Page 1 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, CITY OF SHAWNEE PLANNING COMMISSION MEETING MINUTES January 17, :30 P.M.

Transcription

1 A. ROLL CALL B. PLEDGE OF ALLEGIANCE Planning Commission AGENDA Monday, February 5, :30 PM C. CONSENT ITEMS 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. 1. Approve the minutes from the Planning Commission meeting of January 17, Planning Commission Meeting Minutes Page # SP ; site plan approval for the construction of an outdoor seasonal display in the form of a garden center at the Lowe s Home Center, located at West 65th Street. The application is filed by Eric Newell, Store Manager for Lowe s Home Center, owner. SP Map SP Lowe's Outdoor Seasonal Staff Report SP Attachment D. NEW BUSINESS 1. Z ; rezoning from PUDMR (Planned Unit Development Mixed Residential) to CN (Commercial Neighborhood) and SUP ; special use permit approval for operation of fuel pumps and a drive-thru lane in the CN zoning district. The applicant also requests SP ; site plan approval for construction of a 10,578 square foot gas/convenience/coffee store in the 5500 Block of Woodsonia Drive. The application is filed by Olsson Associates for Hy-Vee Incorporated, developer. Z SUP SP Hy-Vee Fast and Fresh Zoning SUP Site Plan Staff Report Z Preplat SP SUP Attachment Z Preplat SP SUP Map PREPLAT ; preliminary plat approval for Woodsonia East Center, a single lot commercial subdivision located in the 5400 Block of 50-55

2 Page 2 of 55 Planning Commission Meeting Feb. 05, 2018 Woodsonia Drive. PrePlat Hy-Vee Fast and Fresh Preliminary Plat Staff Report PrePlat Preliminary Plat Z Preplat SP SUP Map E. OTHER BUSINESS F. ADJOURNMENT

3 Page 3 of 55 Agenda Item #C.1. Page 1 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 CITY OF SHAWNEE PLANNING COMMISSION MEETING MINUTES January 17, :30 P.M. PLANNING COMMISSIONERS PRESENT Commissioner Bruce Bienhoff Commissioner Dennis Busby Commissioner John Montgomery Commissioner Kathy Peterson Commissioner Brian Roth Commissioner John Smith Commissioner Les Smith Commissioner Alan Willoughby Commissioner Steven Wise STAFF PRESENT Planning Director Chaffee Deputy Planning Director Allmon Planner Mark Zielsdorf COMMISSIONERS ABSENT Commissioner Randy Braley Commissioner Rusty Mudgett A. ROLL CALL (Planning Commission Meeting Called to Order at 7:32 p.m.) CHAIRMAN BUSBY: Good evening. AUDIENCE: Good evening. CHAIRMAN BUSBY: Good. You guys are catching on. Good evening to everyone. Welcome to the January 17, 2018 meeting of the Shawnee Planning Commission. We ll start with roll call. Commissioner Montgomery. COMMISSIONER MONTGOMERY: Here. CHAIRMAN BUSBY: Commissioner Roth. COMMISSIONER ROTH: Here. CHAIRMAN BUSBY: Commissioner Peterson. COMMISSIONER PETERSON: Here. CHAIRMAN BUSBY: Commissioner Willoughby.

4 Page 4 of 55 Agenda Item #C.1. Page 2 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 COMMISSIONER WILLOUGHBY: Here. CHAIRMAN BUSBY: Commissioner Bienhoff. COMMISSIONER BIENHOFF: Here. CHAIRMAN BUSBY: Commissioner Busby is here. Commissioner Wise. COMMISSIONER WISE: Here. CHAIRMAN BUSBY: Commissioner Braley is absent so far. Commissioner Les Smith. COMMISSIONER L. SMITH: Here. CHAIRMAN BUSBY: Commissioner Mudgett is absent. Commissioner John Smith. COMMISSIONER J. SMITH: Here. CHAIRMAN BUSBY: Thank you. B. PLEDGE OF ALLEGIANCE CHAIRMAN BUSBY: If you ll please join me in reciting the Pledge of Allegiance. (Pledge of Allegiance) C. CONSENT ITEMS 1. APPROVE MINUTES FROM THE PLANNING COMMISSION MEETING OF JANUARY 3, FP ; FINAL PLAT APPROVAL FOR TOMAHAWK HILLS, 4TH PLAT, A REPLAT OF A PORTION OF LOT 2, TOMAHAWK HILLS, 3RD PLAT, A COMMERCIAL SUBDIVISION, LOCATED AT W. 75TH STREET. THE APPLICATION IS FILED BY PHELPS ENGINEERING, INC. FOR FALCO, LLC, DEVELOPER. CHAIRMAN BUSBY: The Consent Agenda. Items 1 through 3 are listed under the Consent Agenda. Unless there is a request to remove one of these items from the Consent Agenda, the items will be approved in one motion. Is there a request to remove any of these items from the Consent Agenda? COMMISSIONER J. SMITH: Mr. Chairman. CHAIRMAN BUSBY: Commissioner John Smith.

5 Page 5 of 55 Agenda Item #C.1. Page 3 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 COMMISSIONER J. SMITH: I d like to remove Item 3, SP from the Consent Agenda. CHAIRMAN BUSBY: Thank you. Then is there -- that will be removed from the agenda and that will be the first item of discussion. Is there a motion to approve the rest of the Consent Agenda? Commissioner Peterson. COMMISSIONER PETERSON: I move that we approve the rest of the Consent Agenda after removing Item Number 3 for New Business. CHAIRMAN BUSBY: Thank you. Is there a second? COMMISSIONER MONTGOMERY: Second. CHAIRMAN BUSBY: Thank you, Commissioner Montgomery. There s a motion and a second to approve the rest of the Consent Agenda, being Items 1 and 2. All in favor say aye. COMMISSIONERS: Aye. CHAIRMAN BUSBY: Opposed nay. Motion carried. [Therefore, the motion was made by Commissioner Peterson and seconded by Commissioner Montgomery to approve Items 1 and 2 of the Consent Agenda. The motion carried 9-0.] 3. SP ; SITE PLAN APPROVAL FOR THE CONSTRUCTION OF A RESIDENTIAL HOME CARE PLUS GROUP HOME, LOCATED AT 5745 ROSEHILL ROAD. THE APPLICATION IS FILED BY DONALD KELLY, DEVELOPER. CHAIRMAN BUSBY: So, we ve removed SP Is the person that applied for this here? MR. KELLY: Yes. CHAIRMAN BUSBY: Mr. Kelly, is that correct? MR. KELLY: That s correct. CHAIRMAN BUSBY: Could you come forward and state your name and address? MR. KELLY: My name is Donald Kelly. 711 Northeast Lone Hill Drive, Lee s Summit, Missouri.

6 Page 6 of 55 Agenda Item #C.1. Page 4 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 CHAIRMAN BUSBY: Thank you, Mr. Kelly. I think we talked to you -- Paul talked to you a little bit before. This is an unusual thing because this is something we don t normally do. And I think I, as well as other Commissioners have some questions about the process and what s going on with it. Consequently, I ll say up front I really have no objection to what you re doing and I m glad to see that these type of facilities that are in demand will be built here. But we wanted to be sure that we understood the process and what s going on with it, sir. MR. KELLY: Sure. Absolutely. CHAIRMAN BUSBY: So, I have a couple questions. If somebody else has one, feel free to go ahead. Mr. Kelly, have you owned or operated other group homes similar to this? MR. KELLY: No. This will be -- CHAIRMAN BUSBY: This is your first one? MR. KELLY: Yeah. This will be our first one. CHAIRMAN BUSBY: Okay. Have you determined how many residents will be in the facility or how many it will house? MR. KELLY: Yes. It ll be 12 residents. This will all be a senior citizen group home as well. CHAIRMAN BUSBY: Okay. And that means that there will be 12 bedrooms or is that 6 bedrooms and they ll be double, which is fairly common in the different facilities. MR. KELLY: No. There will be 12 individual bedrooms and each bedroom will have their own half bath. CHAIRMAN BUSBY: Uh-huh. MR. KELLY: And then there will be a common area, a formal living room, a great room, a chef kitchen as well as a dining room, and a quiet room, kind of library type area as well as a theater room, you know, for them to be able to watch, you know, TV. CHAIRMAN BUSBY: And I m going to assume you ll have medical staff or someone qualified to help with the assistance and the care of these people? MR. KELLY: Yes. We have an RN that is working with us in this process. And then we ll have CNAs that will actually give the care day-to-day, and then an LPN that will actually be the administrator of the facility for us.

7 Page 7 of 55 Agenda Item #C.1. Page 5 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 CHAIRMAN BUSBY: Very fine. One more question. And that is why are we not calling this a medical facility? Meaning that this fits under state guidelines? MR. KELLY: Yeah. It s state mandated, but it s not a medical facility because the people that will be in the facility are not sick people. So, it s not like a nursing home. It s basically, you know, it s called home care plus, which is basically where they provide assistance for like washing clothes, helping get dressed, you know, cooking food and, you know, just the assisted type care that they would need. CHAIRMAN BUSBY: Very fine. MR. KELLY: If a resident got to the point to where they were sickly to the point where they, you know, other than like a cold or something like that that the nurse could provide something, if it got to the point where they were -- they became sick to where they needed, you know, medical attention all the time, then they would basically have to graduate from our facility and move to a fully medical type facility, a nursing home type facility. CHAIRMAN BUSBY: Thank you. Thank you. Commissioner Peterson. COMMISSIONER PETERSON: So, I m understanding that most of these residents are going to be elderly, is that correct? MR. KELLY: That s correct. All of them will be elderly. COMMISSIONER PETERSON: Are they going to all 12 residents have vehicles or is a parking to be an issue? Since we don t have a site plan I don t know. MR. KELLY: No. The only parking that we ll have will be for the staff and then just for occasional visitors. The residents will not be allowed to have their vehicles there at the site. COMMISSIONER PETERSON: Okay. Thank you. MR. KELLY: Most of the residents at that point as well are not really driving as much anyway, so. CHAIRMAN BUSBY: Thank you, Mr. Kelly. Do any other Commissioners have questions for -- Commissioner John Smith. COMMISSIONER J. SMITH: Mr. Kelly, I took at the state statute today, K.S.A , and under the purpose of the act, it said group home means any dwelling occupied by not more than ten persons. And yet I see you re calling this a group home plus. And you had indicated there s going to be 12.

8 Page 8 of 55 Agenda Item #C.1. Page 6 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 MR. KELLY: The state -- MR. ZIELSDORF: Commissioner Smith, I might shed some light on that. The definition that is stated in the statute does indicate ten. The state legislature a few years back upped that to no more than 12. So, even though the state statute says it s listed to show ten, it actually -- you can have up to 12 as a home plus -- as a home care plus facility. COMMISSIONER J. SMITH: Okay. So, that is not in the statute then? MR. ZIELSDORF: That s correct. COMMISSIONER J. SMITH: They ve interpreted the statute to mean that. Okay. And then from what I understand in reading the state statute that we really have limited authority as far as the Planning Commission because anyone can come in and put in a group home in any residential area even though there may be covenants that would restrict other types of things, but the group home is not. That s my understanding of that. And then as I understand looking at the staff report too, then you will file in the deed with the county that this will be a group home and that will be in the deed and listed like that. MR. KELLY: That is correct. COMMISSIONER J. SMITH: Okay. MR. KELLY: Yes. I agree with staff to actually to do that. COMMISSIONER J. SMITH: Are the people notified of this that live in this area or not? I guess I d ask staff that. MR. ZIELSDORF: No, they are not. It is not required. Since there is not a special use permit or a zoning change request that we are not obligated to notify surrounding residents. Like we have several, or not several, there s three or four within Shawnee and several within Johnson County of these type of facilities, these home care plus facilities. COMMISSIONER J. SMITH: Okay. Well, thank you again. I probably should say I have no objection either. I just asked that be pulled so that we would be clear on what we were doing here. Thank you, Mr. Chairman. CHAIRMAN BUSBY: Does the Commission have any -- Commissioner Roth. COMMISSIONER ROTH: I have a question. And so you said there s three or four of these in Shawnee here. Are they new or they just in a residential home? As I look at

9 Page 9 of 55 Agenda Item #C.1. Page 7 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 this layout, it doesn t look like a typical home and obviously it s bigger. It s just going to raise -- MR. ZIELSDORF: The ones that we currently have in Shawnee are existing singlefamily homes that have been renovated into home care plus facilities. And generally that s kind of what you see is you find an existing home. They go in and renovate it, maybe do an addition on it and turn them into a home care plus. This is the first new construction we ve had in Shawnee and that s why it s before you guys this evening. MR. KELLY: If I could kind of add to that. That tends to be the typical. But with taking an existing house and adding onto it you kind of have some restrictions, you know, based on walls and, you know, perimeters that are currently set. And so we wanted to make this facility a really nice facility to where, you know, the residents were not so confined, that they actually had more common space that they could actually move around in and be able to interact and have a home setting. This type of facility is a great answer to someone when they start to get to the point to where they re not able to do all the things, activities that they would normally do as it relates to cooking and, you know, washing and dressing them self all the time to going straight into a big box type of facility. This is kind of you going from a house to a community, you know, house as opposed to going from a house to the big box. And so it kind of helps create that transition. And this facility I just feel like is going to really be a great facility, you know, for the seniors. CHAIRMAN BUSBY: Commissioner Peterson. COMMISSIONER PETERSON: This is more a question about operation of these home care plus, which by the way I believe this is a much needed transition. I think it will -- we have residents here in Shawnee who could definitely benefit from something like this as well as from other places. But are there other things offered during the day? I know the CNAs are there to assist with helping with chores and things like that. But are there any group activities planned? Are there things along that line as well? MR. KELLY: Yes. Great question. We will have, you know, throughout the week and during the day we ll have like people that will come in and play music. We ll have like exercise where there will be somebody come in and kind of help them, you know, movement and motion. We also -- we re going to have a resident chef. So, when someone is being admitted, you know, we ll ask them, okay, you know, what are some of the favorite meals that you like and then we ll ask, you know, we call her Daughter Judy, you know, what is the recipe, you know, that, you know, your dad or your uncle or your mother really likes. And then put that in the rotation that the chef will make so that, you know, it gives them that feel of home as opposed to being in just a facility where it s just everything is just plain. And our facility is going to serve more food where a lot of bigger facilities do a lot more soup and things like that. And so we just -- we really want to try to create a home setting more so than just a facility.

10 Page 10 of 55 Agenda Item #C.1. Page 8 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 CHAIRMAN BUSBY: Thank you. Mr. Kelly, one more question, I was remiss. The first question I should ask you is are you in agreement with the terms and recommendations that staff has put forth? MR. KELLY: Yes. CHAIRMAN BUSBY: Thank you very much. Any other questions? Commissioner John Smith. COMMISSIONER J. SMITH: I had one other question. I was out in that area today and I noticed that there is a nursing facility or some type of facility close by. MR. KELLY: Right across the street. COMMISSIONER J. SMITH: Are you entirely separate from that facility, or do you have any relationship with that? MR. KELLY: No. We don t have any relations to that facility. And we don t even really feel that that facility is really a competitor as more of we re looking at it as a situation where we can actually work together because the level of care that we re giving is going to be different than what they can do. And they tend to overruns, we can help them. But when our residents get to the point to where they need full-time medical we can refer them up, you know, to Brookdale is I think the facility that you re referring to. And so we don t see it being a conflict, you know, being able to exist in the same block there. COMMISSIONER J. SMITH: Thank you. CHAIRMAN BUSBY: Commissioner Montgomery. COMMISSIONER MONTGOMERY: Yeah. Just to follow-up on the -- I have not read the statute, so I could use a little more clarification as to what jurisdiction the City does have on this. It s a site plan, so we re approving that. The construction materials or anything like, do we have jurisdiction on that or not? MR. ZIELSDORF: The state statutes basically state that these have to be allowed in any location in the single-family residential structure is located. In fact, they pretty much consider these a single-family home. So, as far as building codes, those kind of things, those obviously apply as they would with any single-family residential structure. These go before the state fire marshal for review as well as our own city fire marshal for review. And it also goes before a review board with the state. They bring in an expert that goes over the architecture and the site layout and the facilities to make sure that they providing what is required to be provided as part of their application process. These are regulated by the Kansas Department of Aging and Disability Services through the state. So, they have a whole application and review process. So, you

11 Page 11 of 55 Agenda Item #C.1. Page 9 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 know, not only does he have to build in accordance with our local building codes, they have to go through all their regulations as well. COMMISSIONER MONTGOMERY: So, it s before the Planning Commission mainly because it s a site plan as a matter of procedure needs our approval. MR. ZIELSDORF: It s a new facility and we wanted to make you guys aware of it. And, you know, it allows the applicant to work with the City, the staff, to make sure it s a good facility and fits in with the neighborhood. One of the things we wanted to look at was the architecture to make sure that it did have some residential appeal to it and it didn t look like, you know, an institutional facility. So, that s kind of the main thing. COMMISSIONER MONTGOMERY: Staff s conclusion was that did. MR. ZIELSDORF: That it is residential nature. COMMISSIONER MONTGOMERY: Thank you. CHAIRMAN BUSBY: I have a couple questions for staff. That is, is there -- in this type of facility do there need to be fire sprinklers or a storm or tornado shelter? MR. ZIELSDORF: I believe the fire marshal was going to -- they will require it to be sprinkled. CHAIRMAN BUSBY: Okay. A tornado shelter or something like that with the amount of residents we have? MR. ZIELSDORF: Tornado shelters would not be a requirement because it s not considered multi-family. CHAIRMAN BUSBY: Okay. MR. ZIELSDORF: So, our code, you know, our policy is that a multi-family project provides a storm shelter. Since this is considered a single-family residence, essentially that will not be a requirement. CHAIRMAN BUSBY: And one more question for staff. In respect to the restrictive covenant, I m more familiar -- my little familiarity with common law, which is damn near nil, says that it would be a neighborhood as a homeowner s association. So, if there s a restrictive covenant who would be the one that could challenge that, the City, the state, the neighborhood? MR. ZIELSDORF: Well, we ll work with the applicant to create a private property covenant that he will record on the property itself that will restrict the property to either

12 Page 12 of 55 Agenda Item #C.1. Page 10 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 be a single-family residence or a home care plus only facility. Now, you can restrictive covenants on an individual piece of property. You don t have to have -- be a homeowner s association as a whole group effort. CHAIRMAN BUSBY: So, if there was an issue, and not necessarily with Mr. Kelly, but in five years if he sells it, then it would basically -- the covenant would make it remain this type of facility. MR. ZIELSDORF: A single-family or home care plus. CHAIRMAN BUSBY: So, it couldn t be changed over to something else? MR. ZIELSDORF: To like a multi-family apartment or some other type of use that s correct. CHAIRMAN BUSBY: Very good. Thank you, Mark. Anyone else have any questions for Mr. Kelly or staff? If not, then thank you, Mr. Kelly, and welcome. MR. KELLY: Thank you. CHAIRMAN BUSBY: I hope this works well for you. I m excited to have this come into the community, sir. And thank you. I think you can get probably some extra credit for helping educate us on this. And I really appreciate you taking the time to help us understand this. MR. KELLY: It s my pleasure. CHAIRMAN BUSBY: Thank you, sir. If not, then we would be in Commission discussion. Commissioner John Smith. COMMISSIONER J. SMITH: As I understand it we re approving the site approval here. So, if you re prepared for a motion, I m -- CHAIRMAN BUSBY: I believe we are, John, please. COMMISSIONER J. SMITH: Well, I d move that we approve SP ; site plan approval for the construction of a residential home care plus group home, located at 5745 Rosehill Road. The application is filed by Donald Kelly, developer. CHAIRMAN BUSBY: Thank you. Is there a second to the motion? COMMISSIONER L. SMITH: Second.

13 Page 13 of 55 Agenda Item #C.1. Page 11 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 CHAIRMAN BUSBY: Commissioner Les Smith, thank you for the second. There s a motion and second to approve SP ; site plan for the construction of a residential home care plus group home, located at 5745 Rosehill Road. All in favor say aye. COMMISSIONERS: Aye. CHAIRMAN BUSBY: Opposed nay. Motion carried. Thank you. [Therefore, the motion was made by Commissioner J. Smith and seconded by Commissioner L. Smith to approve SP ; site plan for the construction of a residential home care plus group home located at 5745 Rosehill Road. The motion carried 9-0.] D. NEW BUSINESS 1. SUP & SP ; SPECIAL USE PERMIT APPROVAL TO OPERATE A DRIVE-THRU SERVICE IN THE CN (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT. THE APPLICANT ALSO REQUESTS SITE PLAN APPROVAL FOR CONSTRUCTION OF A 466 SQUARE FOOT BUILDING FOR SCOOTER S, A COFFEE SHOP TO BE LOCATED AT W. 75TH STREET. THE APPLICATION IS FILED BY PHELPS ENGINEERING FOR FALCO LLC, DEVELOPER. CHAIRMAN BUSBY: Moving on. Then we move to New Business. Doug. What do we got tonight, Doug? MR. ALLMON: Well, one thing we have is a cold, so bear with me. CHAIRMAN BUSBY: Ah. MR. ALLMON: I ll be fairly brief. MR. ZIELSDORF: Chairman Busby, would you like to announce the item that we re getting ready to hear? CHAIRMAN BUSBY: I m sorry? MR. ZIELSDORF: I don t see -- you didn t read the item that we re getting ready to hear. CHAIRMAN BUSBY: Oh, no. I d be glad to. Thank you, Mark. I ll be glad to. SUP and SP ; special use permit approval to operate a drive-thru service in the CN (Commercial Neighborhood) zoning district. The applicant also requests site plan approval for construction of a 466 square foot building for Scooter s, a coffee shop

14 Page 14 of 55 Agenda Item #C.1. Page 12 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 to be located at W. 75 th Street. The application is filed by Phelps Engineering for Falco LLC, developer. Doug. MR. ALLMON: Thank you, Chairman Busby. SPECIAL USE PERMIT REVIEW 1. The applicant requests special use permit approval to operate a drive-thru service in conjunction with a coffee shop proposed at W. 75 th Street. 2. The subject property is a 0.54 acre tract that is found within the Tomahawk Hills Shopping Center. The shopping center and subject property are zoned CN (Commercial Neighborhood). Coffee shops are a permitted use in the CN zoning district, and drive-thru services require approval of a special use permit. The Walmart neighborhood grocery and other retail spaces in the Tomahawk Hills Shopping Center are located to the north. A Waffle House restaurant is located directly to the east, while the former VIP carwash is located to the west. Right-ofway for 75 th Street is located directly south of the site. A McDonald s restaurant is located across 75 th Street to the south on CN zoned property. 3. The restaurant is oriented on the site so that the drive-thru window will be constructed on the east side of the building, away from 75th Street. Site circulation, access and auto stacking are adequate for the proposed use, and will not have an impact on the adjacent public street system. 4. The Land Use Guide of the Comprehensive Plan indicates commercial uses as appropriate for the site, thus, the request is in compliance with the Plan. 5. Access to the site is provided from a private driveway that connects to 75 th Street. Access to the site is adequate for public safety purposes. 6. The character of the area will not change significantly by this request. This site is adjacent to another drive-thru restaurant located to the south and a former car wash to the west. The surrounding zoning has allowed the adjacent area to be developed with commercial uses of various types. 7. Approval of the special use permit should have little, if any, detrimental effect upon surrounding properties. The restaurant is proposed at the south end of the commercial development adjacent to 75 th Street. The closest residential property (the Fox Run apartment complex) is approximately 400 feet away and is buffered by a four-lane arterial street. 8. Denial of the special use permit as presented would not appear to benefit the community as a whole. A previous special use permit was approved for the site

15 Page 15 of 55 Agenda Item #C.1. Page 13 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 for a Burger King restaurant that was never constructed. This project provides in-fill development on a small parcel that is encumbered by many easements. SITE PLAN REVIEW The applicant requests site plan approval for construction of a 466 square foot drive-thru coffee shop within the Tomahawk Hills Shopping Center. The project will be located on a portion of Lot 2, Tomahawk Hills 3 rd Plat. The building will not have seating for patrons and will operate as a drive-thru only facility. All bulk requirements have been met. The building maintains a setback of more than 40 feet from the right-of-way line for 75 th Street, and more than 10 foot setbacks from all other property lines. A portion of the drive-thru lane and parking lot utilized by the former First National Bank temporary building are located at the north end of the site. These existing improvements will be removed in conjunction with this project. Because no interior seating area is provided, four (4) parking stalls, including one handicap accessible space, have been provided north of the building for employees. This parking is adequate to serve the maximum employee shift. The building will be constructed primarily of cement stucco and brick. All walls will be colored light beige to match the Walmart grocery and shopping center structures. All brick will be dark gray. Submitted elevations indicate signage on the south, west and north building walls. Signage is allowed on these elevations as they either face street frontage, or a drive aisle and/or parking 40 feet or greater in width. Frontage and open space trees reflected on the landscape plan satisfy minimum requirements of the landscape ordinance. In total, 10 trees and 48 shrubs will be added to the site. A trash enclosure is shown at the extreme northeast corner of the site. The enclosure is shown to face northeast, away from adjacent streets. The enclosure will be constructed of integrally tinted rough-hewn block. The applicant has submitted preliminary storm drainage study showing a conceptual grading plan, a drainage system, a drainage area map, and a drainage table summarizing the hydrologic and hydraulic analysis for the site. The study is substantially complete and adequate for the purposes of reviewing the site plan.

16 Page 16 of 55 Agenda Item #C.1. Page 14 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 RECOMMENDATION In terms of a recommendation, staff recommends approval of SUP , special use permit for the Scooter s drive-thru service, subject to Condition Number 1 listed in the staff report. Staff also recommends approval of SP , site plan for a 466 square foot coffee shop, located at W. 75 th Street, subject to Conditions 2 through 22 listed in the staff report: And since this is a special use permit, I will go ahead and put these in the record. 1. Review of the special use permit in one (1) year; 2. The building shall be constructed as depicted on the submitted site plan and building elevations. All mandoors, downspouts and utility meters shall be colored to match the adjacent wall as labeled on the plans. No permanent exterior ladder is allowed (or proposed); 3. Any work within the right-of-way associated site utility extension shall be constructed in conformance with the Shawnee Design and Construction Manual; 4. Parking lot lighting shall be 22 feet in height, including the base. The fixture shall have a flat lens so that the bulb does not extend below the shoebox fixture and shall be mounted at a 90-degree angle with the pole; 5. The storm drainage improvements required for this development shall be designed in accordance with Shawnee Design and Construction Manual, Division 2300 Storm Drainage as detailed in the staff report; 6. Rooftop mounted mechanical equipment shall be screened from view by the parapet wall; 7. This development is subject to the provisions of Shawnee Municipal Code (SMC) Chapter 12.24, which pertains to the construction and maintenance of on-site stormwater detention facilities. The applicant will pay a detention fee of $7,000 per impervious acre created instead of constructing an on-site facility; 8. The City s floodplain development requirements do not apply to this project; 9. Open space fees in the amount of $ are required to be paid prior to issuance of a building permit; 10. All landscaping as depicted on the landscape plan shall be planted prior to issuance of an occupancy permit, and all disturbed areas shall be planted with sod as shown on the landscape plan;

17 Page 17 of 55 Agenda Item #C.1. Page 15 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, The trash enclosure shall be constructed of integrally tinted rough-hewn masonry colored beige to match the building; 12. The parking lot shall be constructed and striped prior to issuance of an occupancy certificate; 13. All signage shall meet the requirements of the Shawnee Municipal Code 5.64, and permits shall be obtained prior to installation; 14. This development is subject to the provisions of SMC, Chapter Land Disturbance Activity, which pertains to site grading and erosion control measures. The applicant (landowner) is responsible for obtaining a Land Disturbance Permit as required by the City prior to undertaking any land disturbance or construction activities on the development site; 15. This development is not subject to the provisions of SMC, Chapter Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities (STF); 16. The City s stream corridor requirements do not apply to this project; 17. This development is subject to the provisions of SMC, Chapter 11.08, which pertains to the City s Stormwater Utility regulations. The applicant is responsible for submitting an impervious area plan for this non-residential development prior to the issuance of any Certificate of Occupancy; 18. All private and public improvements for this development shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. A public improvement permit will be required for all public street, storm, and streetlight improvements; 19. The applicant is responsible for scheduling a pre-design meeting with the Development Engineer prior to preparing the site civil plans, which must show all proposed site improvements. The final site civil plans for this development must be submitted for review and acceptance by the City prior to issuance a public improvement permit or building permit; 20. The final plat for the property shall be recorded prior to issuance of a building permit; 21. All utilities shall be placed underground; and 22. All fire hydrants with compliant fire-flows, and fire lanes as required by the Fire Department, shall be installed and approved prior to issuance of a building

18 Page 18 of 55 Agenda Item #C.1. Page 16 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 permit. Minimum fire-flow and flow duration shall be as specified in Table B105.1 of the International Fire Code. That completes our report. CHAIRMAN BUSBY: Thank you, Doug. Is the applicant present? If you d come forward and state your name and address, please. MS. WARMAN: Good evening. My name is Kathleen Warman. I m with Warman Architects, 1828 Swift Avenue, North Kansas City, Missouri Also here with me this evening is Judd Claussen with Phelps Engineering. He is the civil engineer for the project. And representing Freedom Enterprises is Tracy Bouwens who is the Scooter s franchisee. Thank you very much for allowing us to -- CHAIRMAN BUSBY: Thank you. Are you in agreement with staff recommendations? MS. WARMAN: I was just getting ready to say that. CHAIRMAN BUSBY: Very good. MS. WARMAN: That s what I was going to say. Thank you for letting us be here tonight and we are in complete agreement with staff recommendations. If you have any questions, we re here. CHAIRMAN BUSBY: Thank you. Does the Commission have any questions for the applicant? Commissioner Wise. COMMISSIONER WISE: Question probably for staff. So, there is not any proposed site monument signs in this area? MR. ALLMON: There is no proposed monument sign. I think there s an existing sign for the shopping center on that property. It s going to remain as it is -- COMMISSIONER WISE: Okay. MR. ALLMON: -- and there will not be another monument sign. COMMISSIONER WISE: Not be a monument. So, the only signage is what s on the building -- MR. ALLMON: Correct. COMMISSIONER WISE: -- and that does comply.

19 Page 19 of 55 Agenda Item #C.1. Page 17 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 MR. ALLMON: That is correct. COMMISSIONER WISE: Okay. Thank you. CHAIRMAN BUSBY: Commissioned Bienhoff. COMMISSIONER BIENHOFF: Yes. The staff report mentioned that the property has many easements around it. I was curious if there were any challenges getting the facility situated within the location. MR. ALLMON: Doug Allmon, Planning staff. The answer to that question would be yes. The previous Burger King that was approved on site was significantly larger and it was literally wedged in there with inches between the easements. This gave us more flexibility because the building footprint is smaller. And it actually gets us more stacking than was with the previous plan. All of the site stacking is contained on this site. It doesn t spill out into the private drive, which with a coffee shop is obviously beneficial. So, in terms of layout this actually fits a little better. COMMISSIONER BIENHOFF: Thank you. CHAIRMAN BUSBY: Any other questions for applicant or staff? If not, do we need -- I m sorry? We re getting to that right now. That s fine. We all learn as we go up here, I can assure you. Thank you. In this case we will be under -- because it s a special use permit, we ll have a public hearing on the item under the special use permit. Thank you very much. If you d like to come forward and state your name and address. Public Comment MR. RUDKIN: My name is Steve Rudkin, 7340 Goddard Drive, Shawnee. I m the fifth house from Nieman on the map. It says you won t be adding any traffic on the back side of the property. MR. ALLMON: That s correct. If I can answer your question. I know we re in a public hearing, but the original map that went out with our notification mailing had a general address for the entire shopping center. And it showed an arrow adjacent to the loop street, which is 74 th Street which is on the back side which kind of made it look like that this was going back in the back part of this facility. This is going to be directly on 75 th Street directly west of the Waffle House. Traffic circulation to this site will be in from 75 th through the site and back out to 75 th. MR. RUDKIN: So, it will be on 75 th. MR. ALLMON: Right.

20 Page 20 of 55 Agenda Item #C.1. Page 18 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 MR. RUDKIN: It won t be between Ryan s and -- MR. ALLMON: Correct. That s correct. MR. RUDKIN: Okay. CHAIRMAN BUSBY: That answers your question. MR. RUDKIN: Yes. CHAIRMAN BUSBY: Thank you very much, Steve. MR. RUDKIN: There s an awful lot of traffic on that street now. CHAIRMAN BUSBY: Right. And I know -- and I think we ve caught that that was on that map was wrong. So, it sits right on 75 th Street, so it shouldn t be an issue back where you live. MR. RUDKIN: Can I ask another question -- CHAIRMAN BUSBY: Please. MR. RUDKIN: -- that s not related? CHAIRMAN BUSBY: Please. MR. RUDKIN: How would I go about getting a stop sign on that? CHAIRMAN BUSBY: Well, that s -- MR. ALLMON: If you want to give us your information, we ll present that to the Traffic Manager. MR. RUDKIN: Okay. MR. ALLMON: The City s Traffic Transportation Manager. If we can get your information, we ll make that happen. Or not make that sign happen, but we ll get it to the appropriate person. I want to be clear, we ll get it to the appropriate person. MR. RUDKIN: Thank you. CHAIRMAN BUSBY: Does anyone else from the audience care to speak on this matter? If not, then the public hearing will have ended and we re in Commission discussion. Commissioner Peterson.

21 Page 21 of 55 Agenda Item #C.1. Page 19 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 COMMISSIONER PETERSON: I know that in here we did address signage [inaudible] did that. That appears to be bigger than seven percent, or am I, I mean I just don t want it to be an issue or is -- does it on this fit? MR. ALLMON: The permit will be issued based on the actual square footage. That s really for reference only. That s why we conditioned the approval to the compliance to It may not even say those words or be the same letters, but it will be seven percent or less than the façade. She will check those numbers and calculations with the issuance of the permit. COMMISSIONER PETERSON: Because I just know that it s a small building and seven percent of that is not going to be a lot of visibility without a monument sign. I m just curious. CHAIRMAN BUSBY: And interestingly enough this is an odd piece of property and that they re allowed actually three signs. But all three signs together cannot be more than seven percent of the square footage. COMMISSIONER PETERSON: Right. UNIDENTIFIED SPEAKER: No, no. You can have one wall. MR. ALLMON: It s actually seven percent of each wall. CHAIRMAN BUSBY: Each wall. Okay. I m sorry. My apologies. Thank you for the correction. So, we re still in Commission discussion. Any other discussion? If not, I ll entertain motions. Commissioner Wise. COMMISSIONER WISE: I ll make a motion to approve SUP ; special use permit for a drive-thru coffee shop, and SP ; site plan for Scooter s coffee located at W. 75 th Street per staff s recommendations. CHAIRMAN BUSBY: Thank you. Is there a second? Commissioner Roth. COMMISSIONER ROTH: Second. CHAIRMAN BUSBY: There s a motion and a second to approve both SUP and SP ; special use permit to operate a drive-thru service in the CN (Commercial Neighborhood) zoning district; and site plan approval for construction of a 466 square foot building for Scooter s, a coffee shop to be located at W. 75 th Street. All in favor say aye.

22 Page 22 of 55 Agenda Item #C.1. Page 20 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 COMMISSIONERS: Aye. CHAIRMAN BUSBY: Oppose nay. Motion carried. Thank you. [Therefore, the motion was made by Commissioner Wise and seconded by Commissioner Roth to approve SUP and SP ; special use permit to operate a drive-thru service in the CN (Commercial Neighborhood) zoning district; and site plan approval for construction of a 466 square foot building for Scooter's, a coffee shop to be located at W. 75th Street. The motion carried 9-0.] 2. SUP ; SPECIAL USE PERMIT APPROVAL AT 7023 MARTINDALE ROAD FOR AN AUTO DEALER S LICENSE IN THE PI (PLANNED INDUSTRIAL) ZONING DISTRICT. THE APPLICATION IS FILED BY JAMES SWAIT OF SWAIT ENTERPRISES, LLC. CHAIRMAN BUSBY: Next on our agenda is SUP ; special use permit approval at 7023 Martindale Road for an auto dealer s license in the PI (Planned Industrial) zoning district. The application is filed by James Swait of Swait Enterprises, LLC. Doug. MR. ALLMON: Good evening. Doug Allmon, Planning staff again. This site probably looks familiar to you. SPECIAL USE PERMIT REVIEW John Mullen of Mullen Coach received Special use permit approval in September of 2017 for an auto dealer s license at the same facility. Mr. Swait has shared office space with Mullen Coach since That facility has now been sold and Mr. Swait is now seeking approval of a special use permit to continue sharing space with Mr. Mullen at the new Mullen Coach location. The tenant space of the request is located at the far eastern end of the building. Swait Enterprises operates as a zero-inventory dealer and merely ships vehicles through internet transactions. Because of the nature of the business, the dealership does not operate like a typical automobile sales lot. No trucks or cars are stored at the site. This will keep the business from having a negative impact on adjacent tenants who share the parking lot for the multi-tenant building. Approval of the special use permit should have little, if any, detrimental effect upon the surrounding properties. The distributorship will be conducted entirely within an existing building and the site will not be used as a vehicle sales lot. RECOMMENDATION

23 Page 23 of 55 Agenda Item #C.1. Page 21 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 In terms of a recommendation, staff recommends approval of SUP , request for an auto broker s license for Swait Enterprises located at 7023 Martindale, subject to the following conditions: 1. The parking areas located around the building shall not be used as a car lot. The business shall operate as a zero-inventory dealership; 2. The owner shall maintain a current business license with the City Clerk as long as the business is open; and 3. Review of the Special Use Permit in one year. That completes our short report. CHAIRMAN BUSBY: Thank you, Doug. Is the applicant present? If you d come forward and state your name and address, please. MR. SWAIT: My name is James Swait. My address is Oak Valley Drive, Gardner, Kansas CHAIRMAN BUSBY: Thank you. Are you in agreement with staff recommendations, Mr. Swait? MR. SWAIT: Yes, I am. CHAIRMAN BUSBY: Thank you. Does the Commission have any questions for the applicant or staff? Commissioner Bienhoff. COMMISSIONER BIENHOFF: I had a question for staff. If you could help me understand I guess the reasoning that -- because the property was sold that Mr. Swait needs to come in for approval, yet Mr. Mullen does not, or later? MR. ALLMON: Well, to clarify. Mr. Mullen did come in and has a special use permit for his auto dealership license as well. Basically in the PI district it s a special use permit. That way we re able to put conditions of approval on it to make sure that cars aren t stacked around the site. If you recall from Mr. Mullen s operation, he had a business that maybe services one or two cars that will be inside the building. This gentleman actually operates a zero inventory operation. And I would classify it as a title trading type of operation. You ship -- MR. SWAIT: Wholesale. MR. ALLMON: Wholesale around the country. So, he won t actually have any inventory on site. To get their sign-off, to get their state license to deal in automobiles,

24 Page 24 of 55 Agenda Item #C.1. Page 22 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 they have to get a zoning certificate from the City. And we can t sign that unless they comply with our zoning, which includes approval of the special use permit. But in this case it s really pretty benign in terms of impact on the surrounding neighborhood. He s simply going to office there with Mr. Mullen. They ll both have an SUP. They ll both come up for either annual or reviews on a four-year cycle. COMMISSIONER BIENHOFF: Thank you. I guess since we didn t have this discussion before Mr. Mullen came in initially, I guess probably you knew of the location or you were sharing it before and the sale triggered it. MR. ALLMON: I can clarify. They were sharing office space I think in Kansas City, Kansas. COMMISSIONER BIENHOFF: Okay. MR. ALLMON: That building was sold so Mr. Mullen found this location off of Martindale. You might have been caught off guard that this was required. MR. SWAIT: Yes. Yes. MR. ALLMON: But once he found out to do business within the City of Shawnee in partnership with Mr. Mullen, he would have to go through the same process that Mr. Mullen did. COMMISSIONER BIENHOFF: Okay. MR. ALLMON: And they ll simply now share office space in Shawnee rather in Kansas City, Kansas. COMMISSIONER BIENHOFF: I appreciate the clarification. We don t see these types of -- MR. ALLMON: Yes. COMMISSIONER BIENHOFF: -- items very often, so it s very helpful. And we appreciate having you in the City doing business. MR. SWAIT: Thank you. CHAIRMAN BUSBY: Any other questions for applicant or staff? If not, thank you, Mr. Swait. As this is a special use permit we have a public hearing on the item. If everyone that wants to speak will line up next to the wall over here. Thank you, Dave. And is there nobody that wishes to speak on the item, then we would be in Commission discussion. Thank you, Mr. Swait.

25 Page 25 of 55 Agenda Item #C.1. Page 23 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 MR. SWAIT: Thank you. CHAIRMAN BUSBY: Commissioner Peterson. COMMISSIONER PETERSON: Same question as Mr. Bienhoff, but basically we have two special use permits for one location because they operate different businesses and we re just checking boxes. We know it s zero impact, they re just going to have different review dates even though they re both annual, right? CHAIRMAN BUSBY: Two separate business licenses. COMMISSIONER PETERSON: Yes. Good for Shawnee. CHAIRMAN BUSBY: If there s no further Commission discussion, I ll accept a motion. Commissioner Peterson. COMMISSIONER PETERSON: Oh, now he sees me. I move to approve SUP ; special use permit for auto dealer s license for Swait Enterprises, LLC at the Martindale Road location per staff recommendations. CHAIRMAN BUSBY: Thank you. Is there a second on the motion? Commissioner Bienhoff. COMMISSIONER BIENHOFF: Second. CHAIRMAN BUSBY: A motion and a second to approve SUP ; special use permit approval at 7023 Martindale Road for an auto dealer s license in the Planned Industrial Zoning District. The application is filed by James Swait of Swait Enterprises. All in favor say aye. COMMISSIONERS: Aye. CHAIRMAN BUSBY: Opposed nay. Motion carried. Thank you. [Therefore, the motion was made by Commissioner Peterson and seconded by Commissioner Bienhoff to approve SUP ; special use permit approval at 7023 Martindale Road for an auto dealer's license in the Planned Industrial Zoning District for James Swait of Swait Enterprises. The motion carried 9-0.] E. OTHER BUSINESS CHAIRMAN BUSBY: That puts us into Other Business. Does the staff have anything for the Commissioners?

26 Page 26 of 55 Agenda Item #C.1. Page 24 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 MR. CHAFFEE: Paul Chaffee, Planning Director. Just a reminder that January is a five Monday month. So, our next meeting will be in three weeks and this one will be on a Monday night for the first time this year. CHAIRMAN BUSBY: Thank you. Commissioner John Smith. COMMISSIONER J. SMITH: I had a question for Paul. Paul, I appreciate you providing us copies of the planning magazine of your professional group. And to prove to you that I look at it, I notice that your membership is up about four percent, which is good. And the number of certified planners is over 16,000. Are our planners, are they certified by this organization? MR. CHAFFEE: Yeah. There s actually two levels of membership. One is just a member of the APA and then a second level is the AICP, which is the American Institute of Certified Planners. And to get that designation you have to have so many years in the profession. You have to pass an exam similar to like, I don t think like -- an accountant has to pass like seven of them, but we just have to pass one. And then we have to do recertification. So, myself and Doug and Lauren are members of -- have passed the exam and are certified planners. Mark, we keep pushing him to try and take the test. It s a hard test. Less than 50 percent pass the test each time. And I have several colleagues who have taken it five or six times and didn t pass it. And so they ve just kind of stopped taking it at this point in time. So, it s a pretty rigorous exam especially for folks or who maybe didn t go through the planning curriculum. Mark went to the landscape architecture program, which is related to the planning department and many classes are there. But when you haven t been through the program, it s just more difficult to get it all down and study. They ll pull up obscure court cases on end and things like that, so yeah. Three of the four of us have our certifications. COMMISSIONER J. SMITH: I think you could be commended for taking the test and being certified. I know in my earlier career I served on a national certification committee and I know what, whether they re comparable I don t know, but I appreciate that our City staff does stand for those tests. Does staff attend the annual meeting, or does our budget permit that or not? MR. CHAFFEE: Yeah. Two members of the staff go to the national convention. COMMISSIONER J. SMITH: Okay. Thank you. Thank you, Mr. Chairman. CHAIRMAN BUSBY: I have a question for staff as a resident had asked me about Waste Management and the disposal site out there that wondered if that elevation had got higher than we had allowed in -- or issues with them. Meaning that they thought it was higher than a fence out there that they thought was atop of their elevation.

27 Page 27 of 55 Agenda Item #C.1. Page 25 DRAFT PLANNING COMMISSION MEETING MINUTES January 17, 2018 MR. CHAFFEE: No. The fence is never the top of an elevation. It s a measurement above sea level that the site has. CHAIRMAN BUSBY: Right. MR. CHAFFEE: So, what we do annually when AIMS updates their information, the topographies are also updated, so we can go in and see and make sure that the highest elevation is where it s supposed to be. Oftentimes, while new cells are created they may pile some of the debris, you know, that s higher. And so the elevation that is called in the special use permit is the final elevation of the cells when they re capped. And as our last review the ones that were finished were -- met those elevations. CHAIRMAN BUSBY: They re in compliance then. MR. CHAFFEE: In compliance. CHAIRMAN BUSBY: Good. Glad to hear. Thank you for answering that question. Anybody else have anything for staff? F. ADJOURNMENT CHAIRMAN BUSBY: Would someone like to make a motion for adjournment? You guys like to see me suffer on this issue. I know. It s so much fun. Commissioner Montgomery. COMMISSIONER MONTGOMERY: I would make a motion for adjournment. CHAIRMAN BUSBY: Thank you, Commissioner Montgomery. Is there a second? Commissioner John Smith. COMMISSIONER J. SMITH: I ll second the motion to adjourn. CHAIRMAN BUSBY: A motion and a second to adjourn. All in favor say aye. COMMISSIONERS: Aye. CHAIRMAN BUSBY: Opposed nay. Motion carried. We re done. Thank you. [Therefore, the motion was made by Commissioner Montgomery and seconded by Commissioner J. Smith to adjourn. The motion carried 9-0.] (Shawnee Planning Commission adjourned 8:22 p.m.)

28 RENNER RD MAURER RD Page 28 of 55 Agenda Item #C.2. W 62ND ST Location AG W 63RD ST PUDMR PO! W 65TH CT CH W 65TH ST SHAWNEE MISSION PKWY SHAWNEE MISSION PKWY W 66TH TER W 67TH ST DU RS BELL RD RE W 67TH ST SP Lowe's Home Improvement W. 65th St. Lowe's Home Improvement µ Feet

29 Page 29 of 55 Agenda Item #C.2. City of Shawnee TO: PLANNING COMMISSION DATE: FEBRUARY 5, 2018 FROM: SUBJECT: PLANNING STAFF SP ; SITE PLAN OUTDOOR SEASONAL DISPLAY WEST 65 TH STREET LOWE S HOME CENTER This is a consent item. The applicant requests site plan approval for the construction of an outdoor seasonal display in the form of a garden center at the Lowe s Home Center, located at West 65 th Street. The application is filed by Eric Newell, Store Manager for Lowe s Home Center, owner. SITE PLAN REVIEW 1. The applicant requests site plan approval for an outdoor seasonal display area in the parking lot of the Lowe s Home Center, located at West 65 th Street. 2. The outdoor display area will consist of an open-air display in the parking area located on the east side of the existing garden center. The display area will consist of approximately twenty four (24) contiguous parking stalls adjacent the east side of the building. The applicant has indicated that the display area will contain pallets of seasonal bagged goods, such as mulch, garden soils, and decorative rock. No part of the display area will be located within the drive aisle. The display area is behind the building setback line. The size and location of the display are in accordance with City requirements. 3. In accordance with the definition of outdoor seasonal displays, the merchandise allowed in the display area includes bedding plants, landscape plants, and bagged products such as potting soil, mulch, soil amendments and garden stone. The height of the display shall not exceed five (5) feet. 4. The outdoor seasonal display area, located within the parking lot on the east side of the building, shall be permitted between March 15, 2018 and August 1, In accordance with code requirements, the display area will remain clean, and broken bags will promptly be removed from the display area. 6. A special event permit shall be obtained prior to construction of the outdoor seasonal display area in the parking lot.

30 Page 30 of 55 Agenda Item #C.2. PLANNING COMMISSION RE: SP ; SITE PLAN; OUTDOOR SEASONAL DISPLAY; LOWE S, WEST 65th STREET FEBRUARY 5, 2018 PAGE 2 7. The applicant has maintained a similar display, as approved by the Planning Commission, for the last several years. The displays have been constructed in compliance with City Codes and the area has been kept clean and in order. No complaints were received regarding the outdoor seasonal display area this past year. 8. Violations of the outdoor seasonal display ordinance will result in notification to the Planning Commission to determine if the outdoor seasonal display permit shall be revoked, and issuance of a site plan violation. 9. The store will also have an outdoor seasonal display on the sidewalk area in front of the building as permitted by City Code. This display area shall be constructed to allow pedestrian traffic on the sidewalk and not block the area for public use. In no event shall less than four (4) feet of unobstructed area from the outside edge of the sidewalk toward the building be provided. No display may be undertaken in the landscape islands adjacent to the parking areas or within the fire lanes or loading zones in front of the store. The outdoor seasonal display areas on the sidewalk adjacent the front (south side) of the building is permitted from March 15, 2018 through October 31, RECOMMENDATION Staff recommends approval of SP , a site plan for an outdoor seasonal display area at Lowe s Home Center, located at West 65 th Street, subject to the following conditions: 1. The outdoor seasonal display area shall be constructed as depicted on the site plan; 2. The pallets of garden materials shall not exceed five (5) feet in height; 3. Broken bags shall promptly be removed from the site and the area shall be kept clean; 4. The applicant shall obtain a special event permit prior to construction of the outdoor seasonal display area; 5. The applicant shall only display items allowed by City code; 6. No display may be undertaken in the landscape islands adjacent to the parking areas or within the fire lanes and or drive lanes; 7. The display area in the parking lot shall be permitted between March 15, 2018 and August 1, The display area on the sidewalk adjacent to the building shall be removed by October 31, 2018; and 8. Any violation of the outdoor seasonal display ordinance may result in notification to the Planning Commission to determine if the outdoor seasonal display permit shall be revoked, and issuance of a site plan violation.

31 Page 31 of 55 Agenda Item #C.2. D-IO /' / F, -.._._

32 Page 32 of 55 Agenda Item #D.1. City of Shawnee TO: PLANNING COMMISSION DATE: FEBRUARY 5, 2018 FROM: SUBJECT: PLANNING STAFF HY-VEE FAST AND FRESH Z ; REZONING FROM PUDMR TO CN SUP ; SPECIAL USE PERMIT SP ; SITE PLAN GAS AND CONVENIENCE STORE WITH DRIVE-THRU LANE 5500 BLOCK OF WOODSONIA DRIVE OLSSON ASSOCIATES FOR HY-VEE INC., DEVELOPER The applicant requests rezoning from PUDMR (Planned Unit Development Mixed Residential) to CN (Commercial Neighborhood) and special use permit approval for operation of fuel pumps and a drive-thru lane in the CN zoning district. The applicant also requests site plan approval for construction of a 10,578 square foot gas/convenience/coffee store in the 5500 Block of Woodsonia Drive. The application is filed by Olsson Associates for Hy-Vee Incorporated, developer. REZONING FACTORS 1. The subject property is a 3.58-acre tract that is currently unplatted. The applicant requests rezoning from PUDMR (Planned Unit Development Mixed Residential) to CN (Commercial Neighborhood) for construction of a convenience store with gas pumps, and a coffee shop with drive-thru service. The convenience store is proposed to operate 24 hours / 7 days a week on the site. The property was previously zoned PUDMR for the Woodsonia Townhomes development that was not constructed. 2. The proposed area of rezoning is located directly north of Johnson Drive, on the west side of Woodsonia Drive. The site is bordered on the west by property that is zoned CH (Commercial Highway) that contains a Walgreen s drug store and a multi-tenant retail building. Property to the north is also zoned PUDMR and is vacant. The City has initiated development of a new fire station further north of the subject property in the vicinity of W. 53 rd Street. Property to the east (across Woodsonia) is zoned R-1 (Single Family Residential) and contains homes in the Woodsonia subdivision. Property to the south (across Johnson Drive) is zoned CH and contains a CVS drug store. 3. Amendments to the Land Use Guide of the Comprehensive Plan in 2015 changed the designation on this property from medium density residential to office/service. Because the originally approved townhome development did not come to fruition, the Planning Commission identified this portion of the tract for office development with the intent that additional office space would increase daytime population in the area. This, in turn, could spur restaurant and other service oriented uses that are lacking in western Shawnee. At the

33 Page 33 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 2 same time, the office use on the site was envisioned to serve as a buffer between existing homes on the east side of Woodsonia Drive and more intense retail uses that have previously developed closer to K-7 Highway. Office uses typically operate when adjacent residents are away at work, and are closed in the evening when they return home. The retail uses proposed with this rezoning request are not in compliance with City s Comprehensive Plan. 4. The character of the area will change with the development of a convenience store, gas pumps and drive-thru coffee shop on the subject tract. Site traffic, lighting, and noise will all be increased by the proposal, and commercial traffic would be pushed onto a residential street. 5. The rezoning itself would likely have detrimental effects upon the surrounding properties, especially those residential properties located directly to the east. After evaluation of traffic impacts, proposed street access and intensity of the proposed use, City staff will not be able to recommend approval of the Commercial Neighborhood rezoning, Special Use Permit, preliminary plat or site plan requests. The property is shown on the Future Land Use Guide of the City's comprehensive plan as being appropriate for development of office/service uses. In staff's professional opinion, the intensity of the refueling center, drive-thru and retail sales would have a negative impact on surrounding single-family residential areas, and would not be consistent with the intent of the comprehensive plan. Also, City staff will not be recommending approval of the right-in / right-out access point onto Johnson Drive (see traffic comments in the site plan review). Without this access point, Woodsonia would be the sole traffic carrier for the project. This would significantly affect the quality of life for those residents who presently live on the east side of that street. Certainly, given the existing and anticipated residential uses in the surrounding area, the Professional Office zoning district is preferred. Unlike residential properties on the south side of Johnson Drive, which either have side or back yards facing Woodsonia Drive, the homes along this portion of Woodsonia Drive face the street and the vacant land to the west. 6. Approval of the request would not appear to benefit the health and welfare of the community. The City s Transportation Manager has indicated that creation of a right-in / right-out curb cut onto Johnson Drive will have long term impacts on the function of the roundabouts located on Johnson Drive. The request does not appear to satisfy the desired intent to increase the amount of office space and daytime population within the City of Shawnee. This proposal also leaves vacant ground between the City s Fire Station and this development site. When combined, all vacant ground could be used to provide for a more cohesive, well-planned development. SUP REVIEW 1. The applicant requests special use permit approval to operate a convenience store with gas pumps and a coffee shop and drive-thru lane in the 5500 Block of Woodsonia Drive. The subject property is zoned PUDMR (Planned Unit Development Mixed Residential) with a

34 Page 34 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 3 request to rezone to CN (Commercial Neighborhood). Because of the intensity of the use, convenience stores with fuel pumps and uses with drive-thru lanes require a special use permit in the CN zoning district. 2. The proposed area of rezoning is located directly north of Johnson Drive, on the west side of Woodsonia Drive. The site is bordered on the west by property that is zoned CH (Commercial Highway) that contains a Walgreen s drug store and a multi-tenant retail building. Property to the north is also zoned PUDMR and is vacant. The City has initiated development of a new fire station further north of the subject property in the vicinity of W. 53 rd Terrace. Property to the east (across Woodsonia) is zoned R-1 (Single Family Residential) and contains homes in the Woodsonia subdivision. Property to the south (across Johnson Drive) is zoned CH and contains a CVS drug store. 3. The Land Use Guide of the Comprehensive Plan indicates office/service uses for the site. Thus, the request is not in compliance with the Plan. 4. Access to the site is proposed from a two-way driveway approach that connects to Woodsonia Drive at an existing center median break, and a right-in / right out driveway that connects to Johnson Drive. City staff is recommending that access to Johnson Drive be prohibited because of the long-term impacts this curb cut will have on the function of the Johnson Drive roundabouts. The site also does not provide internal cross access to the Walgreen s and other retail uses located to the west. 5. The character of the area will change with the development of a 24-hour convenience store, gas pumps and drive-thru coffee shop on the subject tract. Site traffic, lighting, and noise will all be increased by the proposal. 6. Approval of the special use permit could have a detrimental effect upon surrounding properties, especially those residences found on the east side of Woodsonia Drive. Six homes in this area front on Woodsonia Drive, and face directly west toward the development site. Although the developer has oriented the gasoline canopy on the west side of the building, and has included decorative fencing and landscaping along Woodsonia, grading on the site will place the finish floor elevation of the store approximately ten feet above the residential lots to the west. The building and drive-thru lane on the east side of the building will visually impose on existing residences to the east. As a comparison, no homes in the adjacent Grey Oaks community directly front on Woodsonia Drive. Even so, the Murphy Oil convenience store is approximately 850 feet from the closest neighboring residence. Likewise, the Walmart provides a wide landscaped buffer adjacent to Woodsonia Drive that includes a tall grass berm with a solid 8-foot tall masonry wall on top. Buffering such as this in not possible on the proposed site. 7. Denial of the special use permit as presented would appear to benefit the community as a whole. Creation of a curb cut onto Johnson Drive to facilitate the proposed use will likely have long-term impacts on the function and use of Johnson Drive by area drivers. Also,

35 Page 35 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 4 there are existing gas and convenience uses, as well as areas presently zoned for the proposed use, in the general vicinity. Denial of the request will preserve office-designated ground intended to boost western Shawnee s daytime population, which is a stated goal of the Planning Commission and City Council. SITE PLAN REVIEW 1. The applicant requests site plan approval for construction of a 10,578 square foot Hy-Vee Fast and Fresh fuel/convenience store. The north end of the building would also contain a coffee shop outfitted with a drive-thru lane. The subject property is generally located in the 5500 Block of Woodsonia Drive. 2. The subject property is a 3.58 acre unplatted tract that is requested to be rezoned from PUDMR (Planned Unit Development Mixed Residential) to CN (Commercial Neighborhood). 3. The Land Use Guide of the Comprehensive Plan indicates office-services uses as appropriate for this site, thus the request is not in compliance with the Plan. 4. All bulk requirements have been met. Both the building and gas canopy are separated at least 40 feet from the required setback line along Johnson Drive and Woodsonia Drive. The building sits to the east of the fuel canopy and is located approximately 60 feet from the Johnson Drive right-of-way line, and approximately 70 feet from the Woodsonia Drive right-of-way line. Side setbacks of more than 10 feet have been provided on the west and north sides of the site for the building and gas canopy. The height of the canopy is 19 6 and the height of the building is 22 feet to the top of the parapet, which are both less than the 45-foot maximum allowed by the ordinance. 5. The transportation manager completed a review of the traffic impact study (TIS) for the proposed Hy-Vee Fast and Fresh on the northwest corner of Woodsonia Drive and Johnson Drive. Staff s main concern with this development is the proposed right-in/right-out access point on Johnson Drive and its proximity to the roundabout at Roberts Street and to Woodsonia Drive. The TIS shows this operating efficiently in the existing + development scenario. However, concerns exist about the operation of this access point as this area continues to develop in the future, especially development in the southeast quadrant on K- 7 and Johnson Drive. Future development will create additional northbound traffic at the roundabout at Roberts Street and Johnson Drive, which will contribute to additional queueing for westbound Johnson Drive and will likely negatively impact the proposed drive. With the three roundabouts in this area, drivers also have to make lane use decisions earlier to ensure they are in the correct lane as they approach K-7. Adding an additional access point between Roberts Street and Woodsonia Drive would unnecessarily complicate this decision making process. KDOT recognized this problem in a similar situation when they

36 Page 36 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 5 originally built the Johnson Drive roundabouts. On this project, a cul-de-sac was installed on Meadow View Drive just west of K-7, which used to connect directly to Johnson Drive. This road was spaced around 300' from the Hedge Lane Terrace roundabout, a similar distance from the proposed Hy-Vee access point to the Roberts Street roundabout. This residential street also would have generated lower traffic volumes onto Johnson Drive than the proposed Hy-Vee access point and direct access was still terminated as part of the project. For these reasons, the Public Works department does not recommend an access point be allowed for the Hy-Vee Fast and Fresh development between Roberts Street and Woodsonia Drive. 6. As stated above, staff does not support the proposed right-in/right-out driveway on Johnson Drive as part of this project. However, if the Planning Commission approves the project, staff recommends installing a westbound right turn lane on Johnson Drive and northbound left turn lane on Woodsonia Drive into the site. Both of these improvements, including a center median extension, are shown on the proposed site plan and would be constructed to city standards. All the street improvements required for this development shall be designed in accordance with the standards of the Shawnee Design and Construction Manual, Division 2200 Streets and all applicable Standard Details. a. The applicant is responsible for installing sidewalk along the west side of Woodsonia Drive for the entire length of the property. The applicant will also be required to replace any portion of the public sidewalk that is relocated along Johnson Drive due to the proposed construction of a right turn lane. b. The commercial driveway approaches for this development shall be designed in accordance with the Shawnee Design and Construction Manual. A 1:10 blow-up of the commercial driveway approach shall be included in the site civil plans that meets the requirements of the Standard Detail for a commercial drive approach on a non-curbed street. The blow-up shall include flow arrows indicating direction of flow, dimensions, elevations, and other pertinent information. c. The applicant is responsible for submitting street improvement plans to Development Services for review and acceptance prior to the plat being recorded. Any design issues discovered during the review of the street plans must be resolved prior to the issuance of a Public Improvement Permit. 7. Primary parking for the store is located on the west side of the building. A 30-foot drive aisle is shown between the refueling area and storefront parking spaces to allow adequate circulation between the store and gas pump islands. The fuel canopy provides cover for 14 gasoline pumps in 7 fueling islands. Fuel pumps are oriented to allow for an east/west traffic circulation pattern. The light fixtures for the

37 Page 37 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 6 canopy would be recessed in the canopy, and no part of the fixture may extend past the bottom of the canopy fascia. Evergreen trees are proposed adjacent to Woodsonia Drive to further shield any glare created by the gasoline canopy. The site plan also depicts the installation of underground fuel storage tanks to the west of the gas canopy. The location of filling ports for the fuel tanks will not compromise site circulation when being filled by a fuel tanker truck. As the site is adjacent to a residential zoning district, no trash pickup, street sweeping or deliveries shall be made to the site between the hours of 10:00 p.m. and 7:00 a.m. as regulated by City municipal code. A drive-thru lane and menu board is shown at the southeast corner of the building. The drive-thru lane wraps around the east wall of the building and terminates at a pick-up window found on the north wall of the building. Stacking is adequate for the proposed use. 8. Sixty-seven (67) parking stalls are shown on the site, including three spaces that have been marked as ADA accessible. At least thirteen (13) stacking/parking spaces have also been provided in the coffee drive-thru lane. Based on 1 parking space required for each 150 square feet of convenience store area, a total of 71 spaces are required. In combination, parking requirements are met by the proposal. 9. The building, which is 62 feet wide by 171 feet in length, is rectangular in shape. All four sides of the building are proposed to be constructed primarily of brown and gray brick ( 500 Mahogany and Manganese Ironspot by Endicott) for the lower 2/3 of all walls. Decorative, brown composite board cladding (Westech Trugrain C14 Siam ) is used above the brick in many areas to provide color and material contrast to the façade. Wall portions above the main building entrance and areas that form the backdrop for wall signage are shown as light gray Nichiha cement wall panels (Sherwin Williams Conservative Gray ). The roof parapet is accented with a gray prefinished metal wall cap (Una-clad Charcoal Gray ). Much of the front (west) wall will be comprised of a glass storefront window system and glass entry doors. Windows will be clear glass with anodized aluminum frames. The rear (east) elevation of the building has rectangular, over-story window openings to break up the facade. To provide weather protection for patrons and further accent the building entrance, a metal canopy is located above the entry doors and glass portions of the building. This flat canopy is self-supporting and charcoal gray in color (Firestone or equivalent). Seven brown brick pillars are shown to support the gasoline canopy. The canopy face is composed of gray Nichiha cement fascia to match the building. Both the gasoline canopy and building will be constructed with a flat roof that is sloped slightly toward internal roof drains. All metal mandoors and utility meters shall be colored to match the adjacent wall. No exterior roof ladder is allowed (or proposed).

38 Page 38 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE All mechanical equipment is located on the roof and shall be screened by the surrounding parapet wall and louvered metal panels colored to match the building. Exterior propane and ice storage is proposed on the south side of the building. This area is screened by a solid row of upright juniper shrubs. 11. Landscaping shown on the plan meets requirements of the landscape code. Based on street frontages along Johnson Drive and Woodsonia Drive, a total of 14 street trees are required along Woodsonia and 7 street trees are required along Johnson Drive. The landscape plan shows a total of 7 deciduous trees along Johnson Drive, and a total of 14 street trees along Woodsonia. Tree varieties include Giant Elm along Johnson Drive, and American Linden and Norway Spruce along Woodsonia Drive. The plan provides site trees in excess of code requirements. Based on the amount of usable open space, 26 additional site trees are required. The applicant has provided 28 open space trees around the building and to screen the trash enclosure. The plan also shows a staggered, solid row of Norway Spruce along east property line in addition to required street trees. This is intended to buffer the rear of the building and adjacent drive-thru lane from residences located to the east. A decorative black metal fence (Montage by Ameristar) is also proposed to the east of the drive-thru lane to catch site debris that might blow east toward the adjacent residential areas. The plan also provides a single row of shrubs to accent the drive-thru lane. Additional shrubs are also provided to landscape parking islands (in addition to the required parking lot trees). In total, 76 deciduous, ornamental and evergreen trees, as wells as 135 flowering and evergreen shrubs will be added to the site. Shrub species include sea green and buffalo junipers, gro-low sumac, and lilacs. All plant sizes meet minimum ordinance requirements and all areas disturbed by construction are shown to be sodded in accordance with SMC Eight parking lot light poles are located around the perimeter of the site. The height of the poles is indicated to be 23 feet (including the base), which meets City standards. Light fixtures will be mounted at a 90-degree angle with the pole and include a flat lens for full glare cutoff (Philips Gardco LED). Wall pack lighting shown on the building also has a flat lens and will be mounted perpendicular to the building to direct light downward. As stated earlier, gas canopy lights would be recessed so they are not visible below the canopy fascia. 13. One wall sign is allowed on either the building or gasoline canopy facing a street frontage. No signage or logo buttons are proposed for the gas canopy. One wall sign is proposed for the front (west) and rear (east) facade of the building for both tenants. A single tenant sign is proposed for the north and south (side) facades of the building. Each sign location is allowed as they face either a public/private street or parking and drive aisles in excess of 40 feet. One monument fuel price sign is proposed at the southwest corner of the site as allowed. The wall signs shall not exceed 7 percent of the wall area of the individual tenant

39 Page 39 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 8 space. All signage must meet requirements of SMC 5.64 and permits for any signage must be obtained prior to installation. 14. The trash enclosure is shown on the west side of the site, to the northwest of the gas canopy. The enclosure is shown to be constructed of brown brick to match the brick color used on the building. 15. If the project is approved, the storm drainage improvements required for this development shall be designed in accordance with Shawnee Design and Construction Manual, Division 2300 Storm Drainage. a. The enclosed and open components of the commercial drainage system must be designed to convey the stormwater runoff from a 4 percent chance (25-year return period) storm. b. All overflow components must be designed to convey the runoff from a 1 percent annual chance (100-year return period) storm. c. The applicant has submitted a preliminary storm drainage study showing a conceptual grading plan, a drainage system, a drainage area map, and a drainage table summarizing the hydrologic and hydraulic analysis for the site. The study is substantially complete and adequate for the purposes of reviewing the site plan. The following design issues were noted: A complete hydrologic and hydraulic drainage table will need to be prepared according to the standards of the Shawnee Design and Construction Manual for the site civil plans. A plan and profile of the proposed public and private storm sewers must be included as part of the final storm drainage plans prepared for the site civil plans. d. The applicant is responsible for submitting storm drainage plans to Development Services for review and acceptance prior to preparing the signature copies of the final plat. Any design issues discovered during the review of the storm plans must be resolved prior to the issuance of a Public Improvement Permit. 16. Any development on this site is subject to the provisions of SMC, Chapter 11.08, Stormwater Management, which pertains to the City s stormwater utility regulations. a. The applicant is responsible for preparing an impervious area plan in accordance with Shawnee Design and Construction Manual, Division 2300, Storm Drainage, using coordinates based in the Kansas North State Plane Coordinate System of 1983, North Zone (NAD-83). The plan must accurately depict the limits of all parcels that comprise the development site and indicate the applicable Johnson County parcel identification numbers. Use crosshatching for existing impervious areas and halftone shading for proposed impervious areas. All existing and

40 Page 40 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 9 proposed impervious areas must be summarized in a table by parcel number including the proposed total impervious area per each parcel. b. The applicant is responsible for submitting the impervious area plan as an integral part of the site civil plans for review and acceptance by the Development Engineer. Once the plan is accepted, the applicant is responsible for submitting a separate printed copy and an electronic copy in AutoCAD format prior to the issuance of a building permit. 17. If approved, this project is subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities (STF) to preserve and enhance the quality of stormwater runoff. a. This project is required to meet a minimum Level of Service of 4 based on Shawnee Design and Construction Manual. The applicant is proposing the installation of a proprietary stormwater treatment unit to meet the required Level of Service. b. The proposed proprietary unit has been designed and sized to only treat the runoff from the proposed building and parking lot. If at a future date the green space to the north develops additional methods of stormwater treatment will be required at that time. c. The applicant is responsible for meeting with the Development Engineer to discuss any applicable issues prior to preparing a Final Stormwater Treatment Facility Report, which must be submitted for review and acceptance prior to the issuance of a public improvement permit or a building permit. d. All STFs required for this project shall be designed in accordance with the Shawnee Design and Construction Manual. The applicant s consulting engineer is responsible for certifying that both the design and construction of such facilities complies with all applicable regulations. Additionally, at the discretion of the City Engineer, a Third Party inspector might be required to inspect the construction of the STFs. The applicant would be responsible for the cost of any third party inspections that might be required. e. The applicant is required to execute and record with the Johnson County Register of Deeds the City s standard form entitled Declaration of Stormwater Treatment Facility Maintenance Restrictions and Covenants prior to the building permit and/or public improvement permit being issued. f. The applicant s consulting engineer is responsible for preparing an as-built certification of each STF, which requires City acceptance prior, to the City issuing any building permits for this development. 18. This development is subject to the provisions of SMC, Chapter 11.24, Stormwater Detention, which pertains to the construction and maintenance of on-site stormwater detention facilities. The applicant submitted a stormwater management study stating that there are no known downstream flooding concerns as defined by the Shawnee Design and Construction Manual. Since on-site detention is not required, the applicant is responsible

41 Page 41 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 10 for paying the stormwater detention fee. The fee is required to be paid to the City prior to the issuance of the Building Permit. 19. Any development on this site This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures. a. The applicant (landowner) is responsible for obtaining a land disturbance permit as required by Codes Administration Division prior to undertaking any land disturbance or construction activities on the development site. b. Prior to the issuance of a land disturbance permit for development sites greater than one acre, the applicant is responsible for submitting separate land disturbance plans for review and acceptance by Code Administration Division. The site grading and erosion control measures depicted on those plans must be prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and all other applicable policies statements and administrative rules. c. The applicant is responsible for submitting a site-specific Stormwater Pollution Prevention Plan prepared in accordance with SMC, Chapter 15.04, International Building Code, the Shawnee Design and Construction Manual, and in compliance with the Kansas Department of Health and Environment (KDHE) General Permit for the U.S. Environmental Protection Agency s National Pollutant Discharge Elimination System Permit (NPDES) program for stormwater runoff from construction activities. d. For development sites greater than one acre, the applicant is responsible for submitting a Notice of Intent (NOI) for Storm Water Runoff from Construction Activities and obtaining such permits as required by KDHE prior to undertaking any land disturbance or construction activities on the development site. The applicant must submit to the City a copy of the NOI prior to the issuance by the City of a Land Disturbance Permit for the development site. e. The applicant is responsible for obtaining such permits as may be required by the U.S. Army Corps of Engineers (USACE) for grading activities covered by Section 401 (Water Quality Certification), Section 402 (Wetlands), and Section 404 (Waters of the United States) of the Clean Water Act. 20. All fire hydrants with compliant fire-flows, and fire lanes as required by the Fire Department, shall be installed and approved prior to issuance of a building permit. Minimum fire-flow and flow duration shall be as specified in Table B105.1 of the International Fire Code. 21. If this project is approved, the applicant is responsible for scheduling a pre-design meeting with the Development Engineer prior to preparing the site civil plans, which must show all proposed site improvements. The final site civil plans for this development must be

42 Page 42 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 11 submitted for review and acceptance by the City prior to issuance a public improvement permit or building permit. 22. All private and public improvements for this site shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. A public improvement permit will be required for all public street, storm, and streetlight improvements. 23. All utilities shall be placed underground for any development of this site. RECOMMENDATION Staff recommends denial of Z , SUP , and SP , rezoning, special use permit and site plan for Hy-Vee Fast and Fresh, a convenience store with fuel pumps and drivethru service in the 5500 Block of Woodsonia Drive, for the following reasons: 1. The retail proposal is not in compliance with the City s Comprehensive Plan, which identifies the site as appropriate for office-service development; 2. The intensity, hours of operation and nature of the proposed use will have an adverse impact on existing residential properties to the east; 3. The proposed access point onto Johnson Drive could have negative long-term effects on the Johnson Drive roundabouts as future development occurs in the area; and 4. Other areas in the general vicinity are presently zoned to accommodate the proposed use. If the Planning Commission determines the proposed use is appropriate for the site, Staff would suggest any approval be subject to the following conditions: 1. Approval of the rezoning and special use permit by the City Council; 2. No trash pickup, street sweeping or deliveries shall be made to the site between the hours of 10:00 p.m. and 7:00 a.m. as regulated by City municipal code; 3. Review of the special use permit in one year; 4. The building and parking lot shall be constructed as depicted on submitted site plan and building elevations. Roof drains shall be internal and all metal mandoors and utility meters shall be colored to match the adjacent wall. No exterior roof ladder is allowed (or proposed);

43 Page 43 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE All mechanical equipment shall be located on the roof, and the units shall be fully screened by the surrounding parapet wall or matching metal louvers screens; 6. All landscaping shall be planted as shown on the landscape plan prior to issuance of the final Certificate of Occupancy, and all disturbed areas shall be sodded. The decorative metal fence shall be installed prior to issuance of temporary certificate of occupancy; 7. Parking lot lighting shall be 23 feet in height (including the base). Wall-pack and pole fixtures shall be mounted at a 90-degree angle and provide full glare cutoff. The fuel canopy light fixtures shall be recessed in the canopy, and no part of the fixture may extend past the bottom of the canopy fascia; 8. All signage shall meet requirements of SMC 5.64, and permits shall be obtained prior to installation of any signage at the site; 9. The trash enclosure shall be constructed of brown brick to match the building; 10. Street and other required public improvements shall be constructed to City standards as detailed in the staff report; 11. The storm drainage improvements required for this development shall be designed in accordance with Division 2600, Storm Drainage, of the Shawnee Design and Construction Manual, as detailed in the staff report; 12. This development is subject to the provisions of SMC, Chapter 11.08, Stormwater Management, which pertains to the City s stormwater utility regulations. The applicant is responsible for submitting the impervious area plan as an integral part of the site civil plans for review and acceptance by the Development Engineer; 13. This development is subject to the provisions of SMC, Chapter 11.16, Stormwater Treatment, which pertains to the implementation of Stormwater Treatment Facilities (STF) to preserve and enhance the quality of stormwater runoff. The applicant shall satisfy these requirements as detailed in the staff report; 14. This development is subject to the provisions of SMC, Chapter 11.24, which pertains to the construction and maintenance of on-site stormwater detention facilities. A detention fee in lieu shall be paid by the applicant as detailed in the staff report; 15. This development is subject to the provisions of SMC, Chapter 11.20, Land Disturbance Activity, which pertains to site grading and erosion control measures. The applicant shall satisfy land disturbance requirements as outlined in the staff report; 16. The applicant is responsible for scheduling a pre-design meeting with the Development Engineer prior to preparing the site civil plans, which must show all proposed site

44 Page 44 of 55 Agenda Item #D.1. PLANNING COMMISSION RE: Z ; SUP ; SP ; HY-VEE FAST AND FRESH; 5500 BLOCK OF WOODSONIA DRIVE FEBRUARY 5, 2018 PAGE 13 improvements. The final site civil plans must be submitted for review and acceptance by the City prior to the issuance of the Building Permit; 17. All site improvements shall be constructed according to the applicable standards in the Shawnee Design and Construction Manual. Prior to a Certificate of Occupancy for the structure, all site civil improvements are required to be completed and the STFs shall be as-built and certified by the Design Engineer; 18. Open space fees, estimated at $5,557.44, shall be paid in conjunction with issuance of a building permit; 19. All fire hydrants with compliant fire-flows, and fire lanes as required by the Fire Department, shall be installed and approved prior to issuance of a building permit. Minimum fire-flow and flow duration shall be as specified in Table B105.1 of the International Fire Code; 20. The property is subject to the City s Excise Tax on the platting of property. A final plat shall be approved and recorded prior to issuance of a building permit; and 21. All utilities shall be placed underground.

45 . Page 45 of 55 Agenda Item #D.1. K \ I. sgzaeiéé as $5.:s:ge-ga?a.. é_ > E i : g E; ii "2 mm. L ag H?. mi F.: ;;,3.1.3 I. L MIME. SITE PLAN SITE PLANS HYVEEFAST ANDFRESH C-STORE WOODSONIADRIVE 9II3!Nd smwnsi. us! M)I!Nd QAOEIA MIDI. <N3 (lnvh III)HVd aammua ONEI931 Wm 2017 ZNQKS 311 nu! 9NIO' l'b L! $ 3V..V(].I.N3 NcI0'EII\3(] nevusmns LSSON ASSOCIATES VII. mamm mu nun nu - ' IV. 3Ell'IJ.?:I 3H

46 Page 46 of 55 Agenda Item #D.1. n?» % i%"" :$3:""=. -% :. v "?J.4"x3." ""='i".{'_,1 w, : V1 ". u! %. 1 xh,» ~.~H;w<~'x\:\

47 Page 47 of 55 Agenda Item #D.1. (3000 r h! M Kr. a. an. 33HS LANDSCAPEPLAN SITE PLANS HYVEEFAST ANDFRESH C-STORE NWCORNER OF JOHNSON DRIVEANDWO0DSON A DRIVE KS J.ON nwsmnus ;aaa_1s 5090'". OLSSON vznusauuw mu mu: Im n..._..._z.a..m

48 Page 48 of 55 Agenda Item #D.1. HT.