Shawnee Planning Commission
MINUTES
September 17, 2001
7:30 P.M.
Chairperson Mazza called the Shawnee Planning Commission meeting of
September 17, 2001 to order at 7:35 p.m. in the Shawnee City Hall Council
Chambers. He welcomed the public and all stood and recited the Pledge of
Allegiance followed by a Moment of Silence. Present at the meeting were
Commissioners Bedora, Duckworth, Gentry, Hartley, Jenkins Mazza, O'Connor,
Pflumm Sawyer, Tubbesing, and Wysocki. Also present were Paul Chaffee,
Director of Planning, Doug Allmon, Associate Planner and Mark Zielsdorf,
Assistant Planner.
Item No. 1
Consider September 5, 2001, Planning Commission minutes.
Commissioner Bedora, seconded by Commissioner Duckworth, moved that the
September 5, 2001 Planning Commission minutes be approved as written. The
motion carried 11-0.
CONSENT ITEM (#2, 3, 4, 5, & 6)
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.
Any items removed from the consent agenda will be considered after SUP-5-0108; Z-9-01-08; SP-50-01-08 special use permit, rezoning from AG (Agricultural)
and R-1 (Single Family Residential) to PI (Planned Industrial) and site plan for
DEFFENBAUGH INDUSTRIES, INC.
Chairperson Mazza explained the "Consent Item" format as described above, then
asked if there was a request for additional discussion on a consent item. There
was not a request from the public or the Commission, so the Chairperson asked
for a motion.
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SHAWNEE PLANNING COMMISSION MINUTES
PAGE 2
Dr. David Dowling, 11644 W. 75th Street, asked for item number six, the site plan
for Synergies Complex, located at 11660 W. 75th Street to be pulled from the
consent agenda.
Chairperson Mazza accepted Dr. Dowling’s request and stated that the item would
be discussed after the Deffenbaugh proposal. He asked for a motion to approve
the remaining five (5) items and remove item number six (6) from the consent
agenda.
PLANNING COMMISSION ACTION
Commissioner Bedora seconded by Commissioner Sawyer, moved to approve
consent items 2, 3, 4, & 5 subject to staff recommendations, and remove item
number six (6) from the consent agenda.
The motion carried 10-0-1,
Commissioner Tubbesing abstaining.
Item No: 2
SUP-9-96-8: review of a special use permit previously issued to BRYCE’S
AGAIN, to allow a billiard area and live entertainment in the form of a disc
jockey or a three to four piece band on Friday and Saturday evenings, located at
7441 Quivira Road. Last review, September 16, 1997.
This is the scheduled review of a special use permit issued to George Bowers to
provide live entertainment in the form of billiard tables and a disk jockey or a 3to-4-piece band on Friday and Saturday evening’s at Bryce’s Again, located at
7441 Quivira Road.
SPECIAL USE PERMIT REVIEW
The special use permit was originally issued in September 1996, when there was a
change in owners of the business. The former owner had a special use permit
since 1988. Planning staff has received no complaints regarding the operation of
this facility. Public safety officials report a few calls to the facility over the past
four years for activity in the parking lot, however, the activity may be undertaken
from persons who were not patrons of the business since the parking lot in front
of the business serves Westbrooke Village Shopping center. The result of the
calls were not significant enough to result in the Police Department’s indication
that there was a concern over the operation of the business.
RECOMMENDATION
Staff recommends an extension of SUP-9-96-8 a special use permit issued to
George Bowers, Inc., to provide live entertainment in the form of billiard tables
and a disk jockey or 3-to-4-piece band on Friday and Saturday evenings at
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SHAWNEE PLANNING COMMISSION MINUTES
PAGE 3
Bryce’s Again, located at 7441 Quivira Road, for four (4) years, subject to the
following conditions:
1.
Review of the special use permit in four (4) years;
2.
The number of billiard tables shall not exceed ten; and
3.
Live entertainment shall be limited to a disk jockey or a three or
four piece band on Friday and Saturday evenings.
PLANNING COMMISSION ACTION
Item No. 2, SUP-9-96-8, review of special Use Permit for BRYCE’S AGAIN, was approved as a
Consent Agenda item, on page one.
REPEAT OF CONSENT AGENDA MOTION.
Commissioner Bedora , seconded by Commissioner Sawyer, moved that Consent Item 2, be approved
subject to staff recommendations. The motion carried 10-0-1, Commissioner Tubbesing abstaining.
Item No. 3
SUP-1-01-2: review of a special use permit previously issued to SAUSALITO’S
MEXICAN RESTAURANT, to allow live entertainment in the form of a disc
jockey on Friday and Saturday evenings, located at 12272 Shawnee Mission
Parkway. First Review, permit issued March 1, 2001.
This is the first review of a special use permit issued to Wathiq Kassim to allow
live entertainment in the form of a disk jockey at 12272 Shawnee Mission
Parkway in the Ten Quivira Shopping Center.
SPECIAL USE PERMIT REVIEW
The special use permit was originally issued in February 2001. At the time of the
hearing the Governing Body scheduled the first review of the special use permit
in six (6) months rather than one (1) year. At that time, concerns were addressed
regarding perceived loud music coming from the parking lot in front of the
shopping center. Police reports indicate no calls have been made to the center
regarding noise from this facility, or in the parking lot from patrons of this
restaurant. Planning staff has received no complaints regarding the operation of
the facility.
RECOMMENDATION
Staff recommends an extension of SUP-1-01-02 a special use permit issued to
Wathiq Kassim to allow live entertainment in the form of a disc jockey at
Sausalito’s Restaurant at 12272 Shawnee Mission Parkway, subject to the
following conditions:
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SHAWNEE PLANNING COMMISSION MINUTES
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1.
Live entertainment shall be limited to the provision of a disk jockey on
Friday and Saturday nights between the hours of 10:00 P.M. and 2:00
A.M.;
2.
Doors to the business shall be kept closed to limit noise coming from the
facility; and
3.
Review of the special use permit in one (1) year.
PLANNING COMMISSION ACTION
Item No. 3, SUP-1-01-2, review of special Use Permit for SAUSALITO’S MEXICAN
RESTAURANT, was approved as a Consent Agenda item, on page one.
REPEAT OF CONSENT AGENDA MOTION.
Commissioner Bedora, seconded by Commissioner Sawyer, moved that Consent Item 3, be approved
subject to staff recommendations. The motion carried 10-0-1, Commissioner Tubbesing abstaining.
Item No. 4
SUP-1-00-2: review of a special use permit previously issued to RUSTY’S
LAST CHANCE, to allow live entertainment in the form of a disc jockey on
Wednesday through Saturday evenings, located at 10901 W. 75th Street. Last
review September 18, 2000.
This is the scheduled review of a special use permit issued to William Wilson, to
allow live entertainment in the form of a disk jockey at Rusty’s Last Chance,
located at 10901 West 75th Street.
SPECIAL USE PERMIT REVIEW
The special use permit was originally issued in February 2000. Previous
complaints had been received regarding noise coming from the facility, and
patrons parking on the north side of 75th Street in the Ryan’s parking lot. Staff
has received no complaints regarding the operation of the business. Police
reports indicate no noise violations or complaints related to the provision of live
entertainment. The reports do indicate some theft from cars in the parking lot.
However the level of complaints do not appear to be extreme, and such activity
occurs at other business establishments in the community.
RECOMMENDATION
Staff recommends an extension of SUP-1-00-02 a special use permit issued to
William Wilson to allow live entertainment in the form of a disc jockey at Rusty’s
Last Chance at 10901 West 75th Street, subject to the following conditions:
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 5
1.
Live entertainment shall be limited to the provision of a disk jockey on
Wednesday through Saturday evenings, with the disc jockey ending
activity at midnight;
2.
The applicant shall continue to display signs in the front door window
indicating that patrons’ cars will be towed if parked in the Ryan’s
Steakhouse or Mc Donald’s parking lots;
3.
The occupancy of the restaurant shall be limited to 198 persons;
4.
Windows and doors to the facility shall remain closed when music is being
played; and
5.
The special use permit shall be reviewed in one (1) year.
PLANNING COMMISSION ACTION
Item No. 4, SUP-1-00-2, review of special Use Permit for RUSTY’S LAST CHANCE, was approved
as a Consent Agenda item, on page one.
REPEAT OF CONSENT AGENDA MOTION.
Commissioner Bedora, seconded by Commissioner Sawyer, moved that Consent Item 4, be approved
subject to staff recommendations. The motion carried 10-0-1, with Commissioner Tubbesing abstaining.
Item No. 5
SUP-6-92-9: review of a special use permit previously issued to PEGGY
REMY, to allow a one chair beauty solon as a home business, located at 7307
Stearns. Last Review September 2, 1997.
This is the scheduled review of a special use permit issued to Peggy J. Remy to
operate a one (1)-chair beauty shop in her residence, located at 7303 Stearns.
SPECIAL USE PERMIT REVIEW
The special use permit was originally issued in September 1992. Staff has
received no complaints and public safety officials report no problems with this
facility.
RECOMMENDATION
Staff recommends an extension of SUP-6-92-09 a special use permit issued to
Peggy Remy to operate a one (1) chair beauty shop in her residence, located at
7303 Stearns, for four (4) years, subject to the following conditions:
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 6
1.
Review of the special use permit in four (4) years;
2.
The applicant submit a copy of her current beauticians license to staff;
3.
No signage be allowed; and
4.
The shop be limited to one (1) chair and no outside persons be employed.
PLANNING COMMISSION ACTION
Item No. 5, SUP-6-92-9, review of special Use Permit for PEGGY REMY was approved as a Consent
Agenda item, on page one.
REPEAT OF CONSENT AGENDA MOTION.
Commissioner Bedora, seconded by Commissioner Sawyer, moved that Consent Item 5, be approved
subject to staff recommendations. . The motion carried 10-0-1, Commissioner Tubbesing abstaining.
NOTE: Item number six (6) was pulled from the consent agenda and will be
discussed after item number seven (7) under New Business.
NEW BUSINESS
Item No: 7
THIS ITEM WAS TABLED AT THE AUGUST 6, 2001 MEETING.
SUP-5-01-08; Z-9-01-08; SP-51-01-08: consider, special use permit, rezoning
from AG (Agricultural) and R-1 (Single Family Residential) to PI (Planned
Industrial) and site plan for DEFFENBAUGH INDUSTRIES, INC., for
expansion of the existing landfill, located in the 4900 to 5700 blocks of Locust
Street. Request submitted by Brian D. Doerr, Duggan, Shadwick & Doerr, for
Deffenbaugh Industries, Inc., owner.
Planning Director Chaffee stated that staff has just returned from the Water
District #1 meeting and that there would be some modifications made to the staff
report. Specifically, the stipulations that came from the Water District are
amendments, there are four issues that were currently covered in the staff report,
however the wording that the Water District preferred would be inserted rather
than what was previously written.
Planning Director Chaffee explained that the applicant requests approval for
rezoning from AG (Agricultural) and R-1 (Single Family Residential) to PI
(Planned Industrial), special use permit approval for the operation of a sanitary
landfill, and site plan approval for a sanitary landfill and review of an end use
plan. The application was submitted by Brian D. Doerr for Deffenbaugh
Industries, owner.
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SHAWNEE PLANNING COMMISSION MINUTES
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REZONING FACTORS
1.
The applicant requests rezoning for a piece of property containing 178.281
acres, generally located between the 4900 and 5600 blocks of Locust. The
property is currently zoned AG (Agricultural) and R-1 (Single Family
Residential). The property to be rezoned contains 178.281 acres, and is
proposed to be used for sanitary landfill operations as well as berming and
open space. The applicant has submitted a revised legal description,
which reduces the area requested to be rezoned by one acre. Additionally,
the applicant has requested the portion of the original rezoning and special
use permit request on the east side of the landfill generally north of 53rd
Street, as well as the location of a new “deep well” be withdrawn from the
request. A copy of the letter is attached. In accordance with state statute,
a rezoning/special use permit may be granted for an area lesser than
published, but may not contain a greater area.
2.
The property subject to the revised the rezoning request has been
developed with scattered single family homes on large acreages, contains
the location of the former Town of Holliday, or is vacant. This property is
zoned AG (Agricultural), with the exception of Holliday, and the adjacent
Cole’s Addition, which is zoned R-1 (Single Family Residential). Zoning
to the north and west of the site is PI (Planned Industrial) and AG
(Agricultural), zoning to the south is AG (Agricultural), and zoning to the
east is PI in the City and the remainder of the property to the east is
located in the county. The applicant will petition the City of Shawnee to
annex the entire area of the Johnson County Landfill located outside the
city limits located east of this parcel.
3.
Property to the east of the tract is being landfilled, has been landfilled, or
is being prepared for landfilling. To the north and northwest of the site
across the railroad tracts is the Johnson County Wastewater Treatment
Plant, and a single family home. A portion of the Mill Creek Streamway
Park is located immediately east of the wastewater plant. To the south are
two single family homes on large acreages. To the west across Barker
Road are recreational uses, vacant land, and a single family home owned
by the applicant. Residential development west of the site lies one half to
three quarters of a mile away. A small family cemetery is located within
the site. The applicant is working with the heirs to purchase plots in a
local cemetery, and the bodies will be moved at the applicant’s expense.
4.
The Land Use Guide of the Comprehensive Plan indicates low density
residential uses for the area. This designation reflects the general current
pattern of development on the site with scattered single family homes up
and down the west side of Locust. It could not be expected that residential
subdivisions would be developed immediately adjacent to a landfilling
operation. The Land Use Guide was amended after the 1994 rezoning and
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 8
special use permit approval to indicate additional properties, which would
now be included in the landfill. Should this rezoning be approved, the
Comprehensive Plan shall be amended to indicate the location of open
spaces for buffering and well as areas where landfilling will occur.
5.
Access to the site is to be from the existing landfill entrance along
Holliday Drive. A secondary entrance for office workers is located on
53rd Street, which is accessed from Renner Road. A temporary
construction entrance will be provided off the northern end of Locust for
construction vehicles during construction of the berm and collection cells,
as well as for access to the asphalt plant, ready-mix facility and gravel
extraction on the site. No additional access points will be provided.
Locust will be vacated north of the Jackson and Nuesse properties. The
applicant will be required to request the Governing Body to vacate Locust,
the Town of Holliday (Waseca), and Cole’s Addition.
6.
The character of the area will change from an area of scattered single
family homes to an area with no traffic generation by the public through
the area. The Holliday area will be demolished. Other than landfilling
operations being undertaken on the site, the land will appear to be vacant
from the streets. Two single family homes will be located on the east side
of Locust adjacent to the landfill operations. The homes are owned by the
same family. The applicant has made efforts to purchase both of these
properties. Two single family homes will remain on the west side of
Locust north of Johnson Drive, also owned by the same family. The
applicant also made efforts to purchase these homes. Access to these
properties will remain on Locust off Johnson Drive.
7.
Sanitary landfill operations have the potential, and do on occasion,
produce an odor detectable outside the operation. This is especially true
during certain weather conditions, such as the combination of heat and
heavy rain. With the predominant winds during these weather conditions
from the southwest, the resultant odor is directed over the Kansas River.
During shifts in wind, the odor may drift to the west and south. As noted
by Codes Administration staff, no odor complaints have been lodged with
the City since 1998, until the application for the sanitary landfill expansion
had been submitted. The Kansas City Star quoted an individual resident
adjacent to the west side of the landfill as stating the odor was not a daily
problem in the area, although on some days an odor does exist. There are
several other uses in the area that also have the potential to produce a foul
smelling odor. The Johnson County Wastewater District has a pump
station located on the south side of Johnson Drive near I-435 that has been
operating at less than capacity emitting a strong odor in the area.
Additionally, stagnant conditions along Mill Creek and the natural
decomposition along the creek, can present an odor similar to composting
operations. Although not producing an odor, the main line of the
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 9
Burlington Northern Santa Fe railroad passes to the west and north of the
landfill site, emitting noise from whistles and high-speed movement of the
trains.
The applicant has taken measures in recent years to reduce the odor
associated with sanitary landfill operations. This has included spraying an
odor reducing agent in the landfill where trash is being deposited, as well
as the installation of a methane gas collection system, where the gas is
both burned off at the site, as well as the current construction of a pipeline
to transfer methane gas collected to end users to use as heating fuel
8.
Land filling activities are currently being undertaken on property currently
located in the County. Land filling will move into an area west of I-435 in
the near future, located in the City of Shawnee. This area is under a
special use permit, as well as a tract on the west side of the existing
landfill adjacent to Locust to be used for future operations.
9.
The rezoning itself with proper controls can minimize detrimental effects
upon surrounding properties. A ridgeline, railroad tracks and the
wastewater treatment plant border the area for the expansion. The
perceived detriment that property values will be decreased is not
evidenced. Given the lack of sewers in the area to the south of Johnson
Drive, the area is not expected to develop in the near future, and if
development does occur it will happen with knowledge of the land filling
operations. Other items site plan specific in nature are presented in the
special use permit and site plan review.
Staff has viewed the landfill operations from the corner of 47th Terrace
and Mund, and 48th and Lakecrest. Both locations are at the eastern end of
Hillcrest Farms subdivision. A portion of the entry drive into the area
currently being landfilled can be seen, as well as the top of the exterior
berm for landfilling operations. New berms will be constructed in this
area for the expansion of the operations to the west, which should block
the view of the existing road, however, the exterior of the berm will
remain visible from this location. As discussed in the staff report, the
applicant will be required to provide plant materials on the new berm,
which when mature will blend into the existing topography on the site that
will not be disturbed.
Since 1992, there have been approximately 1,869 single family residential
lots approved in the area between Mill Creek, Monticello Road, 47th Street
and Shawnee Mission Parkway. There have been homes constructed on
1,268 of those lots as of June 30, 2001. Hillcrest Farms, Brittany Heights,
Brittany Valley, and Deerfield Trace have recently been among the most
active subdivisions in the City in regard to number of permits issued
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 10
during calendar year. The current location of the landfill has not seemed
to diminish development west of the site.
10.
Denial of the rezoning request may not appear to benefit the public. The
use of the land for the landfilling purpose is more reasonable to expect
than residential subdivision development for the foreseeable future.
Rezoning would allow a similar use that currently exists in the area to
continue. There is a benefit to the community as a whole, and for the
County as well, to continue operation of the Johnson County Landfill near
the urbanized area. Collection and burial of solid waste within a
reasonable distance will allow solid waste collection to occur at reasonable
costs to the public. A probable reason properties not owned by the
applicant have not developed, or have been slow to develop is the
unavailability of sewers in the area. As witnessed in other areas of the
City, the provision of sewers increases the likelihood of urbanized
development soon after their provision.
11.
Although not being considered by the Planning Commission, it is noted
the applicant will request the landfill property located in Johnson County
(Monticello and Shawnee Townships) to be annexed into the City. Should
the annexation occur, a rezoning application will be considered after the
annexation to assign the property with a zoning classification used in the
City, rather than the County zoning designation.
SPECIAL USE PERMIT REVIEW
1.
The applicant requests a Special Use Permit to develop a sanitary landfill
on 171.5 acres west of the existing sanitary landfill operations. The
special use permit request is for a 25 year period, beginning with the
active placement of solid waste in the cells. This area is referred to as
Phase VI.
2.
The last consideration for an expansion of the sanitary landfill occurred in
1994. At that time 109.2 acres was rezoned and approved for landfill
activity. At that time an expansion west of Locust was not anticipated.
Since that time the applicant has been able to acquire contiguous
properties to the west from numerous owners. The request, if approved,
would remove doubt regarding the future location of a solid waste disposal
site in the County, as well as allow development to proceed at the current
time in areas further from this operation. Given the current operation of a
landfill east of Locust, and the time frame for continued operations, this
land would not be expected to develop, and little incentive for investment
in some of the properties would be expected.
3.
Inspection for compliance with all applicable environmental and future
environmental, as well as Subpart D regulations related to solid waste
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 11
disposal, will be undertaken by the Johnson County Environmental
Department and the Kansas Department of Health and Environment, as is
currently the case.
4.
As is the case with the current special use permit for expansion being
constructed along I-435 and Locust, staff will recommend a review of the
special use permit on an annual basis to review progress being made in
creating the landfill, along with the regular four year review cycle, as long
as violations do not occur.
5.
The area for the special use permit differs from the rezoning. The area
excluded generally runs along the ridgeline along Barker Road on the
western portion of the site, and lies approximately 425 feet back from the
northern property lines. Exclusion of these areas from the special use
permit will not allow landfilling operations in the entire area to be
rezoned, and will provide some assurance the trees to the top of the ridge
will be left intact. It also indicates the placement of wastes will be
undertaken behind the berms.
6.
A sanitary landfill is an allowed use in the PI (Planned Industrial) zoning
district, provided the Governing Body grants a special use permit.
Landfilling operations have been in operation in this vicinity since the
1950’s. The use has been consistent with its zoning district. The new
cells will not be visible to the public. The area to the south and west of the
special use permit request is heavily treed, and the construction of an
additional bermed area along the north side of the property will shield
operations. The requirement for a special use permit further restricts the
use of the property, as well as provides a period review of the operation,
timing, and progress being made in fulfilling all requirements.
7.
Wastes acceptable for disposal at this site consist of solid municipal waste,
industrial waste, construction and debris waste, brush and wood wastes,
unregulated hazardous wastes, and chipped or shredded tires. Wastes that
are unacceptable include hazardous waste, polychlorinated biphenyl
waste, bulk or non-containerized liquid waste, sewage sludge and dead
animals.
8.
Although placement of solid waste in this area is not anticipated to occur
for a fifteen to twenty year period, the applicant is setting in motion the
works and approvals, which will be necessary to complete prior to land
filling in this area. The applicant is planning for the future to provide a
place for solid waste disposal at a location where such operations currently
exist. The growth in surrounding areas makes it necessary for such long
term planning to occur. The amount of solid waste placed in the landfill
between 1994 and 2001 has increased from approximately 3,000 tons per
day to 4,500 tons per day.
SEPTEMBER 17, 2001
9.
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 12
The remaining issues to be considered for the special use permit are
covered in the rezoning factors, as well as in information provided in the
site plan review.
SITE PLAN REVIEW
1.
The applicant has submitted a site plan for consideration to expand the
Johnson County Landfill. As previously indicated the area of the
expansion under a special use permit on the west side of the existing
landfill contains 171.5 acres. Additionally, as required, the applicant has
submitted two end-use plans. Both plans propose recreational uses for the
site, and both include the previously approved end use plan for a golf
course to be constructed on the eastern portions of the entire landfill
properties.
2.
The site plan indicates the limits of excavation activity for the construction
of additional solid waste collection cells at the Johnson County Landfill.
They lie to the west of the current landfilling operations.
3.
Locust will be vacated by ordinance adopted by the Governing Body,
north of the Nuesse subdivision to Holliday Drive. Vacation of this street
will be completed after annexation of the property located in the County.
Also, the curb return at Holliday Drive will need to be removed and new
curbs placed along the street, when Locust is no longer used. After
vacation of Locust, the applicant is responsible for dedicating right-of-way
for a turnaround at the new north end of the street by deed. The
turnaround will be constructed to local residential standards, but without
curbs. The applicant shall also request the vacation of the plats for Cole’s
Addition and Waseca under their ownership prior to any landfilling or
grading occurring on the site.
4.
As a condition of annexation, the developer will enter into a developer’s
agreement with the City. The agreement shall be approved by the
Governing Body, prior to any excavation work being undertaken in the
area under this rezoning or special use permit (SUP).
5.
The applicant will provide 24-hour security patrol around the perimeter of
the site, as well as for the interior area of the landfill.
6.
Interior access to Phase VI will be from existing roads in the landfill. The
access roads will be 70 feet in width to handle two-way traffic, and will be
constructed of 8-inch thick crushed rock, as are the existing roads. The
roadway network is designed to handle traffic in all-weather conditions.
The roadway network is continuously maintained, and will be maintained
in a dust free condition. All haul roads on the landfill property will remain
at elevations below the perimeter of the berm, when the berm is complete.
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SHAWNEE PLANNING COMMISSION MINUTES
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The road presently visible from the west at higher elevations will be
obscured by the completion of the new berm.
7.
A new berm will be constructed along the north line of the proposed
expansion area. Additionally, a smaller berm will be constructed to fill in
the side of a hill and will be constructed on the northwest corner of the
site. Berming behind the top of the ridgeline will occur along the west
side of the property to bring the overall berm elevation to 950 feet. The
existing ridgeline will not be disturbed. The steepest part of the berm to be
constructed extends vertically 170 feet, and connects into the existing
berm, which has been constructed south of Holliday Drive, on the east side
of Locust. Barker Road may be vacated in the future, if property owners
on both side of the street petition for its vacation.
8.
Blasting will occur on the site as the new cell is created. This activity has
been undertaken in the past as new cells have been constructed, and the
applicant is well aware of the City’s regulations. The applicant shall
comply with blasting regulations found in Sections 15.31.040 through
15.32.090 of the Shawnee Municipal Code, as well as Sections 7701.3
thorough 7703.9 of the Shawnee Manual of Technical Specifications and
Design Criteria. Additionally, the applicant shall comply with Section
7703.7 of the Shawnee Manual of Technical Specifications and Design
Criteria relating to ground vibration.
9.
Overall, the finished grade of the property included in the special use
permit request will be at the 993-foot elevation at the current City limit
line. The grade will slope from west to east, with the highest elevation
meeting that approved in the County at 1000 feet above sea level. The
slope of 50 feet from east to west is over a 2,500-foot width at the western
end, and over a 600-foot width at the northern end. The elevation of
Barker Road (Jefferson) at the base of the existing hill ranges from an
elevation of 770-786 feet above sea level on the north side to 815-820 feet
above sea level on the south side. The ridgeline, which will not be
disturbed ranges from 930-950 feet above sea level. In this area the berm
to be constructed will not be visible and will be behind the tree line. The
top of the ridgeline along the northern and northwestern portion of the site
ranges from 850-920 feet, and the new berm will be visible in these
locations.
Additionally, a two hundred foot buffer and berm will be constructed
north of the Jackson property, and a berm will be constructed within the
special use permit area north of the Nuesse property to connect to the
existing berm constructed during previous landfilling operations. The
exterior elevation of the berm shall be covered with dirt material and
landscaped when they are completed. The landscaping shall consist of
plantings containing pine, oak and ash trees to compliment the existing
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 14
forested slopes, and native grass and wildflower ground cover. The
Planning Commission shall approve a landscape plan for the berms prior
to their completion. It is expected the ground cover and trees will make an
immediate impact on the exterior of the berms.
10.
The applicant will provide temporary and permanent litter fencing and site
fencing during all landfilling activities, and will continue its inspection
and road cleanup activities on all streets and highways surrounding the
landfill area. The temporary litter fence shall be 12 feet in height
constructed of metal laces adjacent to the working phase. A woven wire
fence at least four feet in height shall be constructed along the north,
south, and west boundary lines of the special use permit area to match
such existing fencing previously required.
11.
As previously noted, a methane gas collection system has been installed at
the landfill site to reduce odors from the gas at the site. The collection
system includes pipe systems, pumps, and flares, which collect the gas for
transfer to end users, or is burned off to reduce odor. Odor is also
controlled by placing 8 to 12 inches of compacted cover (dirt) material
over exposed wastes daily. The cover exceeds the minimum of six (6)
inches of cover required by current regulations. The cover material is as
impermeable as possible to reduce rainfall infiltration. While such
measures may not eliminate odors that come from the landfill, these
measures significantly reduce the odor produced at the site.
12.
One of the intakes for Johnson County Water District No. 1 is located
approximately seven-tenths of a mile northeast of the entrance to the
Johnson County Landfill and approximately nine-tenths of a mile east of
the outside face of the berm of the area currently being filled in the
County. The area included in this request is approximately one-quarter
mile further to the west. This item was tabled at the August 6, 2001
Planning Commission meeting to allow Johnson County Water District
No. 1 the opportunity to perform an independent study regarding the
potential effect of the expansion of the landfill on water quality at the
Kansas River intake. The water district contracted with Black and Veatch
to perform this work.
The engineers prepared a study entitled
“Assessment of the Impacts of the Johnson County Landfill on Water
Quality at the Kansas River Intake.”
The draft study and
recommendations were presented at the water district operations
committee meeting on September 6, 2001.
The report noted periodic monitoring of the landfill by the Kansas
Department of Health and Environment as well as the Johnson County
Environmental Department. These agencies collect duplicate and split
samples frequently enough to assure the sampling and analysis program
results are representative of the conditions at the landfill.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 15
The report notes the landfill as it is presently operated represents at most a
negligible threat to the quality of the Kansas River surface water that may
enter the Kansas River intake. With proper maintenance of the landfill
during the after-closure as prescribed by applicable regulations, there will
be no significant increase in the landfills effects on drinking water quality.
In their review, the engineers assumed a combination of worst-case longterm and short-term conditions such as a complete loss of containment and
engineering controls, and found that the water quality in the Kansas River
will still meet the most stringent current drinking water quality standards.
The assessment did not account for the natural degradation that may occur
during transport of contaminants to the intake or the method of treatment
or removal that will occur at the water treatment plant.
The conclusions were based on the assessment of known leakage from
older pre-Subtitle D portions of the landfill, and of the known or expected
maximum extent of leachate generation from the entire landfill, including
the proposed expansion area.
The report reviewed the leachate characteristics at the landfill site. The
report notes the leachate, which is the water that leaches or drains from
solid waste and collects at the bottom of the landfill. The primary source
of leachate is the precipitation that falls on the landfill site. As new cells
are opened the amount of leachate is expected to increase, however as
closure occurs and the cells are covered with the multi-layered cap, the
amount of leachate will be reduced. The report found that compared to
concentrations found in contaminants found in leachate from other
landfills around the country, the leachate from the Johnson County
Landfill is weaker than typical.
The report notes that leachate has been leaking form Phase II of the
landfill since the 1980’s. This phase was constructed in the 1970’s prior
to current multi-layer liner requirements. The primary contaminant
leaking from the site is vinyl chloride, which from samples taken from the
monitoring well locations are concentrations, which exceed current
drinking water standards. The applicant has worked with the Kansas
Department of Health and Environment to capture and manage the
leakage. A French drain and hydraulic containment well system has been
constructed to capture and intercept the contaminated liquids that may
move toward Mill Creek or the Kansas River. The location of these
improvements are located to capture the majority of the known
contamination.
Leakage and leachate collected form the site is disposed of in an on-site
injection well (deep well). Injection of contaminated liquids are done
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 16
under controlled conditions into very deep soil or rock layers as permitted
by the Kansas Department of Health and Environment. The deep layer
used for disposal is 1500 to 2000 feet deep. The layer is below all
drinking water aquifers and the Kansas River by a 500-foot thick
impervious layer. The new deep well site will perform the functions of the
existing well, which will be capped and abandoned.
The report notes the contaminants, which have been released at the
landfill, have not created an impact on surface water or groundwater
tributaries to the Kansas River. The volatile organic contamination in the
groundwater appears to dissipate naturally as it migrates toward the
Kansas River, or at worst evaporates after it reaches the river.
The report reviews worst-case scenarios for potential contamination of
drinking water from the site. The scenario’s expect a complete failure of
the primary and secondary barriers and control systems and direct
transport of liquid contaminates to the Kansas River and the intake with no
natural dissipation or evaporation loss. The report notes if these
catastrophes occur the contamination would hug the southern bank with
little or no mixing with river water until blended with the minimum
amount of water that can be withdrawn by the smallest pump at the intake.
In all conditions reviewed separately and in combination (failure of the
French drain system, failure of leachate system and failure of the above
ground storage tanks), the resultant contamination for vinyl chloride
would be ¾ the maximum contamination level for the contaminants.
The evaluation did not include contribution of contamination from the old
Doepke-Holliday landfill, which was a superfund site. This area is outside
the Johnson County landfill, which was a superfund site. Monitoring
systems at this site indicate the site is not contributing detectable
concentrations of vinyl chloride to the Kansas River. The report also does
not consider contamination release from a catastrophic flood along the
Kansas River, which would carry solid waste into the Kansas River. It is
noted the Landfill is located outside the 500-year floodplain, and if this
magnitude of flood were to occur, it is likely the intake would also be
affected and would be taken out of service during the flood. The
monitoring results reflect current operating conditions with the French
drains in place and the reports neglects that leachate strengths usually
decrease as the landfill ages and assumes future groundwater and leachate
characteristics are similar to those liquid managed now.
The report also assumes the landfill leachate has as much vinyl chloride in
it as the liquids drawn from the French drains. The report also assumes
the lowest possible flow into the intake, the natural loss of volatile organic
contaminants that normally occur through biological metabolism or
evaporation, or other natural processes, which tend to destroy or reduce
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 17
contaminants as they pass through soil or water, as well as the reduction,
destruction or removal of any volatile organic and inorganic compounds
with the treatment process at the intake center.
Black and Veatch have recommended the water district take the following
action. Earlier this evening the Water District voted to accept the report
and not oppose the special use permit subject to the following;
a.
The operator shall maintain the present groundwater, leachate, and
French drain system sampling program, and comply with all
ground water monitoring programs, as required by the rules and
regulations applicable under the Kansas Solid Waste Act, K.S.A.
65-3401 et seq. Such testing shall be conducted on no less than a
semi-annual basis, through the post-closure period, unless a more
frequent sampling and monitoring program us required under the
Kansas Solid Waste-Act; (Condition 13 & 18)
b.
The operator shall provide to water district No. 1 of Johnson
County, Kansas, all underground monitoring reports required to be
submitted under the Kansas Solid Waste Act, K.S.A. 65-3401 et
seq. to the Kansas Department of Health & Environment;
(Condition 19)
c.
The operator shall conduct any post-closure monitoring plans
through the year 2067 unless otherwise determined by the Kansas
Department of Health & Environment.
All post-closure
monitoring data shall be made available by the operator to Water
District No. 1 of Johnson County, Kansas. If at any time during
the post-closure monitoring period, the contaminant levels of any
measured contaminant exceeds the Maximum Contaminant Level
(MCL), as established by the Kansas Department of Health &
Environment, the post-closure monitoring period shall be extended
until the contaminant no longer exceeds the MCL, for a period of
no less than two years; (Condition 13) and
d.
The operator shall immediately notify Water District No. 1 of
Johnson County, Kansas via a designated representative, of any
occurrences resulting from the landfill operations that may affect
ground or surface water quality. (Condition 19)
The conditions shall be amended to reflect these items;
The opponents to the landfill indicated to the Water District the report had
been submitted to the Great Plains/Rocky Mountain Research Center at
Kansas State University for critique. The expected to see the critique
completed prior to the City Council meeting. However Black & Veatch
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 18
noted the test results in the report was askew to show the district the worse
case scenario and all test results in between were not listed.
The 2001 Water Quality Report printed by the Water District indicates
three sources of water supplied to consumers. The Water District treated
approximately 15.6 billion gallons of water from the Missouri River, 5.2
billion gallons of water from the Kansas River, and 0.5 billion gallons
from wells south of the Kansas River.
The United States Environmental Protection Agency requires monitoring
of over 92 contaminants.
The Water District indicates eleven
contaminants have been detected in drinking water, in all cases none if the
contaminants detected exceed State or Federal standards. The district also
lists four unregulated parameters and sixteen other parameters required to
be tested. All of these levels do not exceed State or Federal standards.
The applicant will be required to place monitoring stations at locations
specified by Johnson County and/or the Kansas Department of Health and
Environment to allow testing of groundwater. Such monitoring systems
are already in place for areas that have been land filled and where landfill
operations are continuing to occur. The applicant will be required to
comply with all prescribed groundwater regulations administered either by
Johnson County, Kansas Department of Health or Environment and the
Federal Environmental Protection Agency.
13.
In accordance with EPA subtitle D guidelines, which apply to the
development of municipal landfills, the base of the excavated area and the
sidewalls shall be constructed meeting those guidelines, or amended
guidelines in effect when approval for the work is granted by the Kansas
Department of Health and Environment. The base liner system consists of
a 12-inch layer of pulverized and compacted shale, a geosynthetic clay
liner, a 60-mil high-density polyethylene flexible membrane and a 14ounce per square yard non-woven geotextile. Depending on construction
conditions after excavation an alternate liner system may be installed. The
alternate system would have the 12-inch layer of shale replaced by a
geosynthetic clay liner and a textured 60-mil high-density polyethylene
flexible membrane liner. The Kansas Department of Health and
Environment shall approve the liner system to be installed, prior to its
installation.
The liner system on the slope of the landfill consists of a double
geosynthetic clay liner and a flexible membrane liner. Initially a
reinforced geosynthetic clay liner will be installed, with a 60-mil highdensity polyethylene flexible membrane liner installed on top. A second
layer of the same materials is then installed and are finally covered by a
non-woven geotextile.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 19
The initial lift of waste in the lined portions of the landfill will consist of
select waste to prevent damage to the bottom liner and the leachate
collection system.
14.
The underlying improvements include a leachate detention system and
monitoring wells that allows for the detection of any groundwater
contamination, or leakage from the site. The leachate system is placed at
the bottom of the cell and has a slope of two percent. The system carries
liquid wastes, which collect at the bottom of the cell, and carries them to
the deep well where they are disposed. To ensure funds are available to
the State to monitor the site, the applicant shall pay into a State trust fund,
or other approved mechanism, as determined by the Kansas Department of
Health and Environment.
15.
The landfill expansion is not 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. However,
support facilities required in the future for the operation and maintenance
of this development might be subject to these regulations. Each facility or
group of facilities will need to be considered when site plans for any
future construction not included in this application are submitted for their
approval.
16.
The site grading and erosion control measures required for this
development are regulated by agencies other than the City for property
inside the landfill.
17.
The stormwater drainage system required for Holliday Drive shall be
designed in accordance with Division 4600, Storm Drainage of the
Shawnee Manual of Technical Specifications and Design Criteria. The
drainage system must be designed to convey the stormwater runoff from a
25-year return period storm. The stormwater drainage system required
within this development is regulated by agencies other than the City.
Stormwater collection plans must be approved by the Kansas Department
of Health and Environment. All surface water drainage systems will be
designed to collect and control the 25-year storm. While waste is being
deposited in the first lift of each stage of development, stormwater
diversion berms will be installed to prevent the ponding if excess
stormwater in the waste areas. The diversion berms will direct the water
to sedimentation basins inside the landfill facility.
18.
Engineering staff recommends that the applicant be required to improve
Holliday Drive to minor arterial standards including on-street bike lanes.
The applicant shall within thirty (30) days of annexation of land into the
City, request creation of a benefit district for the improvement of Holliday
Drive. The street shall be designed and constructed according to the
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 20
standards in the Shawnee Manual of Technical Specifications and Design
Criteria. Therefore, the street needs to comply with the following
geometric design standards:
19.
a.
The right-of-way width shall be a minimum of 45 feet, measured
from the centerline;
b.
The radii of the street right-of-way will be 25 feet at intersections
to provide a minimum parkway of 10 feet;
c.
The street will be designed for a minimum safe speed of 40 mph;
d.
The centerline grades will be minimum of 1 percent and a
maximum of 8 percent;
e.
Vertical curves shall be designed for a minimum stopping sight
distance of 325 feet (K=73.9, crest; K=65.6 sag);
f.
Horizontal curves will be designed with a minimum radius of 650
feet;
g.
A tangent segment having a minimum centerline length of 100 feet
will be provided between reverse curves. A tangent segment will
be provided at all street intersections from the beginning of the
curb returns to the centerline of the intersecting streets.
The applicant shall improve Holliday Drive from the west ramp of I-435
to Wilder Road to commercial-industrial (minor) collector street
standards. The street shall be constructed as follows:
a.
The roadway will be 36 feet wide measured from back-of-curb to
back-of-curb, with on-street bicycle lanes on both sides;
b.
The radii of the curb returns at an intersection will be 35 feet;
c.
The street pavement will be a minimum thickness of either 10
inches of asphalt or 8 inches of concrete;
d.
Type “A” curbs are required;
e.
The right-of-way behind the curb will be graded to a typical crosssection having a gradient of ¼-inch to1/2-inch per foot;
f.
A sidewalk is required on one side of the street, placed one-foot
inside the right-of-way, with sidewalk ramps installed to
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 21
Americans with Disabilities Act (ADA) standards at the
intersections;
g.
Pavement markings will be provided as specified by the Manual of
Uniform traffic Control Devices (MUTCD).
20.
The applicant shall receive all necessary approvals by Johnson County and
the State of Kansas prior to the beginning of any excavating activities. As
provided by State statute the Johnson County Environmental Department
is responsible for the day-to-day monitoring of the operations. The
applicant shall submit to the Planning Department copies of all approval
correspondence with the County or State regarding operations of the
landfill, within the corporate limits of the City of Shawnee, as well as any
other correspondence regarding deficiencies noted at the site.
21.
The applicant is responsible for obtaining such permits as may be required
by the Kansas Division of Water Resources (DWR) for any grading
activities covered by KSA 24-126 to change the grade or place any fill
materials in the Special Flood Hazard Area (SFHA) within the lower
reaches of Hayes Creek, as designated by the Federal Emergency
Management Agency (FEMA), or to alter, modify or relocate any
watercourse within the 100-year floodplain of any creek having an
upstream watershed larger than 240 acres. A copy of the application(s)
and the approved permit(s) or a letter of release must be submitted to
Engineering staff prior to the issuance of a grading permit in a SFHA.
The issuance of any grading permit in a 100-year floodplain of any creek
having an upstream watershed larger than 240 acres should be subject to
the applicant obtaining such permits as may be required by the DWR.
22.
The applicant is responsible for obtaining such permits as may be required
by the Army Corps of Engineers (COE) for grading activities covered by
Section 402 (Wetlands) and Section 404 (Waters of the United States) of
the Clean Water Act. The issuance of any grading permit should be
subject to the applicant obtaining such permits as may be required by
COE.
23.
Excavation work will cover over an area in excess of five acres.
Therefore, the applicant shall obtain an Environmental Protection Agency
National Pollutant Discharge Elimination System permit from the Kansas
Department of Health and Environment. A copy of the application shall
be filed with the Engineering Division prior to issuance of a grading
permit. The permit shall be filed with the Engineering Division upon
approval.
24.
Wetland areas are protected under Section 404 of the Clean Water Act.
Five existing ponds in the area proposed for expansion have been
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 22
investigated. All the ponds are old stock ponds. It is unlikely that three of
the ponds are under Section 404 jurisdiction. However, the two largest
ponds and two natural drainage ways in the area may come under
jurisdiction. Prior to any construction activity, wetland delineation will be
conducted and a final report prepared to document any wetlands. A copy
of this report shall be filed with the City of Shawnee and the Corps of
Engineers. The Corps will make the final determination of jurisdiction
and a copy of their findings shall be forwarded to the City. If site
development impacts any jurisdictional concern, the Corps may require an
individual permit and may require mitigation measures to be undertaken.
25.
The applicant is responsible for obtaining such permits as may be required
by the Kansas Department of Health and Environment (KDHE) for
grading activities covered by the Environmental Protection Agency’s
National Pollutant Discharge Elimination System Permit Program. The
issuance of any grading permit shall be subject to the applicant obtaining
such permits as may be required by KDHE.
26.
No federal funding is involved with the expansion of the Johnson County
Landfill. Therefore, no Environmental Impact Statement is required to be
filed with the Environmental Protection Agency. The construction and
operation of the landfill, however, must be in conformance with EPA
guidelines. The applicant is required to submit for approval and take
actions warranted as the result of a hydro-geological study prepared for
the Kansas Department of Health and Environment.
27.
Given the length of time before this project is expected to be completed,
all conditions of approval, site plan and special use permit contents are
applicable to the current and any future owner of the landfilling
operations. This special use permit is issued to Deffenbaugh Industries or
any future subsidiary, any new owner of the landfill operations will be
required to obtain a special use permit in their name.
28.
Upon completion of the land filling operations, the applicant shall perform
closure operations consistent with regulations in effect at that time. Given
current regulations, the top layer of water shall be covered with an 18-inch
compacted soil line. A 40-mil Low-Density Polyethylene (LDPE)
membrane shall be placed on top of the compacted soil. A single sided
geonet/geotextile composite shall be placed on top of the LDPE
membrane. Then twenty-four inches of protective soil cover shall be
placed, with grasses planted on top. Similar coverings are placed on the
final slopes inside the facility.
29.
The applicant has submitted end use plans for the property as required by
the Kansas Department of Health and Environment. The plans shall be
approved by that agency. Two plans have been submitted. Both plans
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 23
indicate the construction of a golf course on the eastern portion of the
landfill site, as is the currently approved plan. One plan indicates the
provision of various outdoor active recreational opportunities such as
softball, soccer and football fields, and a skateboard park. The second
alternative is passive in nature and includes gardens, shelters and walking
trails. Given the time period for which the end use plan will be carried out,
the plan shall be reviewed by the City of Shawnee five years from the
beginning of closure activities to determine if either plan, or an alternate
proposal at that time is desired by the community. The end use plan also
indicates multi-family development at Johnson Drive and Barker Road,
and multi-family development further north on Barker Road. If Barker
Road is vacated in the future it makes the northern proposal unrealistic,
and any multi-family development would be considered at the time a
rezoning application was submitted. The applicant is responsible for
construction of the plan chosen. Additionally, the applicant shall submit
revised end use plans prior to any excavation activities commencing,
which indicate the development of the office park along I-435, as
previously approved by the City of Shawnee, and streets, which provide
access to the proposed used to be developed.
The issue at hand is not an easy one to consider. The effect of the location
of the landfill is a matter that will be dealt with for many years. Staff has
relied on the Johnson County Environmental Department and the Kansas
Department of Health and Environment, the United States Environmental
Protection Agency, as well as the professional engineers hired by Johnson
County Water District No. 1 to provide input on environmental matters.
The surrounding land use patterns to the west of the proposed expansion
area have been set with large recreational uses along the Mill Creek
floodplain.
The floodplain itself will limit future development
immediately west of this site. East of Woodland Drive between the
Kansas River and Shawnee Mission Parkway, little area exists for further
residential development. In fact, the location of the Burlington Northern
mainline may make the area less desirable for future residential
development directly east of Woodland, than the citing of the landfill.
Property to the north is located in the Kansas River floodplain, and the
location of the river makes this area unlikely for future development, even
with the improvement to Holliday Drive. To the east of the Johnson
County landfill site is I-435, which removes the potential for further
expansion in that direction. To the south is rugged property that will be
difficult to develop in a traditional manner. The extension of sewers will
be expensive. The newer homes constructed within one half mile are on
large lots, and utilize septic systems. It would not be unreasonable to see
continued development in that manner if multi-family and commercial
development were not to occur immediately south of Johnson Drive. This
area may hold some potential for development, since like to the west, the
areas prevailing winds during the warm seasons would tend to carry any
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 24
odor from landfill operations away from this area more often than not.
The general lack of sewers, and apparent lack of interest from owners in
this area to bring sewers to serve their properties further reduces
development potential. The submittal of this application has not resulted
in a ceasing of residential proposals in the areas west of the landfill site.
Since submission of this request, the preliminary development plan for
Lakepointe Seventh plat has been approved, the final plat for Lakepointe
Sixth plat has been accepted by the Governing Body, a preliminary plat
for a sixty-four lot single family residential subdivision adjacent to Sacred
Heart Church, and a preliminary plat for a 506 lot single family residential
subdivision at the southwest corner of Johnson Drive and Monticello road
have been submitted.
The length of time for this proposal to be completed will allow public
knowledge of what type of development will occur on the property. The
overall time frame to create a new landfill, or to expand an existing one, as
in this case, takes years to complete. However, the applicant has stated
their intent to begin removal of existing buildings soon after approval, and
to begin the construction of the berms shortly after demolition of the
structures. It is in the best interest of the community as a whole to
complete this process in a timely manner to allow development to
continue to occur whatever the outcome.
Undoubtedly, there will be further advances in technology as related to the
development and operation of sanitary landfills during the term of this
special use permit, or even prior to the first waste being placed in this cell.
The fact remains that even if a transfer station system of waste collection
were developed, the waste still is transported to a sanitary landfill site.
Johnson County produces a tremendous amount of waste that is not now
expected to be transported elsewhere. The site provides the opportunity to
continue to provide an efficient and reliable location for waste disposal
where such activity is being undertaken on an adjacent site. Other
currently operating landfills may not be able to handle the influx of waste
from Johnson County Landfill users, and such additional waste will
undoubtedly shorten the length of time before those landfills become full.
As noted in Black and Veatch’s report to the water district, the landfill’s
environmental setting regarding the underlying geology and hydrogeology
is well documented as suitable for this use. Johnson County should be
responsible for the landfilling of its wastes if such a location is available,
rather than transferring it to other locations outside the County, and then
letting others worry about the same environmental concerns we too are
concerned about. The conditions of approval, and statements made in the
review of this proposal reflect these beliefs, and require the applicant to
follow requirements and procedures in place at that time, if they have
changed, rather than using all requirements in place at the time of this
approval. This facility will be among the most regulated by various
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 25
bodies in the City. The environmental soundness of the proposal will also
be reviewed by the Johnson County Environmental Department, the
Kansas Department of Health and Environment as well as other agencies.
The special use permit for this area, if approved, will be reviewed on an
annual basis, at least until the placement of waste occurs, (and perhaps
annually after that if so desired by the Planning Commission and
Governing Body at that time), to review compliance with conditions of
approval and progress being made in completing the project.
RECOMMENDATION
Staff recommends approval of Z-9-01-08 from (AG) Agricultural and R-1 (Single
Family Residential); SUP-5-01-08 a special use permit to allow operation of a
sanitary landfill in the Planned Industrial zoning district; and SP-57-01-08 a site
plan for sanitary landfill development and an end use plan, subject to the
following conditions:
1.
Acceptable waste for disposal at this site consists of solid municipal waste,
industrial waste, construction and debris waste, brush and wood wastes,
and chipped or shredded tires, unless further restricted by the Kansas
Department of Health and Environment (KDHE). Wastes that are
unacceptable include regulated hazardous waste, polychlorinated biphenyl
waste, bold or non-containerized liquid waste, sewage sludge and dead
animals;
2.
The applicant shall consent to the annexation of the Johnson County
landfill property located in Shawnee Township and Monticello Township
and shall enter into a developer’s agreement regarding this annexation;
3.
The property covered under this rezoning and special use permit is limited
to this 178.3 acre tract generally located in the 4900-5600 blocks of
Locust, as described in a revised legal description;
4.
The special use permit is subject to the site plan for an expansion of a
sanitary landfill as presented in the application documents;
5.
This special use permit shall be for a period of twenty-five (25) years
commencing with the first lift of solid waste being placed within the area
covered by this special use permit;
6.
The top elevation of the berms constructed shall be at least 950 feet above
sea level, and the final elevation after closure shall be no higher than 993
feet above sea level as indicated on the submitted documents, with this
height being at the eastern edge of the property included in this special use
permit;
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 26
7.
The trees along the western ridgeline shall remain and treed areas along
the north side shall remain and shall be indicated on a landscape plan to be
approved by the Planning Commission. The landscape plan shall include
plantings of oak, ash, pines and other native species found in the adjacent
forested areas, as well as plantings of native grasses and wildflowers on
the berms to be constructed. The landscape plan shall be approved by the
Planning Commission prior to construction of any berms, and shall be
planted as the berms are completed which shall be prior to any waste
being installed in the cells created under this special use permit;
8.
The applicant shall provide 24-hour security patrol around the perimeter of
the site, as well as inside the landfill. Additionally, the applicant shall
provide personnel to monitor and pick up debris, which may blow out of
the landfill site off the property, as well as onto the berm;
9.
The applicant shall request the Governing Body vacate Locust), as well as
the Town of Holliday (Waseca) and Cole’s Addition, within 90 days of
annexation of the property by the City of Shawnee, prior to any landfilling
or grading being undertaken on the site. The plat shall contain right-ofway for a cud-de-sac at the new northern end of Locust;
10.
The applicant shall provide temporary and permanent fencing during all
landfilling activities on all streets adjacent to the landfill. The temporary
litter fence shall be constructed along the exterior perimeter of the special
use permit area to match such fencing which may have been previously
installed;
11.
The applicant shall obtain all required blasting and excavation permits as
required by the City of Shawnee;
12.
The applicant shall extend the methane gas collection system into this area
of the landfill. In the event the Kansas Department of Health and
Environment or Federal Environmental Protection Agencies require
different odor control mechanisms to be installed due to improvements of
technology, those systems shall be installed;
13.
The applicant shall construct the base and sidewalls of the collections cells
as outlined in the staff report and shown on the submitted plans unless
changes are made in the regulations or approved by the Kansas
Department of Health and Environment prior to completion of the
sidewalls;
14.
The leachate collection system and monitoring wells shall be installed as
approved by the Kansas Department of Health and Environment (KDHE).
The applicant shall ensure funds are available to the State to monitor the
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 27
site by making payments into the State Trust Fund, or other mechanism as
determined by the Kansas Department of Health and Environment. The
present groundwater, leachate and French drain sampling program shall be
maintained and comply with all groundwater monitoring programs, as
required by the rules and regulations applicable under Kansas Solid Waste
Act, KSA 65-3401 et seq. Such testing shall be conducted on no less than
a semi-annual basis through post-closure period, unless a more frequent
sampling and monitoring;
15.
On-site stormwater collection systems shall be constructed and approved
by the Kansas Department of Health and Environment;
16.
On-site grading and erosion control measures inside the facility shall be
constructed and approved by the Kansas Department of Health and
Environment, and those measures outside the facility shall be constructed
and approved by the City of Shawnee;
17.
The applicant shall remove Locust north of the proposed turnaround (north
of the Jackson property), in accordance with the developer’s agreement
approved by the Governing Body. The applicant shall also remove the
curb return at Holliday Drive and new curbs placed along the street when
Locust is no longer used. The applicant shall dedicate right-of-way and
make improvements to the Locust turnaround prior to removal of Locust;
18.
The applicant shall petition for a benefit district for the improvement
Holliday Drive to minor arterial standards as well as associated
stormwater drainage systems as outlined in the staff report or to such
standards as may be modified by the Governing Body for minor arterial
streets prior to its construction. The timing for these improvements shall
be outlined in the developer’s agreement approved by the Governing
Body;
19.
The applicant shall submit to the Planning Department copies of all
approvals and correspondence with the County or State regarding
operation of the sanitary landfill within the corporate limits of the City of
Shawnee, as well as any other correspondence regarding deficiencies
noted at the site. The applicant shall submit copies of water quality
monitoring reports to the City as well as Johnson County Water District
No. 1. As well, Johnson County Environmental Department shall send
any of their reports directly to the District;
20.
The applicant and the Johnson County Environmental Department shall
immediately notify the City and Johnson County Water District No. 1
directly of operating problems which may occur at the landfill that could
affect groundwater or surface water quality;
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 28
21.
The applicant is responsible for obtaining permits required by the Kansas
Division of Water Resources as outlined in the staff report. A copy of all
applications and approved permits, or letters of release shall be submitted
to the Engineering Division prior to issuance of any grading permits under
the City’s jurisdiction;
22.
The applicant is responsible for obtaining such permits as may be required
by the Army Corps of Engineers for activities covered by Sections 402
and 404 of the Clean Water Act as outlined in the staff report;
23.
The applicant shall file copies of reports filed in regard to wetland
determinations submitted to the Corps of Engineers. The finding of the
Corps shall be filed with the City, and any requirements of the Corps
regarding individual permits or mitigation measures shall be completed
with documentation from the Corps that such actions have been
satisfactorily completed;
24.
The applicant shall obtain an Environmental Protection Agency National
Pollutant Discharge Elimination System permit from the Kansas
Department of Health. A copy of the application shall be filed with the
Engineering Division prior to issuance of a grading permit. The permit
shall be filed with the Engineering Division upon approval;
25.
All conditions of approval shall apply to the current and any future
subsidiary of Deffenbaugh Industries. Any other owner of the property
shall request a special use permit to continue operations of the Johnson
County Landfill;
26.
Given the length of time prior to actual placement of waste the applicant
shall comply with any new regulations promulgated by the Environmental
Protection Agency, Kansas Department of Health and Environment, and
Johnson County, which may apply during the lifetime of the landfill;
27.
Roads within the landfill shall be constructed in such a manner to provide
dust-free surfaces;
28.
The entrance to the landfill area for truck and vehicular traffic shall be
from Holliday Drive, and the entrance from 53rd Street shall be used by
employees or office deliveries and shall be closed to container trucks and
public traffic. A temporary construction entrance may be placed at the
north end of Locust for construction equipment only to construct the berm
and items connected with the collection cells, as well as access to the
asphalt plant, gravel extraction areas, and ready-mix plants inside the
facility;
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 29
29.
The applicant shall complete closure of the site as indicated on one of the
two closure plans submitted by the applicant, and approved by the Kansas
Department of Health and Environment. The closure plans shall include a
golf course as well as a variety of other recreational activities. Given the
length of time prior to closure of the landfill, the applicant shall resubmit
the end use plan for review by the Planning Commission and Governing
Body to determine if the recreational uses should be changed to reflect
current needs of the City, or to select one of the two plans for closure. The
applicant shall provide revised closure plans indicating the items noted in
the staff report prior to any clearance or other activity on the site;
30.
The applicant shall provide closure activities including monitoring
stations, covering the last waste deposited as indicated in the staff report
and planting natural ground cover as areas being land filled are completed,
through the year 2067 unless otherwise determined by the Kansas
Department of Health & Environment (KDHE). All post-closure
monitoring data shall be made available by the applicant to Water District
No. 1 of Johnson County, Kansas. If at any time during the post-closure
monitoring period, the contaminant levels of any measured contaminant
level (MCL), as established by KDHE, the post closure monitoring period
shall be extended until the contaminant no longer exceeds the MCL, for a
period of not less than two years;
31.
The applicant shall continue to pay to the City, or on behalf of the City,
the costs not to exceed $10,000 in any one calendar year, which
commenced in 1996, for an inspection of the landfill operation, and report
thereon to the City, made by independent engineers or consultants having
expertise in landfill operations or solid waste disposal who is selected by
the City when requested by the Governing Body for operations being
undertaken in the City. The applicant agrees to cooperate with, and make
available to such engineers or consultants, plans and records to facilitate
the inspection and report. Said inspection and report shall include, but not
limited to, determination of whether the landfill is being operated in
compliance with all conditions of approval and with all Federal, State and
local laws, rules and regulations and whether the landfill is, in its
operation, utilizing the latest technology available in an environmentally
safe manner: and
32.
This special use permit shall be reviewed annually solely to review
progress made in preparing this area for landfill operations as well as to
review compliance with the conditions of approval until the berms are
constructed, and then reviewed periodically as may be determined by the
Planning Commission and Governing Body.
Representing the applicant was Brian Doerr, Attorney, Duggan, Shadwick &
Doerr, 11040 Oakmont, Overland Park. He stated that he would like to thank
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 30
City Staff for its patience and assistance. He noted that they are dealing with
several complex issues, and City Staff, as been both understanding and willing to
provide constructive ideas to insure fair consideration of this application. He
stated that they appreciate the hard work and concur with the staff report and that
Deffenbaugh agrees to completely satisfy all recommendations and conditions.
Brian Doerr stated that there has been a good deal of publicity about the
proposals, some of which have been inaccurate and that they understand even
those with the best intentions may fall victim to misinformation and tonight they
will provide factual and supportable information to assist the Planning
Commission in their decision process. He stated that they ask that the information
be given fair consideration both by the Planning Commission as well as the
audience.
Brian Doerr introduced other individuals of their team, Randy Alewine,
Engineer, Deffenbaugh Industries, Tom Coffman, Director of Public Relations,
Deffenbaugh Industries, Floyd Cotter, Solid Waste Management Engineer, Burns
and McDonnell, Bill Shefcik, Hydro-Geologist, Burns and McDonnell, Robert
Meskee, Solid Waste Management Engineer, IT Group, Warren Brady, HydroGeo
Chemist, IT Group, Ginny Moore, Environmental Lawyer, Lathrop & Gage,
Mitch Lambeth, Engineer, Campbell, Barber & Lambeth, David Dressler,
Director of Dressler Consultant Engineers, Pete Heaven, Attorney, Holbrook,
Heaven & Osborn and John Peterson, Attorney, Polsinelli & White.
Brian Doerr presented a video of the Deffenbaugh landfill activities.
Brian Doerr stated that as reflected in the staff report, Deffenbaugh is seeking
rezoning of a portion of ground and a special use permit for the continuation of
the current landfill and eventually the annexation of the property presently located
within the County. He stated that the boundaries would be Johnson Drive,
Holliday Drive, I-435 and Barker Road. He stated that the entrance would be at
Holliday Drive and I-435. He stated that the Doepke site is near the entrance,
with Mid-America Complex, Mill Creek and the Sewage Treatment Plant to the
west of the site. He stated that in connection with the proposed expansion new
berms would be constructed. They would be earthen berms like the other berms,
which would be on the west and north sides of the site. The berms would be
revegetated to compliment the City landscaping schemes. In connection with the
construction of the berms the site lines would be improved, the surrounding
properties would not be able to look into the landfill. He presented a depiction of
site views from several different angles. He noted that the visual aesthetics would
be improved especially along 47th Street. He noted that construction would
continue to be in accordance with Federal, State and Local requirements,
particularly Subtitle D. He indicated that the landfill would have impermeable
liners, compacted sub-bases with a drainage collection and disposal system. It
would have stormwater runoff controls and ground water monitoring systems. He
noted that the landfill would continue to meet or exceed all requirements for
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 31
operations including but not limited to, the use of daily cover of waste, controlling
gases, restricting access, managing surface water runoff, and controlling air
emissions. He stated that Deffenbaugh operates presently under stringent Federal,
State and Local requirements and compliance would continue to insure protection
of air, surface water and ground water.
Brian Doerr stated the impact on the long-range development plan for the City of
Shawnee, as stated in the staff report, the Land Use Guide and the Comprehensive
Plan indicates low-density residential uses for the area. He noted that in this case
the guide merely indicates the existing uses on the properties, it does not reflect
what would be expected to occur if the property were to be developed. The area
that lies immediately adjacent to the landfill operations does not appear to be
desirable for development as reflected by the deterioration of the town of
Holliday.
Brian Doerr noted that with regard to the impact on traffic, there would not be a
significant increase to the transportation arteries that would occur. The
intersection of I-435 and Holliday Drive would continue to be sufficient to handle
the anticipated load of traffic utilized by the landfill. He stated that Deffenbaugh
has agreed to make improvements to Holliday Drive, from the Holliday entrance
to Locust as was referenced in the staff report. He noted that providing a sanitary
waste landfill to the community is important. He stated that the proposed
expansion allows for the continued disposal of municipal waste in an economical
fashion. He stated that without a local landfill the community would have to
transfer its waste to an out of town landfill at a considerable cost due to increases
in transportation costs.
Brian Doerr stated that the noise levels would be continue to be effectively
controlled with the use of the perimeter berm. All of the equipment that is
currently being used in the landfill operation complies with all construction
industry noise standards imposed by Federal, State and Local laws and
regulations.
Brian Doerr stated that with regard to odor, daily cover of waste is provided with
soil and shale, exceeding the minimum requirements of Subtitle D. The minimum
requirement is six (6) inches. Deffenbaugh customarily puts eight (8) to twelve
(12) inches of shale to control odors and wind blown material. He stated that only
a small area is exposed at any one time. He indicated that a methane gas system
was installed in 1998. He stated that this system, collects, treats and transports
methane gas via pipelines for commercial and residential use. The system
reduces potential odors and provides a recycled green energy source for consumer
use. Since its installation in 1998 and through the filing of the applicable
application on July 5, 2001, it was his understanding that there had been no odor
complaints. He noted that the staff reports reflect that there was one (1) in July of
2000. He indicated as the gas collection system grows, its benefits would
continue to be enhanced.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 32
Brian Doerr stated that the type of waste that is permitted in the landfill includes,
household waste, construction waste, brush and wood and chipped or shredded
tires. He noted that regulated hazardous waste, radioactive waste, bulk liquid
waste, dead animals and PCB’s are strictly prohibited.
Brian Doerr stated that rock excavation would continue to occur to enable
construction of the perimeter berm and proposed lateral expansion of the landfill.
Deffenbaugh has previously conducted controlled blasting in the area and will
continue to impose higher standards that are legally required in the areas of the
proposed expansion. Deffenbaugh will continue to conduct daily seismographic
monitoring to detect levels of vibration and prevent damage to surrounding
properties and development.
Brian Doerr stated that as the staff report reflected, there are two proposed end
use plans. One is an eighteen-hole golf course, walking trails, soccer fields and
ball fields. He stated that these would compliment the needs of the City and
provide an open recreational area for the City that would tie in with existing
recreational areas.
Brian Doerr stated that a question is why now? He stated that although the
existing operation at current level may last an additional twenty years the time is
now to address the expansion. He stated that the time it takes to go through the
KDHE permitting process and prepare the site for the use is lengthy. He stated
that for instance the cell constructed in connection with the approved expansion in
1994 is not expected to receive solid waste until the Spring of 2002. He stated
that the Solid Waste Management Committee of the Johnson County
Environmental Department recently approved their solid waste management plan,
which was a five (5) year review and update. The plan provides that the planning
horizon by State Statue is a minimum of ten years but the County’s plan uses a
twenty-year horizon. In other words if the capacity for solid waste in the County
dips below twenty years the Solid Waste Management Committee will need to
begin seeking an alternative for solid waste disposal. He stated that the Solid
Waste Management Committee supports the concept of the expansion of the
Johnson County Landfill.
Brian Doerr stated that the landfill does not have an adverse impact on land
values. He said that as noted in the staff report there has been considerable
residential development in areas near the landfill with strong resale. He noted that
Bernie Shaner, who is a well know local appraiser, studied land values in the
County over the last five (5) years for Deffenbaugh Industries. He indicated that
the reports reflects that the increases in values of raw land, developed lots and
household resale in the City of Shawnee have all been equal to or greater than
those in other communities in Johnson County.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 33
Brian Doerr stated that pursuant to a proposed development agreement, which
would be a condition of the annexation, Deffenbaugh Industries have agreed to
pay the City of Shawnee an impact fee based on the number of acres of land,
including the landfill. A portion of the impact fee pertains to the past use of the
existing landfill and future payments would be made based on the proposed
landfill. He stated that the purpose of the impact fee is to both reimburse the City
of Shawnee for its services rendered and to provide for infrastructure
maintenance. He stated that the initial impact fee would be $1,000,000 to be paid
in the first year, during the next two to six years the impact fee would be
$250,000 per year. The seventh year impact fee would be $275,000 per year and
the eighth year impact fee would be $300,000. The ninth year and each year
thereafter there would be a three percent increase from the preceding year.
Brian Doerr stated that they feel the need to address certain misinformation that
has been published recently on environmental matters. He stated that there are
rumors that Deffenbaugh Industries paid an $11,000,000 fine and was shut down
by the EPA. He noted that these rumors are false, no such fine was ever levied
against Deffenbaugh Industries and the landfill operation has never been shut
down by the EPA or any other Governmental Body. He stated that in connection
with what is known as the Doepke site, which was pointed out earlier,
Deffenbaugh Industries was only named in the Superfund action because at the
time of the action they were the record title owner. He stated that in order to
provide a more favorable access to the existing landfill, as requested by the City
of Shawnee, Deffenbaugh Industries agreed to acquire the Doepke site. At the
time of the acquisition the site was not a Superfund site. Deffenbaugh Industries
was only required to be a part of the action because they were the owner of the
property. Deffenbaugh was never an operator or a generator of the Doepke site.
The only payment Deffenbaugh Industries paid was for the reimbursement of the
EPA review of certain studies. The total of all Deffenbaugh Industries payments
did not exceed $265,000. He stated that as many as sixty-six prominent
companies, three municipalities and two Federal agencies were named generator
defendants and eventually contributed to the overall Superfund settlement. He
stated that the matter is now closed.
Brian Doerr stated that the mere location of the landfill within the city limits of
the City of Shawnee does not expose the City to environmental liability. He
noted that the law firm of Lathrop and Gage has issued an opinion letter to this
effect.
Brian Doerr stated that one final matter of environmental note is the reported
impact of the landfill on the local water source. The recent impact study prepared
by Black and Veatch for Water District #1 and comprehensively discussed in the
staff report clearly reports that even in its worst-case scenario, with the most
conservative assumptions, direct discharge of landfill drainage into the Kansas
River would only have a negligible impact on the water intake system. He stated
that as has been previously reported a Pre-Subtitle D landfill cell located in the
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 34
northwest corner of the existing landfill has impacted the ground water. There is
no health or environmental risk as a result of the impacted ground water. Four
separate risk assessments completed for the Johnson County Landfill have been
prepared since 1993 and have been reviewed by the engineering firm of Burns
and McDonnell and they support this. In addition a comprehensive report
prepared by the solid waste division of the IT group also supports this conclusion.
He stated that the extensive monitoring system in and around the landfill
continues to collect data. It is believed that the impact is a result of normal
biodegradation of the existing solid waste. Through natural attenuation it is also
believed that the impact on the ground water will eventually no longer exist.
Several important items of note is that the landfill in question was built prior to
Subtitle D and does not have the sophisticated liner system now required by
Subtitle D. In addition if the expansion of the landfill is approved there will be
some overlap of landfill cells with such that the new expanded Subtitle D landfill
would improve the existing situation.
Brian Doerr noted that Deffenbaugh Industries has been and will continue to be a
good corporate citizen of the City of Shawnee. He stated that in conclusion he
would like to remark that although the existence of a landfill in the community is
an emotional issue, they believe that the proposed expansion significantly benefits
the City and is a logical choice. He stated that the impact of the expansion on the
community is minimal, traffic patterns will not change, property values near the
site would not be adversely impacted, site lines to the landfill will be improved,
the town of Holliday would be addressed, and Holliday Drive would be improved.
He noted that the community would have economical waste disposal for the next
forty years.
Brian Doerr stated that the applicant respectfully request that the Planning
Commission approve the rezoning request as set forth in the application.
QUESTIONS FOR THE APPLICANT
Commissioner Gentry stated that he noticed on the video that they indicated that
the City of Shawnee should be aware that they need to continue to look for
affordable waste alternatives and that this would meet the bill. He asked what
percent of the waste deposited in the Johnson County Landfill comes from the
City of Shawnee.
Brian Doerr answered that they did not know the answer to that question. They
do not have any way of knowing the answer to any of the percentages.
Commissioner Gentry asked if anyone would have the percentages.
Brian Doerr stated that he was told that the way that the trash comes in to the
landfill there is not a way to determine exactly where it came from.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 35
Commissioner Gentry asked if waste from the City of Overland Park is deposited
in the landfill.
Brian Doerr answered that the Johnson County Landfill is a regional landfill.
Commissioner Gentry asked what the revenues are associated with Deffenbaugh
Industries operations per year.
Brian Doerr stated that he had no idea.
Commissioner Gentry asked Mr. Doerr, to his knowledge, has Deffenbaugh
Industries ever had to file a financial statement with the City of Shawnee, in
conjunction with this application.
Brian Doerr stated that he did not know, however he was told that they have not.
Commissioner Pflumm asked in regard to the proposed end use of the site after
the disposal of trash is taken care of in twenty or forty years. What agreement or
assurances does the City and the Citizens, have with regard to improvements,
whether it is golf course or a park. He asked if there is an escrow agreement,
funds set aside or a letter of credit.
Brian Doerr stated that there are not any of those financial assurances in place as
stated, however it is a condition of the special use permit and the rezoning
approval.
Commissioner Pflumm asked if there were a transfer of ownership down the road,
is there some kind of monetary or contractual agreement to allow for the landfill
to be turned into a public use area in the future.
Brian Doerr asked if Commissioner Pflumm was asking if there is a fund set
aside or a financial resource to make sure that it happens down the road.
Commissioner Pflumm answered yes.
Brian Doerr answered not that he was aware of. He noted that the closure
requirements of the KDHE requires that a bond be placed to insure the
compliance with the landfill and any potential contamination and that type of
thing. But as far as the end use plan, that is left up to Deffenbaugh and the City to
agree on what it is going to be. He stated that it was agreed that five (5) years
before the end use would occur, Deffenbaugh and the City would meet and
determine what would be the best use for the area.
Commissioner Wysocki asked Mr. Doerr to explain the reason for the withdrawal
of the special use permit on the east side of the landfill as well as the deep well.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 36
Brian Doerr stated that apparently there was a question of having three different
tracts on one application. Instead of trying to defend that from a legal standpoint
Deffenbaugh chose to withdraw those two so there would be just one application.
Commissioner Wysocki asked if there would likely be a future application if this
proposal is approved.
Brian Doerr answered that he would assume so.
Commissioner Bedora stated that taking an example from the standpoint of
financial conditions of a company, at this point in time certainly are healthy and
capable of withstanding several situations. What if for what ever reason
something would happen that would create a financial disaster for the
organization, what plans are in place to secure the ability of the current owner or
the ensuing owners to do what they need to do.
Randy Alewine Environmental Engineer, Deffenbaugh Industries, answered that
he would reiterate that the Company has in place approximately $9,000,000 in
closure and post closure bond. In the event for what ever reason that the company
would have to go out of business next week or next year, there is a bond
established so all of the closure costs necessary to close any active portions of the
landfill, as well as post closure care, which would cover thirty years of post
closure care, as required by the KDHE.
Commissioner Tubbesing stated that number four of the report from Johnson
County Water District #1 indicates that the operator shall conduct any postclosure monitoring plants through 2067 unless otherwise determined by the
KDHE.
Randy Alewine stated it is his understanding that particular agreement has just
been recently negotiated and if indeed the expansion is approved, Deffenbaugh
would be required regardless of when the landfill were closed to have post closure
care through 2067.
Commissioner Tubbesing asked if the Company is willing to increase the time of
the bond.
Randy Alewine answered that is correct.
Commissioner Wysocki asked regarding the contamination or leakage that
currently exists, what period of time is the contamination at the highest risk and
how does that dissipate over time.
Bill Shefcik, Hydro-Geologist, Burns and McDonnell Engineering Company,
9400 Ward Parkway, Kansas City, Missouri, stated that the time for it to dissipate
is a lengthy time, because the ground water moves very slowly and the microbes
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 37
that are breaking down, the contaminants operate very slowly. He indicated that
it would be quite a long time, which is why KDHE requires ground water
monitoring for a very long term. He stated that it is safe to say that it would be a
number of years.
Commissioner Wysocki asked at what point is the highest risk of contamination.
Bill Shefcik answered that it is his view that the period of greatest risk has
already passed. Because the organic chemicals that got into the ground water
were from an old landfill cell. Those chemicals have migrated with the ground
water outside the collection system of the landfill. They are naturally breaking
down in the ground and will take a long time to break down. The engineered
controls of the new type of landfill Subtitle D, multiple liners, and leachate
collection, contain the leachate within the landfill. If there was a leak in the liner
or releases beyond that, that is what the ground water monitoring system is for, to
detect those. He stated that he did not feel there would be a greater risk any time
in the future because of more waste going into the landfill. He noted that if there
is a risk of leakage, it is detected in the monitoring wells. He noted at that point
corrective action would be taken if needed. He stated that there would come a
point in time when leachate is no longer forming because the entire landfill would
be capped, at that point the risk would go away, which is many decades in the
future.
Commissioner Wysocki asked if there was a breach in the liner what kind of
corrective action would be taken.
Bill Shefcik answered that a good example would be the French drain that was
installed for the release at the northeast corner of the landfill site. A trench was
excavated into the bedrock to collect the seepage that comes out of the rocks and
the soil that has the chemicals from the leachate in it, which is pumped out and
handled just like leachate. He stated that an example of other things that can be
done is a dissolve plume in the sand and gravel of the river valley, which can also
be pumped out with a pump and treated.
Commissioner Tubbesing asked why the second deep well was removed from the
application.
Brian Doerr answered that removal of the parts from the application was merely
to avoid the concept that there were three parts to one application.
Commissioner Tubbesing asked if there was a need for a second deep well.
Randy Alewine answered that there will only be one deep well, if they elect to
construct a new deep well, it would be to replace the one that currently exists. He
stated that as they review the master plan of the landfill, they want to efficiently
utilize the air space that is available. One of the options that they have looked at
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 38
is closing the existing deep well so that they can use that air space for landfill
capacity. In the event that they do that, they would construct a new deep well to
replace the current deep well.
Commissioner Wysocki asked how the capacity is determined for a deep well.
Bill Shefcik stated that it is done by standard hydro-geologic testing. The first
step would be to research the regional geology and knowing which rock layers
have enough pore space to accept the fluid. At that time a well would be drilled
and a test is ran of either putting water in or pulling water out to see what rate it
can be taken in or taken out. He stated that the arbuckle formation that the current
well ejects to and where any replacement well that would most certainly almost
go is sandstone, a former ocean floor deposit made of sand, which was formerly a
delta beach type sand that settled out of the ocean floor well before the dinosaur
age. There is porous space between the sand grains and that is the porous space
that accepts the fluids injected from above. He stated that it is a surprising small
area that would be receiving the water, the arbuckle is 500 feet thick and very
high porosity, a lot of pore space between the grains such that the fluid after even
after 50 years is going to be several hundred feet away from the well. He noted
that it does not move very far and displaces ground water out in the formation for
several hundred feet, which is a very small area. He stated that it is displacing salt
water, which is basically former seawater that is very high in saline and not
useable.
COMMENTS FROM THE AUDIENCE
Don Durham, 4621 Millbrook Court, spoke to the Planning Commission and
presented his testimony, attached hereto, marked Exhibit A, and made an integral
part of these minutes.
Commissioner Jenkins stated that the Planning Commission is not discussing the
annexation and would like to ask that any comments about the annexation be left
out of the discussion of this meeting. He noted that those comments should be
directed to the City Council at a future date.
Jim Hayes, 19100 W. 59th Street, stated that he lives directly south of the landfill
and has lived there for twenty years. He indicated that he was concerned with the
odor, noise, blasting and trash blowing out of the landfill. He stated that the smell
would cause problems at the ball fields near Mill Creek Streamway, because they
will smell the odor.
Lela Jackson, 5720 Locust, spoke to the Planning Commission and presented her
testimony, attached hereto, marked Exhibit B, and made an integral part of these
minutes.
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Joe Van Walleghem, 7119 Millridge, stated that he has lived in Shawnee for 48
years. He stated that he was asked to joined opposition to the first dump project
in 1983 and declined at that time. He indicated that he was concerned with the
site lines and thought the site line diagrams were misleading. He stated that he
lives at 7119 Millridge, approximately three miles from the area. He stated that
he could see the downtown Kansas City skyline from his neighborhood. He
stated that he would be looking directly into the dump from his neighborhood, and
everyone in Western Shawnee on Johnson Drive and Shawnee Mission Parkway
would have a prime view of the Deffenbaugh Disposal facility. He stated that he
does not have a problem with Deffenbaugh and feels that they give fine service
but this proposal is going way to far.
Carry Sudduth, 5708 Locust, spoke to the Planning Commission and presented
his testimony, attached hereto, marked Exhibit C, and made an integral part of
these minutes.
Michelle Gillespie, 5001 Millridge, spoke to the Planning Commission and
presented his testimony, attached hereto, marked Exhibit D, and made an integral
part of these minutes.
Tamara Mikinski, Research Concepts, 5420 Martindale, stated that she and her
husband are concerned with odor from the landfill, as well as diminished property
values, and the recreational facilities along Mill Creek.
Don Weis, 4816 Marion, spoke to the Planning Commission and presented his
testimony, attached hereto, marked Exhibit E, and made an integral part of these
minutes.
Christy Sauer, 20718 W. 58th Terrace, spoke to the Planning Commission and
presented her testimony, attached hereto, marked Exhibit F, and made an integral
part of these minutes.
Max DaMetz, 6300 Crestview, spoke to the Planning Commission and presented
his testimony, attached hereto, marked Exhibit G, and made an integral part of
these minutes.
Karla Ezell, 18615 W. 64th Terrace, spoke to the Planning Commission and
presented her testimony, attached hereto, marked Exhibit H, and made an integral
part of these minutes.
Andy Gharavi, 17617 W. 70th Street, spoke to the Planning Commission and
presented his testimony, attached hereto, marked Exhibit I, and made an integral
part of these minutes.
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Jeryn Hall Miller, 6413 Gladstone Drive, spoke to the Planning Commission and
presented her testimony, attached hereto, marked Exhibit J, and made an integral
part of these minutes.
Berna Bourgoin, 21003 W. 56th Street, spoke to the Planning Commission and
presented her testimony, attached hereto, marked Exhibit K, and made an integral
part of these minutes.
Nanette Joiner, 4821 Lake Crest Drive, spoke to the Planning Commission and
presented her testimony, attached hereto, marked Exhibit L, and made an integral
part of these minutes.
Charles Benjamin, Attorney, P.O. Box 1642, Lawrence, Kansas, spoke to the
Planning Commission and presented his testimony, attached hereto, marked
Exhibit M, and made an integral part of these minutes.
Brian Doerr stated that he appreciated the concerns of the citizens and would like
to address some misinformation about some of the issues that have been raised.
He stated that he would like address the impact on land values. He noted that
they have presented a report to City Staff that clearly indicates that land values in
comparison to other properties in Johnson County have not been negatively
impacted by the landfill.
Brian Doerr stated that another item that he would like to discuss is the concept
of the expansion of the landfill. He stated that this is not a new landfill and it
should not be a surprise to anybody that it is there. He indicated that they would
like for it to expand and that the expansion would be logical, because of
topography of the property and the public infrastructure that is there. He
indicated that the land that is in question for the expansion is not being developed
by anyone, it has a tough terrain, sewers are not there and it is next to the existing
landfill. He stated that he would like to emphasize that the buffer will only get
better. The buffer would not be diminished by the expansion. He noted that there
have been several comments from people who live to the west of the landfill with
regard to site lines. He noted that is where the site lines are going to be improved
the most.
Brian Doerr stated that transfer stations have been discussed several times. He
noted that there would be increased costs with transfer stations, which would be
passed on to the consumers. Traffic would increase, eighteen-wheeler trucks
would be used to haul trash on the highways.
Brian Doerr stated that Mr. Durham had indicated that the Hamm Quarry could
be an option. He noted that the Hamm Quarry is not a Subtitle D landfill. The
Hamm Quarry has a clay liner, not the multiple liners that are required in a
Subtitle D landfill. He stated that if residents are worried about the environment
the Hamm Quarry is not subject to Subtitle D.
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Brian Doerr stated that litter, odor and noise have continued to be raised. He
noted that Deffenbaugh continues to be covered by stringent standards by KDHE
and EPA. They are required to have litter fences and they patrol the area. He
indicated that residents should be mindful of other sources of odor in the area.
Ginny Moore, Lathrop and Gage, 2345 Grand, Kansas City, Missouri, stated that
at the request of their client, Deffenbaugh Industries, Lathrop and Gage has done
some legal research into the issue of whether the City of Shawnee would take on
additional liability if this expansion proposal is granted by the City and if the City
does pursue annexation of a portion of the Deffenbaugh property. She stated that
their research indicated that based on the proposals that are in front of the City
right now, there is no liability that the City would take on as a result of the actions
that the Planning Commission is considering at this meeting and that the City
Council would be considering at a later date. She stated that a copy of that
opinion has been provided to the City Attorney.
Commissioner Gentry stated that it seemed to him that under some of the
Superfund legislation that came down and some of the liability provisions therein,
that if as a titleholder to property no other responsible parties could be found. In
other words there would be no other place in which to place “blame” if the
Federal Government had to come in and do a clean up later. He asked if there
were no other “responsible” parties either identifiable or around at the time that
such cleanup might be necessary, that they are saying that the City of Shawnee
would not have any liability responsibility.
Ginny Moore stated that an entity that owns property is liable under the
Superfund law, however what the City of Shawnee is being asked to do is annex
land, which is an entirely different concept than purchasing a piece of property.
Commissioner Gentry stated that the clarification that he needs is when the
property reverts to whatever end use it may take on in the future, at that point
what would be the status of the property.
Ginny Moore stated that the issue would rest on the actual owner of the property
at that time.
Commissioner Gentry asked if it were to be determined that the City of Shawnee
owns the golf course thirty or fifty years from now the City could potently incur
liability from past leakage at the site.
Ginny Moore stated that it is true under the current Superfund Law that someone
who owns a piece of property can be held responsible if there has been
contamination placed on that property. There are many limiting factors that the
EPA and regulating agencies are now looking at.
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Commissioner Gentry asked what is the current state of the Superfund Law.
Ginny Moore answered that the current state of the Superfund Law does hold an
owner of a property that has contamination on it technically responsible.
Commissioner Gentry asked if that was whether or not the ultimate owner put the
contamination there or not.
Ginny Moore answered yes, however annexation is a different issue.
Commissioner Gentry asked what would the ultimate status of the land once it
became a golf course or park.
Planning Director Chaffee answered that is why it is addressed in the staff report
that five (5) years prior to final closure, the applicant developing the site and the
City would review who would become the owner. He indicated that not knowing
what the regulations might be in thirty or thirty-five years the City may not want
to be the owner of the property. It may be a City park on land that someone else
has developed similar to the John Lynch Park. He noted that the City does not
own the land but it was developed with public tennis courts.
Ginny Moore stated that she would like to make one final point. She indicated
that it appears that it is being assumed that the site would be considered a
Superfund site at some time in the future, which is an assumption that is not
justified under the current operation of the property and the current state of
environmental law. She stated that it is important to keep that in mind.
Commissioner Gentry stated that there is already a Superfund site contiguous to
this site and that is why he asked the question.
Ginny Moore stated that it what is known as a closed site under the Superfund
Law at this time. In other words it has already been taken care of and technically
taken off the Superfund list.
Commissioner Gentry asked if the reason it is off the list was because the site has
been cleaned up.
Ginny Moore answered yes, the Doepke site has been cleaned up and the parties
that were responsible for it have done what they need to do.
Bill Shefcik stated that there were comments made about the Black and Veatch
report and the short falls in that report about just looking at selected data or
individual elements of data even though there was more data available. He noted
that at the Water Board meeting this afternoon the representative from Black and
Veatch stated that they did look at a limited amount of data. He stated that the
representative from Black and Veatch stated that they looked at “the worst of the
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
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worst of the worst.” Black and Veatch chose the data to make a conservative
assessment of the likelihood of impact on Water District #1. The conclusion was
that there was no impact. He stated that this raises a point to him, which is that
the items that were listed about one contaminant out nine was evaluated, in his
opinion as a Hydro-geologist those are little details in the overwhelming
conservative approach that Black and Veatch took. In other words in the Black
and Veatch study they stated that they did not consider biodegradation of those
contaminants, most of those organic chemicals are the result of degradation of
contaminants. He noted that Black and Veatch stated that they did not look into
the impact of treatment by the treatment plant, they stacked one conservative
element onto another, took the worst case data and could still conclude that there
was no impact. He stated that there are little details that could be argued about for
a long time but they overwhelmingly stacked the deck to try to show that whether
or not there was an impact and that they were not able to show any.
Commissioner Gentry asked why in their conservative estimate they did not
include any of the potential contaminates from the other sites, which he
understands is not affiliated with the current element, but wondered why those
elements were not included into their calculations.
Bill Shefcik answered that Black and Veatch stated that in order to look at
problems from other sites or problems from the sewage plant, to do a risk
assessment for the water intake they would have to look at all those, which was
outside of their scope. Their job was to evaluate the impact of the landfill. He
stated that from his perspective they addressed potential from other sites by
making their study so overwhelmingly conservative.
Brian Doerr stated that the burning that people see is the methane gas being
burned off, which is going to be on line. Once it goes on line it will no longer be
burned off at the landfill.
Brian Doerr stated that in summation he would like to address Mr. Benjamin’s
interpretation of the Golden Factors. He noted that the existing character of the
immediate area is landfill to the east, natural buffer of Johnson Drive on the south,
Railroad tracts and the Kansas River on the north, and the undeveloped land and
the City of Holliday on the west. He stated that the expansion of the landfill
would improve character of the area in the long run, with the demolition of the
City of Holliday and the execution of the end use plan. He stated with the
existing landfill adjacent to the area of expansion the rezoning request is
consistent with existing zoning uses. The property subject to the expansion is
more suitable for the landfill operation because of the surrounding topography
and hurtles to other development coupled with the existence of the present landfill
operations. The evidence presented this evening demonstrates the expansion will
have no adverse impact on the surrounding area and property values. The
property subject to the expansion has shown little propensity for development, no
development has occurred there for years. He noted that he would disagree with
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Mr. Benjamin that there is little gain to the public if the expansion request is
denied in comparison of the hardship on Deffenbaugh and the community if the
request is denied. He stated that the proposed expansion conforms to the longrange plan of the City of Shawnee and finally City Staff supports the request. He
thanked the Planning Commission for their attention and patience.
COMMISSION DISCUSSION
Commissioner Duckworth stated that she would like express how impressed she
is with how orderly and organized the presentations were and thanked everyone
who made a presentation.
At 11:05 Chairperson Mazza broke the meeting for a short break.
At 11:15 Chairperson Mazza resumed the meeting.
Brian Doerr stated that a representative from the Hamm’s Landfill was present at
the meeting and that he would like to clarify that the Hamm’s Landfill is a
Subtitle D landfill.
Chairperson Mazza stated that the original part of Hamm’s Landfill was not a
Subtitle D landfill, however any new cells that are opened by Hamm’s or any
other landfill will have to be Subtitle D.
Commissioner Bedora asked item number thirty-one of recommendations, talks
about costs of studies not to exceed $10,000 in any one year. He asked why there
is a cap on the cost of studies.
Planning Director Chaffee stated that condition was carried through from the
original conditions of approval from 1986. If the City wanted to fund a study they
would have some financial resources.
Commissioner Gentry asked if the City has ever requested funds for the purpose
of a landfill study.
Planning Director Chaffee answered no, the Governing Body has never made a
request for a study.
Commissioner Bedora stated that the report indicates that improvements on
Holliday Drive would exist to the west ramp and if that is correct why not the east
ramp.
Planning Director Chaffee answered that the east ramp is not in the Shawnee City
limits it is in Kansas City, Kansas.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
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Commissioner Gentry stated that there have been several complaints about the
beeping of trucks, some of them quite late into the evening. He asked if any part
of the approval process allow the City to place any restrictions on that, such as the
ones on the cleaning of parking lots and deliveries in retail areas.
Planning Director Chaffee answered that staff could send a Codes Enforcement
Officer out with the decibel meter and check the noise level. He stated that
generally we get complaints in retail parking lots when it involves a trash truck
that is slamming a trash bin on the asphalt, in those situations it does violate the
noise restrictions.
Commissioner Gentry stated that situation would be based on the City ordinance,
which has to with noise levels. He asked if such a condition could be attached to
a special use permit and would it have any practical impact.
Planning Director Chaffee answered that the trucks beep for safety, which is most
likely an OSHA requirement.
Commissioner Gentry stated that activity by the trucks is currently allowed
twenty-four hours a day.
Planning Director Chaffee answered that is correct.
Commissioner Tubbesing asked if hours of operation could be limited through the
special use permit.
Planning Director Chaffee answered the nature of the landfill is a twenty-four
hour operation to prepare for the next day. He indicated that if there is some
concern with the noise that the beeps are emitting, staff can go out with the
decibel meter and take some readings.
Commissioner O’Connor asked if the City has received any complaints about
the beeping before this meeting.
Planning Director Chaffee answered that he was not aware of any, however he did
not know if Codes has received any complaints.
Commissioner Jenkins stated that there have been some really good arguments
from both sides. He stated that most of the complaints that are coming from the
residents in the area are from people who moved into the area in a relatively
recent period of time, whereas the landfill has been there for a very long time. He
indicated that brings up the question of whose space and whose operation is really
being moved in on. He asked if it is Deffenbaugh moving in on the residential
area and presenting a bad situation for them or the continued development
encroachment on the area occupied by the Deffenbaugh operation, and now the
City is trying to put restrictions on Deffenbaugh. He noted that there are several
SEPTEMBER 17, 2001
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ways to look at the situation and analyze it. He stated that the area and the
validity for the type use that it has was questioned. He noted that use is already
there. He stated that it is in the Land Use Guide. It stated that it is an area, which
is not prime development land at this point and possibly not for a future point. He
stated that the question was who was there first. He noted that Deffenbaugh has
been a good neighbor and has worked to control the odor. He stated that when
looking at the overall context it would lead one to believe that perhaps an
additional expansion is an appropriate use for that area.
Commissioner O’Connor stated that what he is hearing is that the operation
creates a smell and that because of that smell the values of the property would be
adversely impacted. He stated that a lot of those comments seem kind of hollow
coming from people, as Commissioner Jenkins had said, who bought their
property knowing full well that there is an operation there, a landfill, that they
knew or should have known that would be operating for at least twenty-five years.
He stated that to suggest that no one would want to buy their property because
this landfill could go on for fifty-years rather than twenty-five makes no sense.
He noted that the people who bought in the area wanted their property and he
believes that there will be a market for their property in the future. He stated that
he supports the application for the same reasons that were stated in the staff
report.
Commissioner Wysocki stated that he would have to take the opposite side. He
indicated that there are issues that go beyond the stuff that deals with odor, noise,
trash, blasting, site lines and views. He stated that as the Comprehensive Plan
states right now, people rely on that to make decisions in purchasing houses and
businesses. He stated it surprises him that the Comprehensive Plan would not
show the landfill as a potential future land use for that area. He stated that the
other thing is that there were previous agreements made in previous Planning
Commission meetings and City Council meetings that Deffenbaugh agreed to, and
is now changing their opinion on. He stating that the changing land use in that
area has an impact. For those reasons he would have to take the opposite
approach.
Commissioner Gentry stated that one of the things he would like to clarify is the
fact that it was his understanding that as recently as 1992 or 1993, the
Comprehensive Plan contained language that indicated that it was not the will of
the citizens of the City of Shawnee to have an expansion of this type of activity.
He stated that has since been removed and approved by the Governing Body to be
removed. But it is not as if all of these individuals bought their properties
relatively recently and should have known that there was going to be an
expansion. Many bought them at such time when there was express language in
the Comprehensive Plan that indicated that it was not the intent or the will of the
City of Shawnee to see further expansion in this area. He stated that the City
Government changed that factor. He stated that he wanted to clarify that not
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
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everybody who brought property in this particular area was operating under the
assumption that while the landfill is already there, they should expect expansion.
Chairperson Mazza stated that the landfill was there, if one should move into a
home with a beautiful view of vacant ground, that does not mean that the ground
is going to be the same for fifty or one hundred years and it doesn’t mean that
there are going to be houses on it. The Comprehensive Plan is going to change as
all Comprehensive Plan’s do.
Commissioner Tubbesing asked on item 19 should there be a time line that should
be followed.
Planning Director Chaffee answered that the reason there is not a time restriction
is because when Johnson County Environmental has done their inspections in the
past, the City has received their quarterly report within one week.
Commissioner Tubbesing stated that he would like to get a feel of the altitudes of
Shawnee. He stated that he is concerned with keeping the landfill hidden. He
stated that there have been a number of people who have stated that they can see
the existing landfill operation from various points around the City.
Planning Director Chaffee stated that the one location that staff is aware of is the
location of 47th and Woodland, and 50th and Lakecrest. He stated that presently in
those areas trucks can be seen coming down the hill but there is no berm. He
stated that with the information that was provided on the site distances, by moving
the berm closer rather than further away and the height that the berm would be,
the trucks should no longer be seen moving around.
Commissioner Tubbesing asked who selected the site lines.
Planning Director Chaffee answered the applicant.
Commissioner Tubbesing asked if staff has seen any site lines that may differ
from the ones that the applicant supplied, that could be considered.
Planning Director Chaffee stated that staff has driven up and down Shawnee
Mission Parkway to try and see the trees. He indicated that there is a small area
where some of the trees are gone just north of Shawnee Mission Parkway and
again heading south by 47th Street. He stated at that point at K-7 Highway, they
were not seeing inside the landfill or seeing any trash being exposed. He
indicated that the applicant gave some good site lines along Woodland and then
the ones approximately one-quarter mile east of Monticello Road. He indicated
that he was not familiar with what the resident could see at 70th and Millridge. He
stated that there are some wooded areas that are directly south of the proposed
landfill location. He indicated that possibly the resident is seeing the berm rather
than inside the landfill.
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Commissioner Tubbesing stated that he did not feel that the money is important
and is not concerned with the revenue that this would generate. He stated that
higher disposal fees should not be an issue competition would dictate that. He
stated that everyone should have known that the landfill was there when they
moved to Shawnee and that the expected life span of the landfill was fifteen to
twenty-five years. He indicated that land values should not be impacted. He
stated that Deffenbaugh has been there for a long time and has been a good
neighbor to Shawnee. He stated that Deffenbaugh has taken a lot of time to be
involved and have been a good corporate citizen. He stated that what it comes
down to with him on a scale of negative 10 to plus 10, how would this benefit
Shawnee. He noted that as many times as he is not finding positives he is not
finding negatives, which makes it a tough case. What concerns him is the
exposure to the Citizens of Shawnee and the time line of twenty-five years from
now as Deffenbaugh continues to fill the land, it has been a long time and it is
going to continue to be. He stated that it is time for Shawnee to move beyond its
past and prepare for the future.
Commissioner Duckworth stated that she has lived in Western Shawnee all of her
life and drives around the area a lot. She stated that on the west side of K-7
Highway one can smell the trash. She stated that she is a good neighbor, however
does the City have to take everyone’s trash in the State if there are other places
that would accept it. She asked if the City needs to open up Deffenbaugh for
years to come, the City is still in their time limit right now and did not know what
the rush is. She noted that the City should really think about this proposal.
Commissioner Gentry stated that he would like to go back to a comment that
Commissioner Tubbesing said, that the money really is not important in this case.
He stated that he believes that to be true, the revenue to the City is nothing. It is
completely insignificant, and is surprised that it is generating so much interest. If
the Planning Commission were to vote for approval, it would increase the value of
the landfill, whether the current owner decided to sell it, or whether they
maintained it and operated it themselves. He noted that over a twenty-five year
period he could only speculate maybe hundreds of millions of dollars that the
landfill would generate. Since no one seems to know how much money they
make per year, he could not say for sure but would venture to say that
conservatively it would be hundreds of millions of dollars. He noted that what the
City would receive in return is so little that it would probably not even pay for the
fire fighter and police services that would be required if there were an accident at
the site. He stated that he did not think that anyone has ever tallied up the damage
to the streets that having the landfill as a based operation in the City and having
truck traffic in a disproportionate share for the City of Shawnee. There are so
many costs associated with the landfill in real dollars and then taking into
consideration the cost of the atheistic value and the proposed land use in the
future, the equation does not make sense. He stated that the deal that is being
offered to the City, while some seem excited about it. He stated that he did not
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know what math they are using. He noted it must be the new math, because he
does not understand it.
Commissioner Bedora stated that he would like to have some information on the
challenges that exist with the plastic bags blowing in various locations and the
ability to clean those up.
Randy Alewine stated that it is an operations issue. They use temporary litter
fences out on the operation of the landfill. He stated that they are availing
themselves to study the art in terms of trying to control that. He stated that they
try to keep their working phase to a minimum. He noted that they try to put soil
on the waste promptly. He stated that they are trying to do all the things that can
and need to be done in order to control that. He stated that Deffenbaugh
Industries maintains a crew that goes around the site and on the public right-ofways to collect any litter that may have blown off site. He stated that they would
continue to be prudent and judicious about doing those things. He noted that they
are always open for suggestions on how those types of things can be improved.
Commissioner Gentry stated that one of the individuals that spoke before the
Planning Commission indicated that they believed that workers were being
housed on either property owned by Deffenbaugh or close to the property owned
by Deffenbaugh.
Randy Alewine answered that he does not have first hand knowledge and that he
works in engineering, however it is his understanding that from time to time there
are employees of Deffenbaugh who do live in the houses off Locust and Holliday.
Commissioner Bedora stated that it is apparent that they are in fact doing all that
would be considered reasonable to control the activity of trash blowing into
exterior areas. He noted that Kansas at times is fairly windy and being at a higher
point than most points existing around it, then the landfill is subject to a greater
amount of wind and subject to a greater amount of ability for light objects as such
to be blown over the site. He stated that it appears that Deffenbaugh would have
to go beyond what is normal and reasonable in appearance to do something to
make sure that if the City continues with the landfill that something is done to
cure the situation. He noted that might be more workers climbing the hills or
whatever potential exists. He stated that if the landfill were to continue, steps
need to be taken to make certain, beyond reason to handle the situation. He stated
that it does become a problem not only aesthetically, but also perhaps
environmentally, particularly if the wind blows from the south and blows trash to
the north into the river. He stated that as a matter of principle that is one of his
feelings in that particular direction that does in fact need to be handled.
Randy Alewine stated that his comments are well taken.
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Commissioner Gentry stated that he is concerned that the City has had the ability
since 1996 to conduct inspections of landfill operations or contract to do those
inspections to insure compliance with all applicable rules and regulations. He
noted that the City has also had the ability to give Deffenbaugh the bill up to
$10,000 per calendar year, however the Governing Body has not seen fit to do
that. He stated that he felt that it is important that if they are not aware of that
provision, that it is put in the record this evening to remind them of it.
Commissioner Sawyer asked what the height of the berm would be on the
southwest of the site.
Planning Director Chaffee answered the berm would behind the trees. He stated
that the elevation of the berm would be 950 feet.
Commissioner Sawyer asked how much higher is that than the trees.
Planning Director Chaffee answered that the height of 950 feet would be the
ground that the trees on the top of the berm are sitting on. The trees would be in
addition to the 950 feet. He noted that the berm would be enlarged and as a
condition of approval, if approved the landscape plan will come to the Planning
Commission for approval.
Commissioner Hartley asked if all the landscaping has been done on the new
berms.
Planning Director Chaffee answered that landscaping has not been completed on
the new berms. They have just completed the berms and are trying to get the seed
to start, after that they will need to do their plantings. He stated that they cannot
put any waste into the new cell until the time that the plantings have been
completed.
Commissioner O’Connor asked where the amendments entitled Deffenbaugh
Proposal fit into the Deffenbaugh recommendations by number.
Planning Director Chaffee answered it would be numbers 18, 13, 19, and possibly
20. He stated that those numbers would be amended to have the verbiage that the
Water District proposed.
Chairperson Mazza stated that this is an issue that no one wants a landfill and felt
that everyone was in agreement of that fact, however it is there and has been there
for many years. He stated that he has seen it as a burning dump, a regular dump
and a landfill. He stated that many people do not have different definitions for
these things but there is. It is unfair to compare this landfill with a landfill in
Dallas or in some other City such as Wichita. They have underground problems
that the City of Shawnee does not have. This has been the best site for a landfill
by accident that one could find. The County at one time bought a piece of land
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further west to put a landfill in, however it was determined to be the worst piece
of ground that they could have ever bought for a landfill. He stated that this area
has limestone that cannot be found everywhere. The landfill is there, it has been
there, everyone knew it was there, it has at least twenty to twenty-five years to go.
He noted that with the growth that is going on, they say another twenty-five years,
they are being very generous in the number of years. He stated that he would
speculate that it would be another fifteen years. He noted that he gets his figures
and knowledge from being on a committee with the County for eighteen years
that oversees the landfill, which involves improvements, and additions. He stated
that his knowledge gives a little more ability for him to speak about the landfill
than most. He stated that to go somewhere else and open a landfill would not be
that easy. He stated that it is in his backyard, which it is closer to him than most
people. He indicated that Deffenbaugh has been a good neighbor and have tried
to do everything possible to correct any problems that might have came up and
that is all that anyone can ask for.
Commissioner Tubbesing seconded by Commissioner Wysocki, moved to deny
special use permit SUP-5-01-08; rezoning Z-9-01-08; and site plan, SP-50-01-08.
The motion carried to deny 6-5, with Commissioners Tubbesing, Pflumm,
Bedora, Duckworth, Gentry voting “yea” and Commissioners Sawyer, Jenkins,
O’Connor, Mazza and Hartley voting “nay”.
Item No: 6
SP-56-01-9: consider site plan for SYNERGIES COMPLEX, located in the 11660
W. 75th Street. Request submitted by Tevis & Low Architectural Group, for
Midwest Holdings, LLC.
This was a consent item.
The applicant requests site plan approval for construction of a 7,105 square foot
building addition at 11600 W. 75th Street. The application is filed by Tevis Low
Architects for Kevin Tubbesing, owner.
RECOMMENDATION
Staff recommends approval of SP-56-01-9, site plan for a 7,105 square foot expansion
to the existing Quik Trip building located at 11600 W. 75th Street, subject to the
following conditions:
1.
The building shall be constructed as depicted on the submitted site plan and
elevations. Planning staff will work with the applicant during the building
permit process to determine if minor site alterations noted in the staff report are
feasible, and if so, implement them into the overall site design. Plans submitted
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 52
for a building permit shall designate a minimum of two handicap accessible
parking spaces adjacent to the main entrance of the building;
2.
The parking lot shall be striped prior to the issuance of the Certificate of
Occupancy;
3.
Prior to submittal for building permit, the applicant shall submit a unified sign
scheme for review and approval by the Planning Commission. All signage
shall meet requirements outlined in Section 5.64 of the Shawnee Municipal
Code and permits must be obtained for all signage prior to installation;
4.
Prior to submittal for building permit the applicant shall submit a revised
landscape plan to Planning Staff indicating a minimum tree caliper of two
inches, as measured six inches above the ground. All landscape material shall
be planted as shown on the landscape plan prior to issuance of the Certificate
of Occupancy and all disturbed areas shall be sodded in accordance with SMC
17.57;
5.
All mechanical units shall be screened from view;
6.
The storm drainage system required for this development shall be designed in
accordance with Division 4600, Storm Drainage, of the Shawnee Manual of
Technical Specifications and Design Criteria. The private drainage system
must be designed to convey the stormwater runoff from a 25-year return period
storm as outlined in the staff report.
7.
The site grading and erosion control measures required for this development
will be designed according to the standards in the Shawnee Manual of
Technical Specifications and Design Criteria as outlined in the staff report;
8.
Siltation control measures are required for all land disturbing activities and
shall be undertaken as identified in the staff report;
9.
The applicant is responsible for obtaining such permits as may be required by
the Kansas Department of Health and Environment (KDHE) for grading
activities covered by the Environmental Protection Agency’s National
Pollutant Discharge Elimination System Permit Program. The issuance of any
grading permit shall be subject to the applicant obtaining such permits as may
be required by the KDHE.
10.
This development is subject to the provisions of SMC Chapter 12.24, which
pertains to the construction and maintenance of on-site stormwater detention
facilities. A facility was constructed to serve the Fenton Professional Plaza.
The applicant has submitted figures showing that the additional impervious
surfaces created by this development are insignificant. Therefore, the applicant
is not required to make any modifications to the basin;
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 53
11.
All utilities shall be placed underground;
12.
Any new light fixtures shall be 19 to 24 feet in height (including the base), and
the light bulb shall be recessed within the fixture and shall not be located
below the shoebox; and
13.
The site plan is subject to City Council review until 5:00 PM Thursday,
September 20, 2001.
SITE PLAN REVIEW
1.
The applicant requests site plan approval for construction of a 7,105 square
foot addition onto the 3,200 square foot Quik Trip building located at 11660
W. 75th Street. The existing 3,200 square foot building has been vacant for
some time and the remodel is anticipated to convert the facility into a
professional office building that will total 10,305 square feet.
2.
The proposed building expansion is located on lot 1 of the Fenton Professional
Plaza Subdivision. The lot has 251 feet of frontage along 75th Street. The plat
also established a 45-foot building line along the east property line, and a 30foot building line along frontage for 75th Street.
3.
The project will continue to use the existing curb cuts located at the southeast
and southwest corners of the property that provide access to 75th Street. Traffic
circulation on the site will not change dramatically with the building addition.
Although not built to street standards, the primary access drive on the east side
of the development is intended eventually to serve all four lots in Fenton
Professional Plaza and does function as a street. Therefore, the proposed
perpendicular parking on the east side of the drive should be discouraged,
especially when placed so close to 75th Street and the entry to the parking lot.
Also, the new curbing on the west side of the drive, north of the existing
parking lot entry, must to be aligned to maintain a uniform width. Planning
staff will work with the applicant during the building permit process to
determine if other minor site alterations that re-locate the parking from the east
side of the drive are feasible, and if so, implement them into the overall site
design. Some of these site modifications are also discussed in the stormwater
drainage section of the report.
4.
All bulk requirements have been met. At its closest point, the building sets
back 65 feet from east property line and 40 from the centerline of the private
access easement. The building matches the same location as the rear of the
existing building. The new addition maintains a 14-foot separation from the
north (side) property line that is shared with lot 2. Height of the building is
approximately 16 feet to the top of the roof coping, which is less than the 45foot maximum allowed by the ordinance.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 54
5.
Primary parking for the building will be located in the center of the site. The
site plan depicts 46 parking spaces. The zoning ordinance requires 1 space per
250 square feet of floor area. Based on the total square footage of the new
building, a total of 41 spaces are required. No handicap accessible spaces are
shown on the site plan, while two are required by the zoning ordinance.
Parking stall dimensions and drive aisle widths satisfy the minimum
requirements of the zoning ordinance. Plans submitted for a building permit
shall designate a minimum of two handicap accessible parking spaces adjacent
to the main entrance of the building.
6.
The proposed building is L-shaped, with a centrally located cupola that serves
as the hinge point for the building. The cupola is shown to have a pitched roof
constructed of green standing seam metal, and the face of the cupola will serve
as a clock tower. The entire building addition will be constructed of pre-tinted
modular block (4” x 16”) that has the appearance of a jumbo brick. The
building also is accented two brick soldier course bands at the top of the front
wall. The block will be reddish brown to match that used on the existing Quik
Trip building. The south elevation of the addition also provides a projecting
canopy that is supported by block (4” x 16”) columns with cast stone bases.
The decorative canopy also is adorned with a cast stone coping at the top of the
roof as well. A storefront window system is located on the front of the building
addition to allow entrances for multiple tenants.
The north and east elevations are also comprised of pre-tinted modular block to
match the existing building. A parapet wall that will be fitted with a metal wall
cap (colored reddish-brown to match the building will surround the roof). As
required by design policy, the plans indicate that all metal person doors and
downspouts will be painted to match the wall of the building.
In terms of material and design, the building addition will provide a
compliment to the existing vacant structure. With its quality design and
augmented landscaping, the development proposal will enhance the area and
provide additional space for office users. Accordingly, staff is supportive of the
plan.
7.
After completion of the project, landscaping will be enhanced in comparison to
what is currently found on the site. Two parking lot landscape islands will be
added within the interior of the site that will be planted with Skyline Honey
locust trees and filled with decorative river rock. Two additional Honey locust
street trees will be added along 75th Street frontage as well. The tree caliper
shown on the plan does not meet the minimum requirements of the landscape
ordinance. Prior to submittal for building permit the applicant shall submit a
revised plan to Planning Staff indicating a minimum tree caliper of two inches,
as measured six inches above the ground.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 55
The trash enclosure is proposed to be located on the east side of the building
addition, with the gates facing east. This location is approximately 180 feet
north of 75th Street. The enclosure will be constructed of masonry colored to
match the building.
All areas disturbed in the required front, side and rear yards will be sodded in
accordance with SMC 17.57.
8.
This development is not subject to SMC 12.14 Park and Recreation Land Use
Fund (Open Space) fees.
9.
No additional parking lot lighting is depicted on the plan. Existing fixtures are
shown adjacent to the access drive. It is unclear if any new parking lot lighting
will be provided in conjunction with this project. Any new light fixtures shall
be 19 to 24 feet in height (including the base), and the light bulb shall be
recessed within the fixture and shall not be located below the shoebox.
10.
The applicant has shown conceptual siganage with individual letters to be wallmounted above door openings. Because the addition is anticipated to be
occupied by multiple tenants, a unified sign scheme must be submitted for
review and approval by the Planning Commission prior to submittal for
building permit. All signage shall meet requirements outlined in Section 5.64
of the Shawnee Municipal Code and permits must be obtained for all signage
prior to installation.
11.
Mechanical units will be located on the roof of the building metal mechanical
screens colored reddish brown to match the metal coping found on the
building. All mechanical units shall be screened from view.
12.
The storm drainage system required for this development shall be designed in
accordance with Division 4600, Storm Drainage, of the Shawnee Manual of
Technical Specifications and Design Criteria. The private drainage system
must be designed to convey the stormwater runoff from a 25-year return period
storm.
a)
The conceptual storm drainage system shown for this development is
generally acceptable, but it could be improved with an alternate design.

At present, stormwater sheetflows northerly toward the middle
of the site where it drains to the curb at the north end of the site.
From there, the runoff flows east along the curbline to the
primary access drive. When Lots 1 and 2, Fenton Professional
Plaza, were developed, stormwater was allowed to sheet-flow
across the two lots and discharge onto Lot 3. This method of
conveying stormwater across individual properties would not
comply with the City’s current standards.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES




b)
PAGE 56
As shown on the site plan, the proposed building addition will
block this drainage path and create a sump area in the parking
lot. The applicant’s architect is proposing to drain the sump
area using a shallow grate inlet connected to a 10-inch storm
sewer shown discharging onto the pavement near the trash
enclosure. An overflow flume is also shown linking the parking
lot to the primary access drive. However, before the overflow
flume could function, stormwater would have to pool to a depth
of 1.25 feet, which exceed the maximum depth of 7 inches on a
paved surface.
Although a preliminary drainage area map was not shown on
the site plan, the applicant’s civil engineer submitted separate
preliminary hydrologic calculations stating that the 0.478-acre
area draining to the sump will produce 4.19cfs during a 25-year
return period storm and 5.43cfs during a 100-year storm. Both
runoff rates are below the threshold where an enclosed drainage
system would be required, if not required because of the
proposed sump area.
The civil engineer also reports that: Based on the flowrates
computed above, the minimum size storm sewer will have a 15inch diameter. Because of the flatness of the site, only 1 foot of
depth is available at the collection point in order to maintain a
slope of 1 percent to the discharge point. A standard grate inlet
will not be usable. The collection system will consist of a trench
drain extending easterly from the low point until sufficient depth
is attained to install a pipe. … The discharge point is on existing
pavement and coincides with the existing discharge point.
City standards require a minimum 15-inch diameter storm sewer
because it is less likely to clog. However, Engineering staff is
concerned that the proposed discharge point will be unsightly.
Landscaping the discharge point effectively will not be possible
because of the proposed the concrete headwall/retaining wall
needed at the discharge point. Instead, Engineering staff
suggests grading the parking lot to drain toward its northeast
corner, where the runoff could drain through a flume to the
primary access drive. Another alternative would be to redesign
the parking lot layout to provide a new entry at the northeast
corner, which would also allow the parking lot to drain to the
primary access drive. Again, city staff will work with the
applicant during the building permit process to determine if
these site alterations are feasible, and if so, implement them into
the overall site design.
The proposed building elevations show downspouts on the north side of
the addition. The existing site improvements do not drain onto the
adjoining property. Therefore, to comply with current City standards
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 57
that prohibit draining runoff from an impervious surface directly onto
an adjoining property, the runoff from the downspouts must be
conveyed east to the primary access drive.
c)
The applicant is responsible for submitting a storm drainage plan as an
integral part of the site development plans to be submitted for a
building permit.
13.
This development is subject to the provisions of SMC Chapter 12.24, which
pertains to the construction and maintenance of on-site stormwater detention
facilities. A facility was constructed to serve the Fenton Professional Plaza.
The applicant has submitted figures showing that the additional impervious
surfaces created by this development are insignificant. Therefore, the applicant
is not required to make any modifications to the basin.
14.
The site grading and erosion control measures required for this development
will be designed according to the standards in the Shawnee Manual of
Technical Specifications and Design Criteria.
a)
The conceptual grading plan shown for this development is generally
acceptable. Engineering staff will work with the applicant to resolve
any minor design issues prior to approving the site development plans
submitted for a building permit.
b)
The applicant is responsible for submitting a rough grading and
siltation control plan as an integral part of the site development plans
submitted for a building permit.

The plan must accurately show contours of the existing ground
elevations and details of area drainage and terrain, including
identification of areas with existing or proposed gradients
greater than 33 percent. The plan must also show contours of
the finished ground elevations to be achieved by the proposed
grading activities plus all grading within public rights-of-way,
typical cross-sections of all proposed drainage channels and
swales, and the maximum depth of fill material below or within
15 feet of a proposed building or structure. Existing and
proposed contours must be shown at 2-foot intervals and must
extend at least 100 feet beyond the boundaries of the site.

The plan must show the type and location of all proposed
siltation control measures, which will include at least one
temporary construction entrance. Engineering staff may require
the plan to show additional measures, including diversion
channels and siltation basins, at such locations as may be
necessary to retain eroded material on the site. Also, the plan
must include general notes on installing and maintaining
siltation control measures and restoring vegetation on disturbed
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 58
areas, an installation schedule, details of any special grading
activities, and standards details of all siltation control measures.
15.
Siltation control measures are required for all land disturbing activities. The
applicant is responsible for installing all such measures shown on the plans
prior to commencing any grading activities or immediately following the
completion of rough grading as outlined in the installation schedule.
Engineering staff may require additional measures as may be necessary in the
field to retain eroded material on the site. The applicant is also responsible for
maintaining such measures throughout construction until vegetation is
established over the disturbed areas. All disturbed areas must be covered with
sod, or seed and mulch, immediately following the completion of final site
grading. Such measures will be removed once vegetation is established over
the disturbed areas.
16.
The applicant is responsible for obtaining such permits as may be required by
the Kansas Department of Health and Environment (KDHE) for grading
activities covered by the Environmental Protection Agency’s National
Pollutant Discharge Elimination System Permit Program. The issuance of any
grading permit should be subject to the applicant obtaining such permits as
may be required by the KDHE.
17.
All utilities shall be placed underground.
Dr. David Dowling, 11644 W. 75th, stated that he is the property owner north of
this site. He stated that he bought the lot that his office building is currently sitting
in 1990 and the vacant land to the north from Quik Trip in 1992, Lots C and D of
the plat. He stated that the proposal would create a brick wall that will block the
rest of his property that he owns.
Commissioner Tubbesing excused himself to the audience.
Dr. David Dowling stated that he had just found out about the meeting today and is
not as prepared for the meeting a he would like to be.
Dr. David Dowling indicated that he was concerned with parking and asked how
many parking spaces the applicant would have.
Associate Planner Allmon answered the applicant is showing 48 spaces on site.
Dr. David Dowling stated that there will not be enough parking for the proposal
and that people would end up blocking the access to his office. He stated that the
only thing he would be able to see when walking out of his office is sixteen feet of
brick wall, where before he could see 75th Street. He stated that it would create an
isolated, hidden area from sight that would make an ideal area where mischievous
behavior can be done to his property and possibly at his financial responsibility. He
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 59
stated that it would make it next to impossible for patients to find his location unless
they know specifically how to gain access to it. He stated that he bought the
property over ten years ago with a certain amount of visibility and now that is being
proposed to be taken away without any type of recourse. He stated that there was a
gentleman that came by his office and left his card. He indicated that he tried to
contact the gentleman several times, however he has not returned his call. He stated
that he would like to work with the gentleman and work something out, however it
is apparent to him that the gentleman is going to do what he wants to do and is
trying to slide by.
Dr. David Dowling stated that the intent to maximize the building on that site
would destroy the value of his office building. He noted that the rest of the site
would be blocked off and killed because of this addition.
Commissioner O’Connor asked what Dr. Dowling is asking the Planning
Commission to do. He asked if there are modifications to the plans that he is
suggesting.
Dr. David Dowling answered yes. He stated that he believes that it needs more
parking. He would like to see it stay with the current topography instead of seeing
it raised or elevated.
Commissioner Pflumm asked if Quik Trip was at the site before Dr. Dowling built
his building.
Dr. David Dowling answered yes. He stated that he bought the site from Quik
Trip.
Commissioner Pflumm stated that he would think that the gas station canopies and
the traffic going in and out of Quik Trip would be an inconvenience because it
would cause too much traffic.
Dr. David Dowling stated that it is a different type of traffic. The canopies did not
impair the visibility of the office building. He noted that Quik Trip was an asset
because people knew the landmark.
Commissioner Pflumm asked Dr. Dowling if he was planning on keeping his
signage.
Dr. David Dowling answered yes.
Commissioner Sawyer stated that he felt that it seems that the applicant is trying to
do too much with too little property. He stated that the Planning Commission has
spent a lot of time discussing tonight about how they do not want to infringe on
anyone’s rights. He noted then this item is brought forth, especially since the
applicants has not even spoke with the adjoining property owner, if that is the case.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 60
He stated that the proposal is more than doubling the size of the building and
basically for all practical purposes, blocking off Dr. Dowling except for the
entrance.
QUESTIONS FOR THE APPLICANT
The applicant, Kevin Tubbesing, 7205 Mullen Road, stated that he is the general
managing member of Midwest Holding LLC, the developer of the project. He
stated that he felt that City staff could speak for him that there are a couple of
misrepresentations here today. He noted that he is extremely easy to get a hold of
and there has never been a message at his office. He stated that staff could reiterate
the fact that Dr. Dowling had a representative of his looking into to this in upwards
of nearly a week ago. He stated that the fact that Dr. Dowling stated that he just
found out about the meeting today is unfortunate to have been said here today in a
public forum.
Kevin Tubbesing stated that it was his understanding in doing the title search that
Dr. Dowling owned the property and sold the property to Quik Trip along with
owning plot one, two, three and four. He stated that Dr. Dowling sold his view. He
noted that Dr. Dowling had two years to buy the vacant Quik Trip property.
Dr. Dowling stated that he bought his land from Quik Trip.
Kevin Tubbesing stated be that as it may, Dr. Dowling had two years to buy the
property and he has not, however Midwest Holding LLC bought the property and
plan to develop it to a very high standard, using that materials that exceed the City’s
requirements and meeting every expectation of what can be developed on the land.
Commissioner Gentry asked if the parking on the side of the building was added to
meet the parking requirements.
Associate Planner Allmon stated that they are over parked.
Commissioner Gentry asked Mr. Tubbesing to state his thoughts on the impact to
the site line to Dr. Dowling’s business from 75th Street.
Kevin Tubbesing stated that there are easements to the monument sign that
represents Dr. Dowling’s property. The drive way would be owned by Midwest
Holdings, which Dr. Dowling also has an easement to get to his property. He stated
that he is taking property that has been vacant for two years and is building it out to
the best use as they see the property as being capable of. The property has a deed
restriction by Quik Trip for twenty years that eliminates anybody from using the
site that would compete against Quik Trip in any way. He stated that they are
planning on turning the building into a professional office complex and in order to
do so they have to put the building out to the square footage, which they are
allowed to by the rules of the City.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 61
Chairperson Mazza asked if there would be a possibility, and many Quik Trips have
done it before, is to tear down the existing building, and build the proper building,
then everyone has more space plus they have sight, which would not deteriorate the
value of other property.
Kevin Tubbesing stated that he did not know what how they would build a
different site, because again with the deed restrictions that Quik Trip has, it would
have to be some type of office complex type environment and the optimum use of
the property is to L-shape the building.
Chairperson Mazza stated that an option could be to tear down the existing building
and build a new building with more space, which would not tear up the visibility of
the people behind the site.
Kevin Tubbesing stated that would not financially work. He noted that he is not
trying to block Dr. Dowling’s view. He stated that he is just trying to make the
property work.
Commissioner Sawyer stated that everybody has his or her rights and that Mr.
Tubbesing is trying to maximize every square foot that he can legally get on the lot.
Kevin Tubbesing stated that even if they took the building back 1000 or 2000
square feet it would not give Dr. Dowling any better line of sight.
Commissioner Sawyer stated that possibly this is not the right plan for this
particular site.
Commissioner Bedora asked Dr. Dowling where the entrance/exit point of his
building is.
Dr. Dowling answered his building faces east toward the apartment complex, the
entrance/exit is off 75th Street.
Commissioner Bedora stated that his building is subject to being a destination
location. He would have to use a landmark for people to find his location.
Dr. Dowling stated that he was not just talking about the value of his practice, but
the value of the real estate and what he bought is being negatively impacted. He
stated that he did not buy the vacant Quik Trip building because of the price that
Quik Trip wanted for the building and the deed restrictions.
Commissioner Bedora asked to what extent would Dr. Dowling feel that the
property value would be degraded.
Dr. Dowling answered visibility.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
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Commissioner Bedora stated that he understood that, but was asking in dollars and
cents.
Dr. Dowling answered potentially that and future development. He stated that he
has two and one half acres to the north, which could be two office buildings.
Commissioner Bedora stated that the two and one half acres to the north would
have to again be a destination location.
Dr. Dowling stated that the way he had it laid out, the buildings would be partially
visible from 75th Street.
Don Durham, 4621 Millbrook Court stated that this project would completely
block the access to Dr. Dowling’s building. He stated that he does have other
tenants that he did not mention, so it is not just his business that would be affected.
He stated that this could also slow down the development of the open land behind
Dr. Dowling’s building. He suggested that the item be tabled so the property
owners could discuss the project and go with whatever the solution is.
Commissioner Gentry stated that he would like to hear from the two parties to see if
they would be interested in negotiating.
Kevin Tubbesing stated the he had attempted to contact Dr. Dowling last week, his
office was closed and his answering machine was full, so he could not leave a
message. He stated that he did not want to approach Dr. Dowling until his plans
were complete. He stated as Dr. Dowling has said the project would not work in
any other way with the price that they have to pay for the building. He noted that it
is a vacant building in the City of Shawnee, which has been sitting vacant for two
years.
Commissioner Gentry stated that his question is would there be any benefit to
tabling the item.
Kevin Tubbesing stated that it would not help to table the item is because if they
scale the building back 3000 feet the product is untenable. Even if they scale back
the building, the building would still block Dr. Dowling’s sight.
Chairperson Mazza asked Mr. Tubbesing if he has looked into the option of putting
a building on the two acres behind Dr. Dowling since they are putting up such a
large building, which could be seen from the road.
Kevin Tubbesing stated that the building would not be seen from the road, because
the building that they are proposing is not any higher than Dr. Dowling’s except for
the clock tower. He stated that the value of the property is the fact that it already is
an existing building, with a parking lot and lighting.
SEPTEMBER 17, 2001
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 63
Commissioner O’Connor stated that it is ironic that both the applicant and the
property owner found the need to contact each other but was unsuccessful.
Associate Planner Allmon stated that an attorney named Andrew Star has been in
contact with the City the past three weeks.
Commissioner O’Connor asked on behalf of whom.
Associate Planner Allmon answered he would assume Dr. Dowling.
Dr. Dowling stated that if his attorney had not contacted him he would not have
known about this meeting, because his office was closed last week.
Kevin Tubbesing stated that he had no reason to assume that Dr. Dowling did not
know about the meeting and that he did attempt to contact him.
Associate Planner Allmon stated that the application was filed on August 29, 2001,
there would have been plans available at that time. He stated that he immediately
contacted Dr. Dowling, because staff told him that they would do that. He stated
that he then was contacted by an attorney who purchased the zoning code and that
he gave him copies of the plan. He noted that both parties knew what was going on.
Commissioner Sawyer stated that he felt that the applicant is trying to do too much
with to little space.
Commissioner Bedora stated that there are a lot of issues here. The fact of the
matter is often times commercial property such as Quik Trip was, is “detrimental”,
to the surrounding area because of the noise and congestion of people and all the
things that go on. He stated that if they are going with an office building, which is
apparently not too big for the property, because the applicant is exceeding parking
spaces on the property itself, certainly the property is sufficient to handle it. There
is no denial or lack of access to the ensuing properties. It is not hindering the
ability to access the dentist office or any of the other properties.
Commissioner Sawyer asked it there is signage on the south side of the dental
office.
Commissioner Bedora answered that there is no current signage on the south
elevation of the dental office, nor would there be in the future.
Commissioner Hartley asked if the two and one half acres of land to the north of the
dental building is land locked.
Planning Director Chaffee answered that there is not an access from the north.
When the Fenton Professional Plaza was developed all the lots were to be accessed
through an accessed easement. He noted that is one of the reasons staff discourages
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SHAWNEE PLANNING COMMISSION MINUTES
PAGE 64
that today and it is not seen very often anymore, but in this situation the land to the
north is land locked. He stated that at one time staff talked about pulling through
74th Street, however the residents of the area did not want that to happen. He stated
that at the northern end of the lots there is a detention basin that serves the subdivision.
Commissioner Hartley asked if there is any way to come into the site from the west.
Planning Director Chaffee answered no, that Westbrook Village owns the property
to the west.
Commissioner Hartley indicated that it appears that there is only on emergency
access into the site. He noted that could be a serious problem at a later date.
Dr. Dowling stated that when he purchased the property it was suggested that he
might be able to hook up the building to the shopping center back in 1991 or 1992.
He stated that 74th Street ends right at his property line. He stated that it was
proposed to go forward but when they made the shopping center, the City agreed
not to extend 74th Street into the shopping center. He indicated that if 74th Street
were to be extended that would help the ingress and egress of his building.
PLANNING COMMISSION ACTION
Commissioner Duckworth seconded by Commissioner Hartley, moved to approve
SP-56-01-9 the site plan for SYNERGIES COMPLEX, located at 11660 W. 75th
Street, subject to staff recommendations. The motion carried 7-2-2, with
Commissioners Bedora, Duckworth, Gentry, Hartley, Jenkins and Mazza voting
“aye”, Commissioner Sawyer and O’Connor voting “nay” and Commissioner
Pflumm and Tubbesing voting “abstain”.
Item No: 8
APPLICANT REQUESTS SPECIAL USE PERMIT TO BE WITHDRAWN.
SUP-8-87-9: withdrawal of a special use permit previously issued to MARCIA
& DANIEL DUNN, to operate an in-home child care facility for up to nine (9)
children as a home occupation at 6620 Garnett Drive.
Planning Director Chaffee explained that this is the scheduled review of a special
use permit issued to Daniel and Marcia Dunn to operate an in-home childcare
facility for up to nine (9) children as a home occupation at 6620 Garnett Drive.
The applicants have indicated they are no longer operating the in-home childcare
facility. A letter from the applicant is attached for your review.
RECOMMENDATION
SEPTEMBER 17, 2001
1.
SHAWNEE PLANNING COMMISSION MINUTES
PAGE 65
Staff recommends SUP-8-87-9 a special use permit issued to Daniel and
Marcia Dunn to operate an in-home childcare facility at 6620 Garnett
Drive be withdrawn since the facility is no longer in business.
Commissioner Jenkins seconded by Commissioner Sawyer, moved approve
withdrawal of SUP-8-87-9 a special use permit previously issued to MARCIA &
DANIEL DUNN, to operate an in-home child care facility for up to nine (9)
children as a home occupation at 6620 Garnett Drive, subject to staff
recommendation. The motion carried 11-0.
OTHER BUSINESS
There was no other business.
ADJOURNMENT
There being no further business to come before the Commission, Commissioner
Bedora, seconded by Commissioner Tubbesing, moved for adjournment. The
motion carried 11-0. The meeting adjourned at 12:40 p.m.
Connie Gibson
Recording Secretary