-97-10; SUP-4-98-5: consider request to rezone from RS (Residential Suburban) and PI (Planned Industrial) to CN (Commercial Neighborhood) and a special use permit to allow gasoline sales in conjunction with a commercial facility at Johnson Drive and Woodland. Request submitted by TOM CRILLY.

EXPLANATION OF ITEM

The applicant requests rezoning of a five (5) acre tract at the northeast corner of Johnson Drive and Woodland from RS (Residential Suburban) and PI (Planned Industrial) to CN (Commercial Neighborhood) and a special use permit to allow gasoline sales in conjunction with a commercial facility at Johnson Drive and Woodland. The applicant is Thomas M. Crilly, owner.

Staff requests that this item be tabled for consideration at the October 19, 1998, meeting. The City Council has requested that the Johnson County District court remand consideration of the VanLerberg commercial project and the Woodland Creek townhome development back to the City for additional consideration and review by the Governing Body. The result of that review and reconsideration will have an effect upon the development of the site plan for this request. RECOMMENDATION

Staff recommends this item be tabled to the October 19, 1998, meeting.

Commissioner Bedora, seconded by Commissioner Sawyer, moved to table Z-14-97-10 and SUP-4-98-5 for TOM CRILLY to the meeting of October 19, 1998. Motion to table was carried 6-0.

Item No. 7

SUP-6-98-9: consider request for a special use permit and site plan to allow an expansion of an auto works facility at 11114 W. 60th Street. Request submitted by BURDOLSKI AUTO WERKS.

EXPLANATION OF ITEM

Assistant Planner Chris Gralapp explained that the applicant requests a special use permit for construction of a building addition to an existing auto body repair shop in the Townsquare District. The application is filed by Curry Miles Architects for Burdolski Autowerks.

SPECIAL USE PERMIT AND SITE PLAN REVIEW Shawnee Planning Commission -21- September 8, 1998

1. The applicant requests a special use permit and site plan approval for construction of an addition to the existing Burdolski Autowerks at 11114 W. 60th Street. The property is zoned Townsquare (TSQ), and the auto body repair business has existed at this location since 1988.

When the auto body shop took over this building in 1988, the City was in the midst of revising the Zoning Ordinance to incorporate the TSQ district into the regulations, and a moratorium on development in the downtown area was in effect. However, the site plan for the body shop was approved at that time (SP- 52-88-10), and the Townsquare District was subsequently structured to require a special use permit for auto repair uses.

2. Adjoining properties to the north, east and west are zoned TSQ. The subject property is adjoined on the north by a vacated alley; the Hadel office building lies just north of the alley. Adjoining property to the east is developed with K.C. Travel and the Giftables gift shop. The adjoining property on the west is developed with a single family residence; a new parking lot, which was recently constructed for Burdolski’s employees, lies farther west, across Barton. Property to the south, across 60th Street, is developed with the Shangri La Apartments, on property which is zoned RGA (Residential Garden Apartments). Enterprise Rent- a-Car is developed to the south, in the area east of the apartments, at the southwest corner of 60th and Nieman, on property that is zoned TSQ.

3. The subject property and the surrounding area is designated as appropriate for development of office/service uses in the Land Use Guide of the Comprehensive Plan. The existing repair shop has operated as a service use for approximately 9 years at this location.

4. The applicant proposes to add a 20 foot x 67.3 foot, two story (2,347 square foot) addition to the east side of the existing shop building. With the exception of an additional work bay on the north end of the addition, it will have two stories, and will include space for offices, a break room, and records storage.

As noted above, special use permits are required for auto repair shops in the TSQ zoning district to provide an additional measure of control over their appearance and potential effects on surrounding properties. Because the existing body shop became operational before the requirement for a special use permit went into effect, it is a non-conforming use, and the proposed addition would constitute an expansion of the non-conforming use. Therefore, a special use permit is now required, in order to bring the body shop into conformance with the Zoning Ordinance.

5. The existing body shop has an exterior finish of concrete block which is painted a medium gray, with maroon accents in the signage and awnings. The existing building and the proposed addition will be painted a light warm tan color (Pale Sable 9-16P) with warm medium tan trim (Audabon 9-18T). Shawnee Planning Commission -22- September 8, 1998

6. Access to the site will not change, and will continue to be provided via an existing driveway on 60th Street. There are currently 20 existing parking spaces on the east side of the building, and 11 service bays within the building. Eight parking stalls will be eliminated or displaced with the proposed construction. However, the applicant recently completed construction of a new employee parking lot with 12 spaces at the northwest corner of Barton & 60th Street, which will replace the on-site parking spaces lost with the building addition, providing a total of 24 open parking spaces. In addition, 2 new service bays will be provided within the building with the new construction, for 13 interior spaces, a total of 37 spaces for automobiles.

In accordance with the Zoning Ordinance, the Planning Commission is authorized to determine the parking requirements for uses within the TSQ district, taking into account additional surface parking available in the area, and the needs of the particular business.

Because of initial concerns about possible storage of inoperable vehicles on this site, conditions of approval were stipulated with the original site plan for the repair shop in 1988, and the off-site parking lot in 1997. Specifically, on-site storage is limited to vehicles that are awaiting repair, and is to be of a short term nature. The area east of the building is enclosed with a solid fence to screen the car storage area. In addition, the off-site parking lot is specifically for parking employees’ personal automobiles, and is not to be used for storage of cars awaiting repair.

The applicant has been very conscientious in maintaining the appearance of the subject site, and there have been no problems with the auto repair business under its current ownership. The existing fence which provides screening between the vehicle storage area and the 60th Street right-of-way will be relocated and attached to the new addition, thus providing the same screening of the auto storage area from the street. Because the applicant has been mindful of maintaining the appearance of the site, and is adding additional work space within the building where cars will be stored, staff would concur with the parking layout as proposed.

7. Existing frontage landscaping was placed with the building renovation in 1988, and is in good condition. No additional landscaping is required.

8. The existing dumpster is kept inside the fenced area during the day and is adequately screened within the storage compound. Air conditioning compressors are located on the north side of the building, and are also screened from view.

9. The proposed addition will not involve an increase in the number of lots or require re-subdivision of the subject property. In addition, the applicant signed a Covenant of Non-Opposition for future improvement of 60th Street. Therefore, the provisions of SMC 12.28 (Street Excise Tax) do not apply. Shawnee Planning Commission -23- September 8, 1998

10. 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. Due to the nature of this site and the surrounding area, it appears that erosion control measures will not be required.

11. No additional impervious surface will be created with this project; therefore, it is not subject to SMC Chapter 12.24, which pertains to the construction and maintenance of on-site stormwater detention facilities.

12. Open space fees were not assessed at the time of the original site plan approval, and are now applicable. Open space fees in the amount of $ 550.80 (3 cents per square foot) shall be paid prior to issuance of a building permit, as provided by SMC 12.14.

RECOMMENDATION

Staff recommends approval of SUP-6-98-9, special use permit and site plan for an addition to Burdolski Autowerks at 11114 W. 60th Street. Approval of the special use permit will bring the auto body shop into conformance with Zoning Ordinance requirements.

The existing repair shop has operated as a service use for approximately 9 years at this location without any problems and the proposed addition will provide additional enclosed work space to accommodate the automobile storage needs of the facility. Staff recommends approval of the special use permit and site plan, subject to the following conditions:

1. The proposed addition will be constructed in accordance with the approved site plan;

2. Planning Commission concurrence with the parking proposed for the site. Namely that 12 parking stalls will be provided on the site, 13 work bays will be provided inside the building, and 12 spaces at the northwest corner of Barton and 60th Street (24 open parking spaces, plus 13 provided in service bays within the building = a total of 37 automobile spaces);

3. In accordance with the original site plan for this site, on-site storage shall be limited to the area within the fenced portion of the lot, is limited to vehicles that are awaiting repair, and is to be of a short term nature. In addition, the off-site parking lot at the northwest corner of Barton and 60th Street is specifically for parking employees’ personal automobiles, and is not to be used for storage of cars awaiting repair;

4. Open space fees in the amount of $ 550.80 (3 cents per square foot) shall be paid prior to issuance of a building permit, as provided by SMC 12.14; and Shawnee Planning Commission -24- September 8, 1998

5. Review of the special use permit in one year.

PUBLIC DISCUSSION

The applicant had nothing to add to staff’s presentation, but asked what the open space fee entailed. Mr. Chaffee responded that it is a fee that is collected on single family or multi-family lots when building permits are issued for construction of new single family buildings or when a site plan is approved for construction on a commercial or industrial property. It is only assessed one time, so if the applicant were to do additional additions on that property, there wouldn’t be an open space fee. He said that the fee is collected, then used to either purchase additional park land within the City of Shawnee, or to make improvements to existing parks within the City of Shawnee.

Chairman Mazza asked the applicant if he was in agreement with the other conditions of approval, to which Mr. Burdolski responded yes.

No one spoke in opposition.

PLANNING COMMISSION DISCUSSION

Commissioner Bedora commented that he agreed with staff’s report that the Burdolski have kept this particular site in good order and good standing and clean, and it doesn’t look like a junk yard around there. He thought they were to be commended for that. He further thought that the addition would be a fair and hopefully adequate addition for the moment, and certainly to improve the office space from the present 6’x 6’ to something bigger. He stated he was in support of the application.

Commissioner Sawyer, seconded by Commissioner Bedora, moved for approval of SUP- 6-98-9, special use permit for BURDOLSKI AUTO WERKS, subject to staff recommendations. Motion was carried 6-0.

Item No. 8

SP-42-98-9: consider request for site plan approval for the RIEKE FUELING FACILITY at 15400 Midland Drive. Request submitted by Olsson Associates for Rieke Brothers Construction.

EXPLANATION OF ITEM

Planning Director Paul Chaffee explained that the applicant requests site plan approval for improvement of the parking and fueling facilities at the Rieke Brothers facility at 15400 Midland Drive. The application is filed by Olsson Associates for Rieke Brothers Construction. Shawnee Planning Commission -25- September 8, 1998

SITE PLAN REVIEW

1. The applicant requests site plan approval for facilities improvement at the Rieke Brothers site at 15400 Midland Drive. The application is filed by Olsson Associates for Rieke Brothers Construction. The improvement will consist of replacing existing underground fuel storage tanks with above-ground tanks, and paving the existing truck and automobile parking areas.

2. The property which is the subject of this request is a paving contractor’s business which has existed at this location for a number of years. Staff would point out that under the current Zoning Ordinance, paving contractors are not an allowed use in the CH zoning district. However, the use was allowed in commercial and business districts under previous versions of the Zoning Ordinance that were in effect at the time the property was originally developed.

Because it is not listed as an allowed use in the Zoning Ordinance, the existing paving contractor is considered a legal non-conforming use, which has some rights to maintain the existing use but not expand substantially. It is the Planning staff’s opinion that the improvements proposed with this application (Phase 1 and 2) do not represent an expansion of the use. Rather, the proposed improvements would bring the existing use into conformance with current standards. However, a more sizable expansion than shown on submitted plans would represent an enlargement of the use that would not be allowed under the current Zoning Ordinance.

3. The property is composed of three distinct “tracts”, as shown on the submitted phasing plan. The area labeled as Tract 1 is zoned CH (Commercial Highway) and developed with office and support buildings, and unpaved parking and maneuvering areas for the contractor’s business. The area north of Tract 1 is zoned AG (Agricultural) and used for open storage of vehicles and equipment.

The area immediately west of Tract 1 is a 3 acre lot platted as Lot 5 of Hall Gardens. A small portion of the lot (less than 1 acre) is currently used for parking employee vehicles on a gravel surface near Midland Drive; the remainder of the tract is undeveloped. The area immediately west of Lot 5 is platted as Lot 4, Hall Gardens, and is zoned RE (Residential Estates) and developed with an older residence.

The area immediately east of Tract 1 is also zoned CH and developed with a contractor’s office and paved area for trucks. A common drive is on this property is shared with the subject tract.

The subject tract is adjoined on the south by Midland Drive; the area south of Midland is zoned AG and RS (Residential Suburban) and developed with residences on large tracts of land. Shawnee Planning Commission -26- September 8, 1998

4. Though the subject tract and surrounding area to the north and east are zoned CH and AG, the area is designated as appropriate for development of medium density residential land uses in the Land Use Element of the Comprehensive Plan. With approval of the proposed modifications and additions to the subject property, the land area occupied by the existing use would be increased.

At the same time, however, the applicant must meet Federal Environmental Protection Agency (EPA) regulations and bring fuel storage tanks into compliance with new standards by the end of the year. Further, the existing use is currently not in compliance with the City’s parking or landscaping standards. The addition of the proposed paving improvements and placement of landscaping would enhance the appearance of the site, reduce dust from the gravel surfaces, and provide stormwater drainage controls where none currently exist.

5. The proposal is composed of four phases and a possible fifth phase. With this application, the applicant would remove existing underground gasoline storage tanks that are located just north of the existing building, and replace them with three above-ground storage tanks of approximately the same capacity (a total of 38,000 gallons). In addition, the area within Phase 1 (Lot 5 of Hall Gardens) would be paved and striped for parking the contractor’s large trucks.

Because of the existing residential zoning, and the potential for future residential development on Lot 4, the west side of Lot 5 would be bermed and landscaped to provide screening of the truck parking area and fueling facilities. A fueling canopy would be added at the north end of the area shown as Phase 1. The truck parking area would also be secured with a 6 foot chain link fence, which would be gated for security.

Staff would point out that the State Fire Marshall has indicated that the proposed storage tanks need to be relocated approximately 15 feet north to maintain required separation from the dispensing area. Plans submitted for a building permit for the fueling area shall be modified to note repositioning of the fuel tanks in accordance with the State Fire Marshall’s recommendation; i.e, the fuel tanks would be located approximately 25 feet from the north property line.

The area shown as Phase 2 would be paved, striped, and landscaped for parking area for employee automobiles. The applicant has indicated that paving of the parking lot would occur immediately following the completion of Phase 1.

Expansion of the office area on the south (front) side of the existing building is identified as Phase 3; Phase 4 would be an expansion of the shop area expansion on the north (rear) part of the building. The addition of additional employee parking on the south side of the existing building is identified as a possible Phase 5. In order to ensure that paving of the areas designated as Phases 1 and 2 is completed in a timely manner, staff recommends that no building additions may occur until such time as Phases 1 and 2 parking are completed. Shawnee Planning Commission -27- September 8, 1998

Prior to consideration of any site plans for building expansions, shown as Phases 3 and 4, the applicant shall request the Governing Body to consider an amendment to the zoning regulations which would allow, as a special use permit, building and construction contractors yards in the Commercial Highway zoning district, and such an amendment shall be considered and adopted after the required public hearings. An addition to the building is not allowed as a non- conforming use, therefore an amendment to the zoning regulations will be required.

6. Information submitted with the current application, particularly information regarding drainage, is adequate for review of Phase 1 only. Prior to construction of any additional impervious surface area beyond the area identified as Phase 1, the applicant will need to submit a complete set of grading and drainage plans to the Engineering Division, including hydraulic and hydrologic analyses and calculations, addressing runoff from the site and the area to the north.

7. The applicant has submitted color photos and information indicating that the proposed fueling canopy will be one that has been disassembled from an existing Amoco station and will be relocated to the subject property. No information regarding building materials for Phases 3 and 4 was submitted with this application; complete site plan applications, including building elevations, for Planning Commission review and approval will be required prior to construction of any additional building area (Phases 3 and 4).

8. The current right-of-way on Midland Drive is 30 feet from the existing centerline of the street. Forty-five (45’) feet of right-of-way from the proposed centerline is required for the proposed Midland Drive improvement. Submitted plans indicate that paved areas would be 25 feet from the new street right-of-way and west property line, in accordance with the requirements of the CH district. The applicant shall work with the City Engineer regarding the provision of right-of- way for Midland Drive, and resolve the issue prior to issuance of a building permit.

Mr. Chaffee noted that the applicant will visit with the Planning Commission that there have been some discussions ongoing with the Engineer but are not resolved.

9. With Phase 1, spaces for parking forty-one (41) trucks would be constructed. Parking for the trucks would be angled in order to encourage one-way circulation through the parking area, with the intent of forcing trucks northward to the fueling area. Trucks that have been fueled would then be able to proceed either north to the existing storage and staging area, or turn south and return to the truck lot through internal driveways, or enter Midland from the center driveway on the tract.

10. Fifty-eight (58) parking stalls, plus three handicapped accessible spaces, for a total of sixty-one (61) parking stalls, are shown for Phase 2, in accordance with the number of employees at the facility. As noted previously, the applicant will Shawnee Planning Commission -28- September 8, 1998

need to submit complete plans to Planning Department and Engineering Division staff prior to construction of the parking area in Phase 2.

11. The driveway connections on Midland Drive will be constructed as part of the street improvement project, in accordance with City policy. The applicant is responsible for obtaining a Public Improvement Permit (Form C) for construction of the approaches. The permit shall be obtained prior to the issuance of any building permit or commencing any construction.

The parking lot, truck maneuvering area, and proposed driveway entrance shall be designed and constructed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, and shall be constructed prior to issuance of a building permit for Phases 3 and 4.

12. Frontage and open space trees shown on the landscaping plan for Phase 1 meet code requirements. Autumn Purple Ash will be used as frontage trees on the tract for Phase 1; clusters of Scotch Pines on staggered 15 foot centers will be placed along the west property line of the Phase 1 area to screen the proposed truck parking area. Small shrubs are also indicated to be planted in this area. During discussions with staff, and with the concurrence of the applicant, it was understood that continuous staggers on 15 foot center double row pine buffer would be provided along the west side of the property. The landscape plan shall be revised to indicate these plantings. All landscaping along the west property line and adjacent to the Phase 1 shall be completed prior to parking in the parking lot or dispersing of gasoline from the new refueling area, whichever comes first.

Mr. Chaffee stated that in discussions with the applicant this date, the applicant has indicated that the Scotch Pines will be replaced with White Pines in response to an article in the Star about the problems that Scotch Pines and Austrian Pines are having right now. Rather than planting about 70 trees that may die shortly, the applicant has agreed to change the species.

Staff would point out that the frontage trees shown on the Phase 2 area do not meet Ordinance requirements. At a ratio of 1 tree per 50 feet, seven trees would be required along the frontage of Tract 1; two are shown. Plans for construction of Phase 1 and subsequent phases the parking lot shall be revised to show the required frontage trees.

Submitted plans do not include notations regarding sodding. Plans for construction of Phase 1 and subsequent phases shall be revised to note that all disturbed areas in required front, side and rear yard areas will be sodded in accordance with SMC 17.57.035.

13. Because the property is not being re-platted, it is not subject to SMC 12.28 (Street Excise Tax). However, the subject property is included in the benefit district for the improvement of Midland Drive. The estimated assessment on Midland Drive, based on the rate of $110 per front foot, would be approximately $57,635.60. Shawnee Planning Commission -29- September 8, 1998

14. This site is subject to the provisions of SMC Chapter 12.24, which pertains to the construction and maintenance of on-site stormwater detention facilities. On-site detention would normally be required for a commercial use of more than 5 acres. However, the applicant has submitted a study showing that delaying the peak flow from this site with a detention facility will actually increase the peak flow on Little Mill Creek. However, the applicant still needs to submit drainage calculations to address any drainage inadequacies that may exist 1,000 feet downstream of the site.

Engineering staff recommends that on-site detention not be required for this site. Instead, the applicant may comply with these regulations by either: (1) submitting a revised study showing that no drainage inadequacies exist and paying a detention fee calculated based on $5,000.00 per impervious acre created; or (2) correcting those existing drainage inadequacies of the site and paying the prescribed detention fee.

All improvements associated with correcting any downstream inadequacies or within a public right-of-way or easement shall be designed in accordance with SMC Chapter 12.24 and the Shawnee Manual of Technical Specifications and Design Criteria, except as specifically varied or waived by action of the City Council. Prior to obtaining a building permit or commencing any construction, the applicant will need to obtain a Public Improvement Permit (Form C).

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

17. Open space fees in the amount of $ 3,946.54, based on the open space fee rate of 3 cents per square foot for commercial uses, shall be paid prior to issuance of a grading or building permit, as provided by SMC 12.14.

18. Any utility extensions required for Phase 1 (the proposed fuel tanks, canopy, and parking area) shall be placed underground;

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

RECOMMENDATION Shawnee Planning Commission -30- September 8, 1998

As noted above, staff views the improvements proposed under Phases 1 and 2 with the submitted application as improvements to a legal non-conforming use, which do not represent an expansion of the use. Rather, the proposed improvements would bring the existing use into conformance with current standards. If the Planning Commission concurs that the improvements are not an expansion of the use, staff recommends the following conditions of approval for SP-42-98-9, site plan for Rieke Brothers facility improvements at 15400 Midland Drive:

1. Prior to issuance of a grading permit or building permits for the canopy and fuel storage tanks, the applicant shall submit two corrected copies of the site and landscaping plan to the Planning Department showing the following corrections. All plans for construction shall also be corrected accordingly:

 Plans submitted for a building permit for the fueling area shall be modified to note repositioning of the fuel tanks in accordance with the State Fire Marshall’s recommendation; i.e, the fuel tanks would be located approximately 25 feet from the north property line;

 Plans for construction of Phase 1 and subsequent phases shall be revised to note that all disturbed areas in required front, side and rear yard areas will be sodded in accordance with SMC 17.57.035;

 A solid pine planting strip along the west side of the entire site shall be provided as outlines in the staff report. All landscaping associated with Phase 1 shall be completed prior to placement of any vehicles in the parking lot, or use of the new refueling area, whichever comes first.

2. Prior to construction of any additional impervious surface area beyond the area identified as Phase 1, the applicant shall submit a complete set of grading and drainage plans to the Engineering Division, addressing the items in the staff report;

3. No building additions may occur until such time as Phases 1 and 2 parking /paving are completed;

4. Prior to any building expansion undertaken in Phases 3 and 4, the applicant shall request, and an amendment shall be made to the zoning regulations which will allow, as a special use permit, building and construction contractors yards. Should such an amendment be adopted, complete site plan applications, including building elevations, will be required for Planning Commission review and approval prior to construction of any additional building area (Phases 3 and 4);

5. The parking lot, truck maneuvering area, and proposed driveway entrance shall be designed and constructed in accordance with the Shawnee Manual of Technical Specifications and Design Criteria, and shall be constructed prior to issuance of a building permit for Phases 3 and 4; Shawnee Planning Commission -31- September 8, 1998

6. The applicant shall comply with the requirements of SMC 12.24 (regarding construction and maintenance of on-site stormwater detention facilities) by either: (1) submitting a revised study showing that no drainage inadequacies exist and paying a detention fee calculated based on $5,000.00 per impervious acre; or (2) correcting those existing drainage inadequacies of the site and paying the prescribed detention fee.

7. Prior to issuance of a grading permit, the applicant shall submit drainage calculations to address any drainage inadequacies that may exist 1,000 feet downstream of the subject site;

8. Drainage improvements within a public right-of-way or easement shall conform with the City's Manual of Technical Specifications and Design Criteria. Prior to obtaining a building permit or commencing any construction, the applicant shall obtain a Public Improvement Permit (Form C);

9. An Environmental Protection Agency National Pollutant Discharge Elimination System (NPDES) Permit (Construction Activity Form 1) from the Kansas Department of Health and Environment is required. A copy of the application shall be submitted to Engineering staff prior to the issuance of a grading permit. A copy of the permit shall be submitted upon approval by the State;

10. Open space fees in the amount of $ 3,946.54 shall be paid prior to issuance of a grading or building permit, as provided by SMC 12.14;

11. The applicant shall work with the City Engineer to dedicate 45 feet of right-of- way from the centerline of Midland Drive, prior to issuance of a building permit;

13. All utilities are required to be placed underground;

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

PUBLIC DISCUSSION

The applicant, Leon Rieke, of Max Rieke and Brothers, stated that they are a grading contractor, not an asphalting contractor. He stated that he has a problem with the Midland Drive right-of-way prior to the building plans. He said they are dealing with two separate issues. He stated he has to start this facility now. He has to have Phase I done by December 22nd to comply with the Federal regulations on the underground Shawnee Planning Commission -32- September 8, 1998

storage tanks. He didn’t know how long the right-of-way issue on Midland Drive is going to take. He said they have not been approached yet; they are losing 16 parking spaces out there because of the additional right-of-way the City has required. They have security problems that they have to deal with, etc., and they have not talked about it at all. He needs to get started on this and the building permit being held up because of Midland Drive right-of-way is not right, in his opinion. He stated that he owns the property to the west that they are abutting. The property to the north is owned by Midland Adventist School, which is Shawnee Mission Hospital. He said they own the property directly to the north of their existing facility.

No one spoke in opposition.

PLANNING COMMISSION DISCUSSION

Commissioner Sheridan asked what was the answer to the applicant’s question.

Mr. Chaffee responded that staff knows that Mr. Rieke is under the gun to get the underground storage tanks out of the ground and above ground, and the Planning Commission may want to consider amending the recommendations to require an ongoing discussion with the Engineer and that the issue be resolved prior to the December 22, 1998, date. He said the City is still proceeding with the Midland Drive project and that date tends to pose a problem. The applicant can always come back to the Commission and ask that it be resolved. That way, there is some understanding, at the staff level also, with Engineering and Mr. Rieke that it is an issue that needs to get resolved and taken care of. Mr. Chaffee stated that if we weren’t improving Midland Drive at this time, it wouldn’t become as big an issue as it is now.

Commissioner Sheridan asked if the issue was the 45 feet right-of-way. Mr. Chaffee responded that was not the issue. Even in the site plan, it shows the right-of-way with the 45 feet from center, then the parking lot being 25 feet, so it meets all the requirements. But the issue is that Mr. Rieke needs to get his building permit issued and Mr. Chaffee didn’t know that the Engineering Division, today, is in a position to make Mr. Rieke an offer for the costs of the right-of-way. He thought they were still doing some of the appraisal work and getting that work done; and then any negotiating that may go on between the two of them. So it may be that the Planning Commission may want to let the applicant proceed with his building permit; but before the applicant may use this facility and it is all finished, the right-of-way is going to be resolved, and that issue is taken care of.

Chairman Mazza commented that the only hang-up he sees is that the applicant has to get his tanks out of the ground and the other ones in. He will have to start using those.

Mr. Chaffee responded that was correct, adding that if it gets to the first of December, the applicant can come to the Planning Commission and discuss extending a date, or reviewing the current situation. Mr. Chaffee thought it was important to get it in the conditions so that both City staff and Mr. Rieke understand that we don’t just do nothing Shawnee Planning Commission -33- September 8, 1998

with the right-of-way dedication that we need to work toward resolving the issue and getting it taken care of.

Mr. Chaffee continued that Mr. Rieke is one of 25 property owners along Midland Drive that is going to be in this situation where we are going to have to require some right-of- way.

Commissioner Bedora noted that everything is there, the footage and everything, but it is just a matter of negotiating dollars and putting it down on paper. Mr. Chaffee responded that was correct, adding that getting the additional 15 feet is not going to have any effect on the site plan. The site plan shows the future Midland Drive right-of-way and we have made all the calculations that we need on the interior of the site plan.

Commissioner Gentry asked what was the issue with drainage. Mr. Chaffee responded that in some cases, we did the Little Mill Creek study and it showed that generally we do on-site detention facilities. In this case, from about Richards Drive to Renner Road, if we did the on-site detention and held the water and then sent it to Little Mill Creek, the peak flow from down in Olathe and Lenexa is already hitting; so what we are doing is causing more of a problem by holding the water and then shipping it out. So, in these situations, what we have been doing is saying that we don’t want the applicant to provide on-site detention; we want them to collect that stormwater and get it off their site as quickly as possible so it gets down in the Big Mill Creek and the Kansas River before the rest of the stormwater comes through. He stated that what the applicant has to do is show that if there is some sort of inadequacy downstream, a bend in the creek that runs south of the property, or if a section of pipe needs to be installed to straighten things out, then that is taken care of. Then the applicant pays the stormwater detention fee, which is in a big fund that goes into storm drainage improvements in general.

Commissioner Bedora asked if the improvements would be creating any additional water flow. Mr. Chaffee responded that some of the improvements will. He said that the applicant has submitted documentation that indicates that with what is collected, we need to get it out.

Commissioner Bedora commented that if they prove that detention would not be good, then we are recalculating recalculations which doesn’t make sense; but if there are some additional elements that are causing additional potential flow, then he understands. Mr. Chaffee noted that the applicant has already submitted that information.

Commissioner Gentry commented that this is the addition of quite a bit of blacktop. Mr. Chaffee responded that it is. Commissioner Gentry noted that the water has to go someplace, so as long as it is staff’s satisfaction that this is the way to go. Mr. Chaffee responded that it is, adding that what will happen is that there will be some slope to the parking area and there will be some area where stormwater is still collected on-site to be shipped off down to Little Mill Creek. It is just that we are not holding it up on the site, but trying to get it out as fast as we can. Shawnee Planning Commission -34- September 8, 1998

Commissioner Sawyer asked how they would contain a fuel spill, if that should happen, and would it go to the storm drain or do they have a mechanism for catching that. Mr. Chaffee responded that design in monitoring during the construction process is handled by Kansas Department of Health and Environment and there are certain rules and regulations that the applicant needs to follow regarding the collection of those facilities. He added that those will have to be included in the design.

Commissioner Sawyer asked if that meant that the tanks will have to be bermed in concrete, or are they just sitting on top of the ground.

The applicant, Leon Rieke, responded that the tanks are sitting on top of the ground. They are a double-wall concrete tank. He thought, but was not real up to speed on the tanks, but the tank people they are working with and who are taking care of their fueling, are working on t he design of these things. He said that they originally thought they would have to have a berm around it, but according to the Kansas Department of Health and Environmental, it is not so anymore.

Commissioner Sawyer stated he was not concerned about the tanks, but he was concerned if somebody was filling up a truck and would spill the diesel fuel across the parking lot.

Mr. Rieke responded that they are talking about that right now and the people who fill this, plus the tank installation people, are discussing what they should do. One of the things that they probably are going to do for sure, is not put the automatic fill nossle on the trucks, so they have to physically stand there and hold them. Anything other than that, at this time, he doesn’t know. He stated they are concerned about it, but are not sure what they are going to do.

Mr. Chaffee stated that he was sure that they would have an overflow grate or something that would collect the spillover.

Commissioner Sawyer commented that generally goes to the storm sewer. That was his concern about the retention on site of a spill. He hopes that would never happen, but it is still possible.

Commissioner Sheridan asked if the applicant would be paying their $57,000 through the benefit district. Mr. Chaffee responded yes, as opposed to payment of the excise tax. The benefit district has been set for Midland Drive.

Commissioner Bedora, seconded by Commissioner O’Connor, moved for approval of SP- 42-98-9 for Rieke Fueling Facility improvements, subject to staff recommendations, would include the verbiage “related to the right-of-way time frame until December 22, 1998, issue being resolved, if not being brought back to the Planning Commission for further review, or prior to use of the tanks before that date.” Motion was carried 6-0. Shawnee Planning Commission -35- September 8, 1998

Item No. 9 - OTHER BUSINESS

(1) As the Commissioners felt it was important to have more Commissioners present for the work session, it was decided the work session would be after the next meeting.

ADJOURNMENT

There being no further business to come before the Commission, Commissioner Sheridan, seconded by Commissioner Bedora, moved for adjournment. The motion was carried unanimously and the meeting adjourned at 8:08 p.m.

Pat Sullivan Recording Secretary