Shawnee Planning Commission
October 19, 1998
MINUTES
The Shawnee Planning Commission meeting was called to order by Bob Mazza,
Chairman, at 7:30 p.m. Present at the meeting were: Commissioners Bedora, Boettcher,
Duckworth, Gentry, Land, Mazza, O'Connor, Sawyer and Sheridan. Absent was:
Commissioner Jenkins. Also present were Paul Chaffee, Director of Planning; Madeline
Chaney, Associate Planner; and Chris Gralapp, Assistant Planner.
The Pledge of Allegiance was recited.
Item No. 1
Consider October 5, 1998, Planning Commission Minutes.
PLANNING COMMISSION ACTION
Commissioner Bedora, seconded by Commissioner Boettcher, moved that the October 5,
1998, Planning Commission Minutes be approved as written. Motion was carried 9-0.
CONSENT ITEMS ( #2, 3 )
Items listed under the Consent Items have been distributed to each member of the
Planning Commission for review and study. The items conform to City requirements
and staff has discussed conditions of approval with the applicant who is in agreement.
These items are considered to be routine and will be enacted by one motion of the
Commission with no separate discussion. If separate discussion is requested on an item,
from either the Planning Commission or from the public, that item may be removed
from the Consent Items and discussed immediately following the Consent Items.
Chairman Mazza explained the "Consent Item" format as described above, then asked if
there was a request for additional discussion on the consent item. There was no request
from the public or the Commission, so the Chairman asked for a motion.
PLANNING COMMISSION ACTION
Noting there were no other comments and no deletions, Commissioner Sheridan, seconded
by Commissioner Sawyer, moved that Consent Items 2 and 3 be approved subject to staff
recommendations. Motion was carried unanimously 9-0.
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October 19, 1998
Item No. 2
FP-69-98-10: consider final plat of PERIMETER PARK, 5TH PLAT, for one
industrial lot at 84th and Hedge Lane Terrace. Request submitted by Campbell, Barber,
Lambeth & Associates for R. Z. Rieke Zarda No. 7.
EXPLANATION OF ITEM
This was a consent item.
The applicant requests final plat approval for Perimeter Park, 5th Plat, a one-lot industrial
subdivision, located at the intersection of Hedge Lane Terrace and 84th Street. The
application is filed by Jim Lambeth of Campbell, Barber, Lambeth and Associates for R.
Z. Rieke Zarda No. 7.
RECOMMENDATION
Staff recommends approval of FP-69-98-10, final plat for Perimeter Park, 5th Plat, to be
located at the intersection of Hedge Lane Terrace and 84th Street, subject to the
following conditions of approval:
1.
Recording of the final plat and site plan approval prior to issuance of any building
permits;
2.
Payment of the $13,612.41 open space fee in a lump sum prior to recording of the
plat or prior to issuance of building permits;
3.
The applicant shall pay the excise tax as outlined in the staff report prior to the
Mayor signing the recording copies of the final plat;
4.
Both sides of Cole Parkway and 86th Street shall be designed and improved to
industrial collector standards according to the Shawnee Manual of Technical
Specifications and Design Criteria;
5.
The applicant be required to obtain a septic system permit from the Johnson
County Environmental Department prior to issuance of any building permits;
The construction of the two basins shall be finalized as part of the public
improvements associated with this plat;
6.
7.
Erosion control measures be shown on the grading plans and be in place prior to
beginning construction on any of the lots;
8.
Applicant shall submit individual preliminary street and stormwater drainage
plan-profile sheets to Engineering staff for approval prior to making the recording
copies of the final plat;
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October 19, 1998
9.
Final plans shall be submitted and approved by the Engineering Division prior to
submission of recording copies of the final plat;
10.
The applicant shall receive an Environmental Protection Agency National
Pollutant Discharge Elimination System permit (Construction Activity Form 1)
from the Kansas Department of Health. A copy of the application shall be filed
with the Engineering Division prior to issuance of a grading permit;
11.
Utility junction boxes shall be located in side and rear yard areas only;
12.
The applicant shall be responsible for the cost of City-installed street name signs;
13.
All water main and fire hydrant locations shall be approved by the Fire Chief and
installed prior to issuance of any building permits; and
14.
A computation plat shall be submitted with the recording copies of the final plat.
FINAL PLAT REVIEW
1.
The 17.361-acre property is zoned PI (Planned Industrial). Surrounding zoning is
PI in all directions.
2.
The site is currently used for agricultural purposes. Surrounding land uses are
industrial properties operated by Airsys ATM and Eiko Ltd. to the northwest,
SKC Communications to the north, and Kraft Tool and Nazdar to the east. To the
south and southwest the land is used for agricultural purposes.
3.
The Land Use Guide of the Comprehensive Plan indicates warehousing/light
industrial uses as appropriate for the site, thus the request is in compliance with
the plan. The preliminary plat indicated the site as three lots, as opposed to the
one lot proposed.
4.
The applicant is proposing one (1) industrial lot of 17.361 acres, divided in the
middle by a gasline easement. This plat would connect Hedge Lane Terrace with
Cole Parkway by 86th Street, forming a loop through Perimeter Park. The lot
would have access from four different streets, 84th Street, Hedge Lane Terrace,
86th Street, and Cole Parkway.
5.
Front yard setbacks are platted at fifty (50') feet along 84th Street, Hedge Lane
Terrace, 86th Street, and Cole Parkway. Side yard requirements along the
northwest portion of the lot are flexible since surrounding property is developed
with industrial uses.
6.
Open space requirements are applicable, with the required fee calculated to be
$13,612.41 based on 1.8¢ per square foot of lot area. The fee shall be paid in a
lump sum prior to recording of the plat or prior to issuance of a building permit.
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October 19, 1998
7.
The project is subject to SMC 12.28, street excise tax. With the tax assessed at a
rate of $.083 per square foot of developable space, the required fee is calculated to
be $62,768.35. The applicant will receive a credit against the excise tax for
moneys contributed to the benefit district for the improvement of 83rd Street. The
applicant shall work with the Public Works Department to determine the
appropriate credit. Any remaining portion of the excise tax shall be paid prior to
the Mayor signing the recording copies of the plat.
8.
The applicant shall improve both sides of Cole Parkway and 86th Street. The two
streets will be improved to industrial collector standards including sixty (60’) feet
of right-of-way. The streets will be designed in accordance with the minimum
criteria as set forth in SMC Section 16.16.020 and in accordance with the
Shawnee Manual of Technical Specifications and Design Criteria.
9.
Street lights are required along all proposed streets. The street lighting system
shall be designed in accordance with the minimum design criteria as set forth in
Policy Statement PS-18 and in accordance with the Shawnee Manual of Technical
Specifications and Design Criteria.
10.
The development will utilize an individual septic system since sewers are not
available at this time. The applicant will be required to obtain a septic system
permit from the Johnson County Environmental Department prior to issuance of
any building permits.
11.
Stormwater detention requirements shall be satisfied through the provision of onsite detention facilities. The stormwater drainage system proposed shall be
designed in accordance with the minimum design criteria as set forth in the
Shawnee Manual of Technical Specifications and Design Criteria.
At the present time, the two detention areas function as siltation basins. With
over a fourth of the subdivision platted, it is City staff’s opinion that the basins
need to be completed. Thus, as part of the public improvements associated with
this plat, the construction of the two basins shall be finalized.
All habitable buildings must be built a minimum of 60 feet from the top of the
bank (boundary for a 25-year design storm) of any open channel (whether natural
or improved) having a design capacity of 8 c.f.s. or more.
12.
The applicant needs to submit individual preliminary street and stormwater
drainage plan-profile sheets to Engineering staff for approval prior to making the
recording copies of the final plat.
13.
The applicant is responsible for submitting individual final sets of street,
stormwater drainage and detention, and street lighting plans to Engineering staff
for approval prior to commencing construction of any public improvements. All
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public improvements, including streets, stormwater drainage, and street lights,
must be built in accordance with the requirements set forth in the Shawnee
Manual of Technical Specifications and Design Criteria, except as specifically
varied or waived by action of the City Council as set forth in SMC Section
16.28.010. The applicant must obtain a Public Improvements Permit (Form C)
prior to commencing any construction of any public improvements
14.
The area disturbed within the subdivision will be greater than five acres, so prior
to any grading, the applicant shall apply for an Environmental Protection Agency
National Pollutant Discharge Elimination System permit (Construction Activity
Form 1) from the Kansas Department of Health. A copy of the application shall
be filed with the Engineering Division, prior to issuance of a grading permit. A
copy of the application and permit shall be filed with the Engineering Division
upon approval by the State.
15.
Erosion control measures shall be undertaken during construction. An erosion
control plan shall be approved, by the City Engineer, prior to the issuance of a
grading or building permit. The erosion control measures are to be in place prior
to commencing any construction. The applicant is responsible for maintaining the
erosion control measures until all construction has been completed. Following
construction, all disturbed parts of the primary yard must be covered with sod in
accordance with SMC 17.57.035.
16.
Utility junction boxes shall be located in side and rear yard areas only.
17.
All water main and fire hydrant locations shall be approved by the Fire Chief and
installed prior to issuance of any building permits.
18.
A computation plat shall be provided showing the coordinates of all points, the
bearings and lengths of all lines, and the individual area, in square feet, of all lots,
open space tracts, and rights-of-way. Also, shown on this plat shall be the
centerline miles of all newly dedicated streets. The computation plat shall be
submitted with the recording copies of the final plat.
PLANNING COMMISSION ACTION
Item No. 2, FP-69-98-10, final plat of PERIMETER PARK, 5TH PLAT, was approved as
a Consent Agenda item, on page one.
REPEAT OF CONSENT AGENDA MOTION:
Noting there were no other comments and no deletions, Commissioner Sheridan, seconded by Commissioner
Sawyer, moved that Consent Items 2 and 3 be approved subject to staff recommendations. Motion was
carried unanimously 9-0.
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October 19, 1998
Item No. 3
FP-70-98-10: consider final plat of HEARTLAND, for a one lot assisted living facility
in the 16200 block of Midland Drive. Request submitted by Campbell, Barber, Lambeth
& Associates for Rich Hall and Ky Hornbaker, owners.
EXPLANATION OF ITEM
This was a consent item.
The applicant requests final plat approval for a one (1) lot subdivision located on the
south side of the 16200 block of Midland Drive, just east of the WestGlen theater. The
application is filed by Rick Walker of Campbell Barber Lambeth for Richard Hall and Ky
Hornbaker, owners.
RECOMMENDATION
Staff recommends approval of FP-70-98-10, final plat for Heartland, an assisted living
residence located in the 16200 block on the south side of Midland Drive, subject to the
following conditions:
1.
Recording of the final plat prior to issuance of any building permits;
2.
Open space fees in the amount of $200 per residential unit ($ 9,600) shall be paid
prior to issuance of a building permit, as provided by SMC 12.14;
3.
The two commercial driveway approaches shall be designed and constructed in
general conformance with the Shawnee Manual of Technical Specifications and
Design Criteria as temporary improvements. The permanent approaches will be
constructed as part of the street improvement project, in accordance with City
policy;
4.
The applicant shall obtain a Public Improvement Permit (Form C) for work within
the right-of-way prior to the issuance of a building permit;
5.
The applicant shall submit a Covenant of Non-Opposition to the creation of a
benefit district for the improvement of Midland Drive, along with the recording fee
when the recording copies of the final plat are submitted;
6.
The applicant shall comply with SMC 12.24 (Construction and Maintenance of
Stormwater Facilities) by paying a detention fee based on $5,000.00 per impervious
acre created by the project prior to the issuance of a building permit. The applicant
shall be responsible for calculating the number of square feet of impervious area
created and submit the figure to Engineering staff;
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October 19, 1998
7.
All habitable buildings shall be built a minimum of 60 feet from the top of the bank
(boundary for a 25-year design storm) of any open channel (whether natural or
improved) having a design capacity of 8 c.f.s. or more;
8.
Erosion control measures are required to be undertaken and shall be indicated on
the grading plans, as outlined in the staff report. Erosion control measures shall
be in place during all construction;
9.
Following construction, all disturbed parts of the primary yard shall be covered
with sod;
10.
All utilities shall be placed underground;
11.
All fire hydrant and fire lane locations shall be approved by the Fire Chief. Any
required hydrants shall be installed prior to issuance of a building permit; and
12.
A computation plat shall be provided with the recording copies of the final plat.
FINAL PLAT REVIEW
1.
The 5.7 acre lot is zoned PMR (Planned Mixed Residential). Surrounding zoning
includes RE (Residential Estates) to the north, PMR to the south and east, and POC
(Planned Office/Commercial) to the west.
2.
Surrounding land uses include single family residences on large lots to the north, across
Midland Drive; vacant property to the east which has been approved for development of
the Heartland Villas; open space in the Forest Park Estates subdivision to the south; and
the WestGlen Theaters and parking area to the west.
3.
The Land Use Guide of the Comprehensive Plan anticipates medium density residential
uses for this area, thus the plat is in compliance with the plan. The final plat is also in
substantial compliance with the approved preliminary development plan approved in
August 1998.
4.
The applicant is seeking final plat approval of a one (1) lot subdivision on 5.6 acres. The
lot will be used for construction of a 48-bed assisted living facility. The layout and the
elevations of the facility were approved by the Governing Body on August 10, 1998. The
overall density of the development will be 8.4 units per acre, within the range of medium
density as stated in the Comprehensive Plan. The applicant is proposing a fifteen (15’)
foot bike trail easement along the west lot line. This easement will match an existing
fifteen (15’) foot bike trail easement along the east lot line of WestGlen.
Also included in the plat is one (1) tract. The tract covers all of the Little Mill Creek
floodplain. The floodplain will be used as an open space and a courtyard. In the future,
the tract could be used as part of a possible City bicycle/walking path along the creek.
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October 19, 1998
The final alignment for the trail has not yet been determined, but it is envisioned that an
interim route would place the trail on the south side of Midland Drive between Lackman
Road and the west end of this site. At that point, the trail would turn south along the two
bike trail easements and run to the north bank of Little Mill Creek, where it would tie in
with a path along the south side of the WestGlen property. It is envisioned that the final
alignment of the trail may be along the north side of the creek, across the back of the
subject site, to Lackman Road within the designated park/open space shown on the Land
Use Guide.
Access to the site will be from Midland Drive, designated on the Circulation Plan as a
minor arterial. Midland Drive is listed as part of the City’s Capital Improvement Plan for
improvement to collector status in 1998. As part of those improvements, the City will
acquire right-of-way to provide fifty (50’) feet of right-of-way as measured from the
centerline of Midland Drive. This plat will dedicate twenty (20’) feet of right-of-way to
the City to provide the fifty (50’) feet.
5.
All bulk requirements have been satisfied. The front yard is platted at the required
thirty (30’) feet. Side and rear building setbacks are platted at thirty (30’) feet.
All setbacks meet the minimum requirements for the PMR zoning district.
6.
Open space fees in the amount of $200 per residential unit ($ 9,600) shall be paid
with the recording copies of the final plat, or prior to issuance of a building
permit, as provided by SMC 12.14.
7.
The site will be participating in the Midland Drive benefit district. The amount
owed under the benefit district will be greater than the amount owed under the
excise tax, thus the site is exempt from the excise tax.
A Covenant of Non-Opposition to the formation of the excise tax shall be
submitted, along with the recording copies of the final plat to be filed at the
applicant’s expense.
8.
If the Heartland project is completed prior to the improvement of Midland Drive,
the two commercial approaches will need to be designed and constructed as
temporary improvements as specified in the Shawnee Manual of Technical
Specifications and Design Criteria. The permanent approaches will be
constructed as part of the street improvement project, in accordance with City
policy. The applicant will need to obtain a Public Improvement Permit (Form C)
for any work within the right-of-way prior to the issuance of a building permit.
9.
Information regarding site grading and stormwater drainage was submitted with
the site plan. Even though the site is larger than 5 acres in size, on-site detention
is not required since runoff from the property discharges directly into the 100-year
floodplain. Therefore, the applicant may comply with the requirements of SMC
12.24 (Construction and Maintenance of Stormwater Facilities) by paying a
detention fee based on $5,000 per impervious acre created by the project. The
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applicant is responsible for calculating the number of square feet of impervious
area created and submitting this figure to Engineering staff. The detention fee
shall be paid prior to the issuance of a building permit.
10.
Erosion control measures are to be shown on the rough grading and siltation
control plans. Such measures are to be in place prior to commencing any
construction. The developer shall be responsible for maintaining the erosion
control measures until all construction has been completed. At that time, such
measures will be removed. Following construction, all disturbed parts of the
primary yard must be covered with sod in accordance with SMC 17.57.035.
All habitable buildings must be built a minimum of 60 feet from the top of the bank
(boundary for a 25-year design storm) of any open channel (whether natural or
improved) having a design capacity of 8 c.f.s. or more.
11.
Less than five acres of the overall site will be disturbed; therefore, an
Environmental Protection Agency National Pollutant Discharge Elimination
System (NPDES) Permit (Construction Activity Form 1) from the Kansas
Department of Health and Environment is not required.
12.
Telephone, electric and cable service facilities shall be placed underground within
rear and side yards as required by Policy Statement PS-24.
13.
All fire hydrant and fire lane locations shall be approved by the Fire Chief. Any
required hydrants shall be installed prior to issuance of a building permit.
14.
The applicant is responsible for submitting a computation plat with the recording
copies of the final plat. The computation plat shall show the coordinates of all
points, the bearings and lengths of all lines, and the individual area, in square feet,
of all lots, open space tracts, and rights-of-way, and the centerline miles of all
newly dedicated streets.
PLANNING COMMISSION ACTION
Item No. 3, FP-70-98-10, final plat of HEARTLAND, was approved as a Consent Agenda
item, on page one.
REPEAT OF CONSENT AGENDA MOTION:
Noting there were no other comments and no deletions, Commissioner Sheridan, seconded by Commissioner
Sawyer, moved that Consent Items 2 and 3 be approved subject to staff recommendations. Motion was
carried unanimously 9-0.
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NEW BUSINESS
Item No. 4
THE FOLLOWING ITEM TO BE TABLED TO DECEMBER 21, 1998, MEETING:
SUP-7-98-10; SP-47-98-10; PrePlat-61-98-10; FP-62-98-10: consider request for
a special use permit to allow a live-in watchman at a mini-storage warehouse, site
plan approval, and a preliminary and final plat for ALL-STAR STORAGE at
Shawnee Mission Parkway and Midland Drive. Request submitted by Schlagel &
Schmidt for Bichelmeyer Dev. Corp.
EXPLANATION OF ITEM
The applicant requests a special use permit, site plan, preliminary and final plat approval
for construction of a 7.98 acre mini storage warehouse complex, to be located between
Shawnee Mission Parkway and Midland Drive, in the area just west of Woodland Drive.
The application is submitted by Schlagel & Schmidt for Bichelmeyer Development Corp.,
developer.
The applicant has requested that this item be tabled indefinitely in order to review other
sites, and if none are available, to finalize the plan submittal.
RECOMMENDATION
Staff recommends this item be tabled to the December 21, 1998, meeting.
PLANNING COMMISSION ACTION
Commissioner Bedora, seconded by Commissioner Boettcher, moved that SUP-7-98-10;
SP-47-98-10; PrePlat-61-98-10 and FP-62-98-10 for All-Star Storage be tabled to
December 21, 1998. Motion to table was carried 9-0.
Item No. 5
THE FOLLOWING ITEM TO BE TABLED TO DECEMBER 7, 1998, MEETING:
Z-14-97-10; SUP-4-98-5: consider request to rezone from RS (Residential Suburban)
and PI (Planned Industrial) to CN (Commercial Neighborhood) and a special use permit
to allow gasoline sales in conjunction with a commercial facility at Johnson Drive and
Woodland. Request submitted by TOM CRILLY.
EXPLANATION OF ITEM
The applicant requests rezoning of a five (5) acre tract at the northeast corner of Johnson
Drive and Woodland from RS (Residential Suburban) and PI (Planned Industrial) to CN
(Commercial Neighborhood) and a special use permit to allow gasoline sales in
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conjunction with a commercial facility at Johnson Drive and Woodland. The applicant is
Thomas M. Crilly, owner.
Staff requests that this item be tabled for consideration at the December 7, 1998, meeting.
The City Council has received a remand from the Johnson County District Court for
reconsideration of the Vanlerberg Commercial Center and Woodland Creek multi-family
residential project, which will have an effect upon the development of a site plan for this
site. The Council will reconsider their action regarding the northwest corner of Johnson
Drive and Woodland at their October 27, 1998, meeting. Tabling this item until
December 7th will allow the court time to take further action if necessary, and allow the
developer adequate time to prepare a site plan for consideration on the Crilly tract.
RECOMMENDATION
Staff recommends this item be tabled to the December 7, 1998, meeting.
PLANNING COMMISSION ACTION
Commissioner Boettcher, seconded by Commissioner Sawyer, moved that
Z-14-9710 and SUP-4-98-5 for Tom Crilly be tabled to December 7, 1998. Motion to table was
carried 9-0.
Item No. 6
THE FOLLOWING ITEM TO BE WITHDRAWN AT APPLICANT’S REQUEST:
Z-15-98-10; SP-51-98-10; consider rezoning from AG (Agricultural) and RS
(Residential Suburban) to CH (Commercial Highway) and site plan for
SHAWNEE STATION WEST, a proposed shopping center located at the
northwest corner of Maurer Road and Shawnee Mission Parkway.
EXPLANATION OF ITEM
The applicant requests that this rezoning application be withdrawn. Review by staff
indicated that the applicant did not have authorization from all landowners for which the
rezoning was requested to rezone their property. According to Kansas Statute, an
individual or corporation cannot rezoning another person’s property without authorization
to do so. A letter from the applicant is attached.
RECOMMENDATION
Staff recommends the Planning Commission accept withdrawal of this rezoning
request.
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October 19, 1998
PLANNING COMMISSION ACTION
Commissioner Sheridan, seconded by Commissioner Bedora, moved that Z-15-98-10 and
SP-51-98-10 for Shawnee Station West be withdrawn at applicant’s request. Motion to
withdraw was carried 9-0.
Item No. 7
THE FOLLOWING ITEM TO BE WITHDRAWN AT APPLICANT’S REQUEST:
Z-16-98-10; SP-52-98-10; PrePlat-71-98-10: consider rezoning from AG
(Agricultural), RE (Residential Estates) and R-1 (Single Family Residential) to CN
(Commercial Neighborhood), preliminary plat and site plan for SHAWNEE
STATION SOUTH, a proposed shopping center located at the southeast corner of
Maurer Road and Shawnee Mission Parkway. Request submitted by the Peridian
Group, Inc. For AIG Baker, Developer.
EXPLANATION OF ITEM
The applicant requests that this item be withdrawn. The applicant has submitted a new
application which is scheduled to be considered at the November 16, 1998, Planning
Commission meeting. A letter from the applicant is attached.
RECOMMENDATION
Staff recommends the Planning Commission accept withdrawal of this request.
Chairman Mazza asked about the letter that was in the packet. Mr. Chaffee
responded that it was a matter of wording, that this was going to be withdrawn and
a new application submitted for a later date.
PLANNING COMMISSION ACTION
Commissioner Duckworth, seconded by Commissioner Land, moved that Z-16-98-10;
SP-52-98-10 and PrePlat-71-98-10 for Shawnee Station South be withdrawn. Motion to
withdraw was carried 9-0.
Item No. 8
SUP-8-98-10; SP-50-98-10; PrePlat-67-98-10; FP-68-98-10: consider site plan,
preliminary and final plats, and special use permit to allow the operation of gas pumps in
conjunction with a convenience store at 10301 W. 75th Street. Request submitted by
Clayton Engineering for QUIKTRIP CORPORATION.
EXPLANATION OF ITEM
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October 19, 1998
Associate Planner Madeline Chaney explained that the applicant requests approval of a
special use permit, site plan, and preliminary and final plats to allow gasoline sales in the
CN (Commercial Neighborhood) zoning district for property located at the southwest
corner of 75th Street and Switzer Road. The application is filed by Gary Brouillette,
attorney for QuikTrip Corporation.
SPECIAL USE PERMIT AND SITE PLAN REVIEW
1.
The applicant requests a special use permit and site plan approval for construction
of a 4,305 square foot QuikTrip convenience store with gasoline sales at the
southwest corner of 75th Street and Switzer Road.
2.
The subject property is composed of three separate parcels which are zoned CN,
and which, together, form one tract of 1.2 acres. The east part of the subject
property is a tract of .56 acres at the immediate corner of the intersection, which is
developed with an existing gas station (Lo Cost); an undeveloped tract containing
.52 acres lies just west of the Lo Cost site.
A third tract, which adjoins the Lo Cost tract, contains 0.12 acre and is being
purchased by the applicant from the adjoining Fox Run property in order to
provide additional north-south depth near the intersection corner. The amount of
area purchased for Tract 3 was limited in order to maintain a rear yard on the Fox
Run property that conforms with the rear yard requirement of the RGA
(Residential Garden Apartments) district (30 feet).
3.
The subject property is located in an area that is characterized by commercial
development. It is adjoined on the north by the right-of-way for 75th Street, a
minor arterial. Property on the north side of 75th Street, at the northwest corner of
the intersection, is zoned PO (Planned Office) and is currently undeveloped. The
area west of the northwest corner of 75th Street and Switzer is zoned R-1 (Single
Family Residential) and developed with single family residences in the
Tomahawk Hills Subdivision. Switzer Road and the city limits of Overland Park
adjoin the subject tract on the east.
Property on the east side of Switzer, directly across from the subject tract, is
developed with commercial uses. Property north and east of the subject tract,
across the intersection, is within the city limits of Merriam and developed with
commercial uses. The subject tract is adjoined on the south by the Fox Run
Apartments, which are developed on property that is zoned RGA. Property to the
west of the subject tract is zoned CN and developed with a Taco Bell restaurant
and additional commercial uses along the south side of 75th Street.
4.
The proposed use is generally in conformance with the Land Use Guide of the
Comprehensive Plan, which designates this area as appropriate for commercial
development. In addition, the proposed convenience store with gasoline sales
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October 19, 1998
would replace a gas station (Lo Cost) which has existed at this location for many
years.
5.
Front setback requirements have been satisfied. The building and canopy are set
back a minimum of 40 feet from the street rights-of-way, in accordance with the
requirements of the CN district. In September 1998, the applicant requested, and
was granted, a variance to allow a reduction of the required rear yard setback from
25 feet to 7 1/2 feet (BZA-13-98-9). The area affected by the variance is the east
portion of the lot, where Tracts 1 and 3 are located.
Parking spaces are set back at least 15 feet from the rights-of-way of both streets,
as required. However, with the dedication of five feet of additional right-of-way
on Switzer Road, a portion of the paved surface east of the gasoline canopy would
be located 10 feet from the right-of-way. While it would be preferable for this
area to maintain the 15 foot setback, SMC 17.70 has been interpreted to require
the setback specifically for parking spaces, and allowing paved circulation areas to
be located closer to the right-of-way.
6.
Access to the site would be provided via one driveway from 75th Street, and one
driveway from Switzer Road. The proposed drives would be located
approximately 185 feet and 120 feet from the intersection corner, on 75th Street
and Switzer respectively. The Shawnee Manual of Technical Specifications and
Design Criteria requires a distance of 125 feet between commercial drives and
street intersections. Staff concurs with allowing the reduced setback for the
Switzer Road driveway, as it will replace an existing drive that is located 30 feet
from the intersection.
7.
Twenty five (25) parking stalls, plus sixteen (16) under-canopy spaces, plus two
(2) handicapped accessible spaces, for a total of 43 parking spaces being provided,
exceeding the requirements for the proposed 4,305 square foot convenience store
(1 space /150 square feet, a total of 29 spaces). The applicant has also provided a
loading area just west of the building, which will allow room for off-loading
vehicles outside of the parking and circulation area.
The parking lot, loading area and proposed driveway entrances shall be designed
and constructed in accordance with the Shawnee Manual of Technical
Specifications and Design Criteria, and shall be constructed prior to issuance of
an occupancy permit. The applicant will need to obtain a Public Improvement
Permit (Form C) prior to the issuance of a building permit.
8.
Frontage and open space trees shown on the landscaping plan exceed code
requirements. A combination of Honey Locusts, Flowering Dogwoods, and
Aristocrat Pears will be used as frontage trees on the tract. Deciduous and
coniferous shrubs will supplement the trees on each street frontage.
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October 19, 1998
Along with a 6 foot cedar stockade fence, a mix of Scotch Pines, Red Maples,
Marshall’s Seedless Ash, Flowering Dogwoods, and Aristocrat Pears will be
planted in a dense screen along the south property line, adjoining the Fox Run
apartments.
Submitted plans indicate that all disturbed areas in required front, side and rear
yard areas will be sodded in accordance with SMC 17.57.035.
9.
The proposed building is a new prototype for QuikTrip. It will have an exterior
treatment of dark brown (Moroccan Brown) brick on all sides. Soldier courses will be
provided at two (2’) and eight (8’) feet above grade for accent and visual relief. A
metal roof fascia, “platinum” in color, with a red illuminated accent band at the bottom
of the fascia, will be provided at the roof line on the north (front) and east and west
sides of the building. Similar to existing QuikTrip stores, the “platinum” fascia has a
distinctive metallic finish. The project architect has indicated that the platinum color is
less gold in hue than those for existing QuikTrip stores. A dark bronze storefront and a
red illuminated overhang/fascia will complete the north (front) elevation.
The proposed gasoline canopy will be fabricated of platinum-colored metal to match the
store fascia, and will include an illuminated red accent band.
The number of wall signs on the proposed building and canopy, as shown on submitted
plans, exceeds the allowed maximum of one wall sign per street frontage. QuikTrip
may have a monument sign for posting gasoline prices, in accordance with State
Statutes. Permits shall be obtained from the Planning Department prior to placing any
signs.
10.
The dumpster will be located within a masonry trash enclosure on the west side of
the building. Submitted plans indicate that the enclosure will have an exterior
treatment of dark brown brick to match the proposed building, as required by the
City’s Commercial Development Guide.
11.
Mechanical equipment will be roof-mounted and screened by a metal screen,
platinum in color, to match the roof fascia. All utilities are required to be placed
underground, as shown on submitted plans.
12.
The site is subject to SMC 12.24 (Stormwater Detention Facilities), pertaining to
construction and maintenance of stormwater drainage improvements. The site plan
includes the required information regarding site grading and stormwater drainage.
Submitted plans indicate an area on the adjacent Taco Bell property where some minor
grading would occur. The applicant shall obtain a temporary easement for off-site
grading activities prior to issuance of a grading or building permit. Executed copies of
the easement shall be submitted to the Planning Department prior to issuance of any
building or grading permits for the project.
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October 19, 1998
Drainage improvements within a public right-of-way or easement shall conform with
the City's Manual of Technical Specifications and Design Criteria. Prior to obtaining a
building permit or commencing any construction, the applicant will need to obtain a
Public Improvement Permit (Form C) from the City Engineering Division of the Public
Works Department.
13.
On-site detention is not required on this site, because it is less than 5 acres in size.
Prior to the issuance of a building permit, the applicant shall comply with the
regulations by submitting a letter prepared by a registered engineer, stating that
the additional impervious surface area created by this project will not negatively
impact the existing drainage system within 1,000 feet downstream of the site, and
paying a detention fee based on $5,000 per impervious acre. The applicant is
responsible for submitting the area of existing and proposed impervious surface
area to Engineering staff in support of this calculation. Less than five acres will
be disturbed; therefore, an Environmental Protection Agency National Pollutant
Discharge Elimination System (NPDES) Permit is not required.
14.
Erosion control measures are shown on submitted grading plans, and shall be in
place during all construction.
15.
Open space fees in the amount of $ 1,557.78 (3 cents per square foot of land area)
shall be paid prior to issuance of a building permit, as provided by SMC 12.14.
16.
All fire hydrant locations shall be approved by the Fire Chief and installed prior to
issuance of a building permit.
PRELIMINARY AND FINAL PLAT REVIEW
1.
In addition to special use permit and site plan approval, the applicant is seeking
approval of preliminary and final plats of the one-lot QuikTrip No. 185-R
subdivision.
2.
A forty (40') foot building line is shown on each street frontage, in accordance
with the requirements of the CN zoning district.
3.
The site adjoins 75th Street, which is designated as a Minor Arterial in the Circulation
Element of the Comprehensive Plan, and Switzer Road, which is designated as a
Major Collector street. There is currently fifty (50’) feet of right-of-way from the
center of 75th Street along the west 100 feet of the north frontage. Forty-five (45’)
feet, which was obtained by the City through condemnation proceedings for street
improvements, exists on the remaining 75th Street frontage. The final plat indicates
dedication of 5 feet of additional right-of-way (for a total of 50 feet from center) in
accordance with the requirements for a minor arterial street.
Thirty (30’) feet of existing right-of-way from the center of Switzer Road was also
obtained through condemnation. Dedication of 5 feet of additional right-of-way (for a
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October 19, 1998
total of 35 feet from center) in accordance with the requirements for a major collector
street, is shown on the final plat as required.
4.
As noted above, the existing non-conforming driveway near the street intersection
will be eliminated with construction of the new driveways. The filing copies of
the final plat shall include access limitation in graphic form along those portions
of the street rights-of-way which will not be used for driveways.
5.
The site is subject to SMC 12.28 (Street Excise Tax). At the current rate of 8.3
cents per square foot, the excise tax for the subject tract would be approximately $
4,309.86, based on the gross area of the plat, less the adjoining street rights-ofway. The applicant is responsible for payment of the Excise Tax prior to filing
the final plat of record.
6.
Submitted plats show existing and proposed utility and drainage easements.
There is an existing sanitary sewer line and its associated easement which
traverses the southeast corner of the subject tract, which will be required to be
relocated. Filing of the final plat will vacate the existing easement; prior to filing
the final plat of record, the applicant shall submit a letter from the Johnson
County Wastewater District indicating no objection to the proposed easement
vacation.
Most of the existing utilities serving the subject tract are located within the
adjoining street rights-of-way. A general utility easement, a minimum of 5 feet in
width, shall be included along the west lot line on the filing copies of the final
plat, in accordance with the requirements for perimeter utility easements (SMC
16.16.040).
7.
A computation plat shall be provided with the recording copies of the final plat,
showing the coordinates of all points, the bearings and lengths of all lines, and the
individual area, in square feet, of the subject lot and adjoining street rights-ofway. The centerline miles of the newly dedicated streets shall also be shown.
RECOMMENDATION
Staff recommends approval of SUP-8-98-10, Special Use Permit for gasoline sales in the
CN District, based on the following factors:
1.
Gasoline sales has occurred on a portion of the subject property for the last several
years;
2.
The subject property and the surrounding area is designated as appropriate for
commercial development;
3.
The surrounding area to the north, east, and west is developed or zoned for
commercial use;
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October 19, 1998
4.
The proposed development would conform with applicable City requirements for
development, and would replace an existing development which does not conform
with current Zoning Ordinance, Subdivision, or other City requirements; and
5.
The special use permit shall be reviewed in one (1) year.
Staff recommends approval of SP-50-98-10, the associated site plan, subject to the
following conditions:
1.
The property shall be platted, and the plat filed of record prior to issuance of a
building permit;
2.
The parking lot, loading area and proposed driveway entrances shall be designed
and built in accordance with the Shawnee Manual of Technical Specifications and
Design Criteria, and shall be constructed prior to issuance of an occupancy
permit;
3.
Planning Commission concurrence with allowing a driveway on Switzer Road to
be located 120 feet from the intersection corner, rather than 125 feet, as required
by the Shawnee Manual of Technical Specifications and Design Criteria;
4.
Executed copies of temporary easements for off-site grading on the Taco Bell tract
shall be submitted to the Planning Department prior to issuance of building or
grading permits;
5.
The applicant shall pay a Street Excise Tax of $ 4,309.86, in accordance with the
provisions of SMC Chapter 12.28 (Street Excise Tax) prior to filing the final plat
of record;
6.
Prior to the issuance of a building permit, the applicant shall comply with SMC
12.24 by submitting a letter prepared by a registered engineer, stating that the
additional impervious surface area created by this project will not negatively
impact the existing drainage system within 1,000 feet downstream of the site, and
pay a detention fee based on $5,000 per impervious acre created by the project.
The applicant is responsible for submitting the area of existing and proposed
impervious surface area to Engineering staff in support of this fee payment;
7.
Drainage improvements within a public right-of-way or easement shall conform
with the City's Manual of Technical Specifications and Design Criteria. Prior to
obtaining a building permit or commencing any construction, the applicant shall
obtain a Public Improvement Permit (Form C);
8.
Open space fees in the amount of $ 1,557.78 shall be paid prior to issuance of a
building permit, as provided by SMC 12.14;
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October 19, 1998
9.
Fire hydrant locations shall be subject to the approval of the Fire Chief, and
installed prior to issuance of a building permit;
10.
All utilities shall be placed underground;
11.
Erosion control measures shall be in place during all construction; and
12.
Sign permits shall be obtained from the Planning Department prior to placing any
signs.
Staff recommends approval of the preliminary and final plats (PrePlat-67-98-10 and FP68-98-10), subject to the following conditions:
1.
Dedication of 5 feet of additional right-of-way (for a total of 35 feet from center), in
accordance with the requirements for a major collector street, shall be dedicated on
Switzer Road, as shown on the final plat;
2.
Dedication of 5 feet of additional right-of-way (for a total of 40 feet from center),
in accordance with the requirements for a minor arterial street, shall be dedicated
on 75th Street, as shown on the final plat;
3.
The filing copies of the final plat shall include access limitation in graphic form
along those portions of the street rights-of-way which will not be used for
driveways;
4.
The applicant shall pay the Street Excise Tax, in the amount of $4,309.86, prior to
filing the final plat of record in accordance with SMC 12.28;
5.
The applicant shall submit a letter from the Johnson County Wastewater District
indicating no objection to the proposed sanitary sewer easement vacation prior to
filing the final plat of record;
6.
A general utility easement, a minimum of 5 feet in width, shall be included along
the west lot line on the filing copies of the final plat, in accordance with SMC
16.16.040; and
7.
A computation plat shall be provided with the recording copies of the final plat,
showing the coordinates of all points, the bearings and lengths of all lines, and the
individual area, in square feet, of the subject lot and adjoining street rights-ofway. The centerline miles of the newly dedicated streets shall also be shown.
QUESTIONS FROM COMMISSION
Commissioner Sawyer noted that on Page 4 the report talked about the number of wall
signs on the proposed buildings, and asked if we were going to change what we allow.
Mrs. Chaney responded no, adding that it is just a warning flag to the applicant. She
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October 19, 1998
further stated that the only item that does not conform with the City’s regulations was that
on the north frontage there are two wall signs, one on the canopy and one on the building,
and one of them needs to go away to be in conformance with the sign regulations.
Commissioner Sawyer thought it was one sign for each street frontage. Mrs. Chaney
responded that was correct, adding that the canopy is one, and then there is one on the
building. Commissioner Sawyer noted that there is one on each end of the canopy. He
added that the only reason he asked was because the Phillips out west only has one on the
canopy, total, and one on the front of the building. Mrs. Chaney responded that was
correct, adding that was the standard that this station would also need to meet.
Commissioner Sawyer asked if this station would have only one on the canopy and one
on the building. Mrs. Chaney responded that was correct.
Commissioner Boettcher noted that 75th Street does not have a median at that location,
and asked if there were any plans to do so. Mrs. Chaney responded that she was not
aware of any plans.
Chairman Mazza asked Mrs. Chaney to reiterate her earlier comment about the
comparison in size. Mrs. Chaney responded that she was remarking that this was a use
that is somewhat similar to what is on the ground now except it is a larger scale, more gas
pumps.
PUBLIC DISCUSSION
Representing the applicant was Gary Brouillette, 911 Main Street, Kansas City, MO.
Also present was Steve Bennett, the development engineer for QuikTrip.
The applicant stated they had met with staff on numerous occasions, have looked over the
conditions outlined for all four applications, and they have no problems with any of them.
He commented that the duplication on the sign was that they had a button on the front of
the canopy facing 75th Street, and also had the awning sign. He stated they will do away
with the button so there won’t be a duplication. The applicant showed a colored
rendering of the site itself. He stated there would be a wooden fence in the back on the
property line. All of the green area shown on the rendering will be cultivated and
sprinkled. He thought it would look attractive. He stated they have a little bit of a grade
problem, and to get the 40-foot setback that the City requires, they need to have the
entrances to make that grade more gradually. He said that because of the fact that they
are back as far as they can be, it is 5’ short of the requirement, but the existing entrance is
about 30 feet from the intersection so they feel they have good stacking distance and this
helps the grade, too. People can come in on 75th and go out on Switzer, or vice versa.
He said they think it is a nice plan. The lighting will all be downcast lighting, with no
luminance beyond the perimeter itself, so lights cannot be seen beyond that. He said they
are in pretty good shape with the topo. They are going to have heated mat entrances at
the site so that if there is any ice, it will be gone in a second. He stated that on the
conditions that were outlined, he didn’t think there was anything in there that they hadn’t
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October 19, 1998
looked at and agreed to and some of the things that required attention (computations and
things of that nature) are in process right now, and they will comply with those.
Commissioner Boettcher questioned the lighting, noting the Phillips in Merriam at 67th
and I-35, which has a blinding brightness. Chairman Mazza agreed it was bad also.
Steve Bennett, QuikTrip, 6300 W. 51st, Mission, stated that the lighting on this store
will be similar to what is seen down the street, only better. He said they have now gone
to a baffle system, which is a baffle that comes down and makes no side lighting actually
go out. He thought that it will be found that it will be even better than their existing store,
because of the downcast lighting. He said they have gone to that because all they are
looking for is the safety of their customers in and out of there.
Gary Brouillette stated that they just completed one recently in Lees Summit and they
have taken foot-candle readings at the perimeter and don’t get any candle reading off the
edge of the site. He said if you step onto the apron, you will, but you can’t get it off the
apron on the non-QuikTrip side.
Commissioner Sawyer asked what was going to happen to the other QuikTrip on 75th
Street. Mr. Brouillette responded that it will probably remain open for a small while, but
he thought that it was projected that it will probably close. Steve Bennett stated that
inevitably it will close, adding that they may look at it for a little bit and see how they
both do, but he thought that they probably will end up drawing from the same customers.
Mr. Brouillette commented that QuikTrip in this area, if they have any room, they would
like to have a little larger presence and stay at those locations. If they don’t, they would
like to relocate, typically, like they are doing here, a little farther away and then normally,
those will close. He added that oftentimes, he has seen those turn into other services for
residential area. He said that the predominant use of their stores, after they have left,
have been for cleaners, which is a good use for the neighborhood. He said they remove
all the tanks, and underground storage and underground piping system. They will invite
the EPA and the Federal investigations so that they have a clean closure letter and then
they fill that all in with an apron so that the canopies and tanks will be out of there.
No one spoke in opposition.
PLANNING COMMISSION ACTION
Commissioner Sawyer, seconded by Commissioner Bedora, moved for approval of SUP8-98-10, SP-50-98-10, PrePlat-67-98-10, FP-68-98-10, special use permit, site plan,
preliminary and final plats for QuikTrip, subject to staff recommendations, with the
added stipulation that there be only one sign on the canopy and one sign on the front of
the building. Motion was carried 9-0.
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October 19, 1998
Item No. 9
SP-54-98-10: consider request for site plan approval for a facade renovation of the
TRAILRIDGE APARTMENTS with exterior building materials of vinyl siding at 7420
Flint. Request submitted by James Spair for Hoelting Enterprises.
EXPLANATION OF ITEM
Planning Director Paul Chaffee explained that the applicant requests site plan approval
for exterior renovation of the Trailridge Apartment Complex at 7420 Flint Street. The
application is filed by James Spair of Royal Seamless Gutters for Hoelting Enterprises.
SITE PLAN REVIEW
1.
The site is zoned RGA (Residential Garden Apartments) surrounding zoning
includes CN (Commercial Neighborhood) to the west, R-1 (Single Family
Residential) to the north, RGA to the east, and RGA, CN, and PD (Planned
Development) to the south.
2.
The site contains a 188 unit apartment complex. The Fenton Professional Plaza
with a QuikTrip and office building is to the west. To the north are single family
homes which are part of the Homestead Estates Subdivision. Across Flint to the
east is Shawanoe Elementary School. To the south, across 75th Street, is the
Thomasbrooke Apartments, an office building, and the Arrowhead Apartments.
3.
The applicant requests site plan approval for exterior remodeling of all ten
buildings in the Trailridge Apartment complex. The applicant is proposing to
update the appearance of the complex by replacing the wood shake singles
currently on a portion of the sides of the building, replacing all the windows, and
installing gutters and downspouts. All existing brickwork on the buildings will
remain.
The stained wood shake singles would be replaced with Variform Vinyl Dutch
Lap style 4.5 siding. The color of the siding would be Clay (Beige). The fascia
boards along the edge of the roof will be covered with an aluminum metal coil
stock, that is almond (off-white) in color. The gutters that would be added will be
classic cream (off-white) in color. The downspouts would be the same clay color
as the siding. The new window frames will be white.
4.
Staff has informed the applicant that at previous Planning Commission meetings,
discussion has been held regarding the use of vinyl siding, as opposed to other
materials for use on multi-family residential structures. At the last Planning
Commission meeting, a discussion was held regarding the use of this material
during renovation of existing structures. The Planning Commission determined
that the materials expected for use on new construction should also be the
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October 19, 1998
standard for renovation work, especially when the use of such material currently
does not exist.
5.
The applicant has provided brochures which review the components of the
material proposed to be used, as well as information regarding fire rating of the
material.
RECOMMENDATION
The Planning Commission shall decide whether the vinyl siding is a suitable material to
be used to remodel older multiple family residential units. If the Planning Commission
decides that the vinyl siding is acceptable for this remodeling project, staff recommends
approval of SP-54-98-10 for Trailridge Apartments, subject to the following conditions:
1.
The renovation shall be constructed as depicted on the approved site plan; and
2.
The site plan is subject to City Council review until 5:00 p.m. Thursday, October
22, 1998.
In the event the Planning Commission does not approve the use of vinyl siding material,
the applicant shall be required to submit revised elevations depicting a material approved
by the Planning Commission during discussion of this item, as well as incorporating the
above-mentioned conditions of approval.
QUESTIONS FROM COMMISSION
Commissioner Boettcher wondered at the sensitivity of this issue.
Mr. Chaffee responded that the reason this issue came up two weeks previously was that
staff knew that the design standards were basically intended for new construction. The
reason staff asked the Planning Commission to discuss the issue was to find out what
route the Planning Commission desired to take on rehab projects of an existing complex
where they desired some renovation to occur. What staff probably would have done if the
Planning Commission did not have a problem with the use of vinyl as a replacement
material is that we probably would have given administrative approval since there was no
basic other change to the apartment complex itself. The reason it is before the Planning
Commission is that staff has relayed the Planning Commission’s feeling to the applicant
and the applicant still desires for the Planning Commission to consider the use of vinyl
siding as a remodel on this apartment complex.
Commissioner Boettcher asked if this had been done before for multi-family. Mr.
Chaffee responded it has not been done recently. He added that we have a complex that
was constructed in the mid-1980’s that did use some vinyl. There was a fire at the
complex that heavily destroyed one of the units and melted the entire side of the building.
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October 19, 1998
Commissioner Boettcher asked about other commercial structures. Mr. Chaffee
responded that the only one he could think of lately was Shawnee Auto and Pawn and
Sonic Drive-In, which is doing away with the vinyl and installing masonite lap siding.
PUBLIC DISCUSSION
Jim Spair, representing the applicant Hoelting Brothers, stated that the applicant has
asked him to come and try to persuade the Planning Commission to allow vinyl siding. It
has been his understanding that the vinyl products in the Shawnee area have been
declined in the past or not even submitted for approval. He couldn’t understand why
these products have not been used. He has submitted some basic background information
regarding some of the concerns toward the fire issues that was called to his attention
when he submitted the application.
Commissioner Bedora asked Mr. Spair to discuss some of the issues relating to fires and
the concern about toxic fumes. Mr. Spair responded that not being an expert on fire
codes and ratings, he went to the manufacturer’s specifications on the product. He stated
that in all cases of the information they have available to them, there has never been an
incident to show any more concern for any buildings with vinyl siding than with any other
type of exterior treatment. He said that if the Planning Commission had a chance to read
through some of the pages of information given by him, he thought that in some cases it
is actually a product that you may want to have on your building. He said that Mr.
Chaffee brought to his attention one of the earlier conversations that there was a building
that had burned, and the information received from Mr. Chaffee was there was a concern
about the toxins. He said that quite frankly, there are no harmful toxins given off by vinyl
siding that would not be apparent in any fire: carbon monoxide, carbon dioxide are very
dangerous and very harmful, but they are going to be apparent in any fire. He stated that
vinyl siding is going to melt as opposed to just continue to burn. He gave the example of
throwing plastics in the fire and they don’t go up in flames, but just smother themselves
and put themselves out. The structure the vinyl is going over, in most cases, is always
going to be wood, and therefore the major concern with the fire issue is that the wood is
going to burn and naturally, the vinyl that is on the exterior is going to burn along with it.
The question that seems to be arising is there an issue of some form of toxin that is being
released from the vinyl product, and that is absolutely false. There is no proof; there
never has been any proof to that. He said he was gathering that the objection was not to
redo a project that currently has a wood shake shingle on it that would go up in flames
very fast in the condition that it is in right now. The shingles have been on there for a
very long time. The age of the shingles, the dryness is going to be a product that would
catch fire and the building would burn very quickly. The building has a combination of
brick on it. Obviously, the brick is not going to be an issue in a fire. It is moot for him to
decide for the Hoeltings what products for them to put on the building, if they don’t use
vinyl. Vinyl siding and guttering is his forte, which is what the Hoeltings asked him to
present to the Planning Commission. If the Planning Commission declines the vinyl
siding, whether the Hoeltings are going to do some form of other product, he does not
know. The Hoeltings are trying to improve a structure that is 30-plus years old. He
believed that in terms of what he has seen in terms of the location, the building is an
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October 19, 1998
eyesore at this point, where it is located. He said that what they can do would be a
tremendous improvement and will allow the applicant to have a product that they are not
going to have to be concerned about, nor would the City of Shawnee in the future for
quite some time, by using the products they are submitting.
Chairman Mazza asked if these would be of a certain length or would they be continuous.
Mr. Spair responded that they come in a 12’6” length standard panel. On this particular
project, most of the front elevations are going to have very few seams because of the
lengths between the brick walls. On the side elevations, there would be seams just like
with wood siding, whether it runs vertically or horizontally. He said the soffit panels, in
appearance when looking up at the overhang after finished, you will not see any seams in
that particular panel. He said it will appear seamless because of the way in which the
panels interconnect side to side. He said that all the metal that they are using for
decorating the fascia wraps and windows and door treatments will be identical in shape
and size to whatever framing is current there, simply covered with a metal skin that won’t
rust, deteriorate, or ever need painting. He said that when they get done, the building will
have a different look because a wood shake exterior and a siding will have a completely
different look, and will be a much-more updated, more modern look.
Commissioner O’Connor asked if Mr. Spair’s company had put this vinyl on other rehab
apartment projects in the K. C. Area. Mr. Spair responded that he hasn’t done too many
apartment complexes this size; he does mostly new construction, which is his affiliation
with the Hoelting Brothers, as he has been doing business with them for years on new
construction. He said he predominantly does upper-bracket, single family homes, and
duplex units. He said his business is located in the K. C. North area, where there is a
tremendous amount of vinyl siding being used. Not being as familiar with the Kansas
side, he didn’t know how much of it is being used. He said he had talked to Paul Chaffee
and seen the building that had burned. He was surprised that it was 12 years old, because
it looked like it had been done within the last couple of years. He said when they start
comparing products that people are purchasing today in all aspects of what is being used
from the automobiles, to things in the home, and outside the home, and plastics, vinyls,
resin products, are all going to be products that we are all going to have some form of on
our house, in the home or automobile. Apartment complexes, multi-family units are
probably what vinyl siding has been used for more in the past, whereas in the present, is
going to be used equally as much on single family residences. He stated that he has had
these issues arise in developments before where building companies have said they are
not going to allow vinyl siding and he has fought the issue and won, and ended up having
the development be predominantly all vinyl siding. He said it is a matter of helping
people to be a little bit more familiar with the product and he certainly appreciated the
concern of the Planning Commission for the fire issue. That is one of the reasons he
spent a little bit of time investigating this so that the Planning Commission could have
some information about the product that would verify some of the things they have heard
or been concerned about are not an issue that we need to be concerned about in this
particular case.
Shawnee Planning Commission
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October 19, 1998
Commissioner Land asked if, on the front elevation #5, building 2, where it shows the
portion that looks like it is about 40 feet long in the bottom picture, the joints were
staggered, or are they lined all up, on any elevation.
Mr. Spair responded yes, adding that they are staggered in different ways on different
parts of the building; for example, on a side elevation, they are staggered toward the back
so that they overlap going backwards, and you don’t see the blunt end of a panel as you
walk up to it.
Commissioner Land commented that she wanted to make sure that they are not all in nice,
neat, ugly line. Mr. Spair responded no, adding that aesthetically, that would not be
pleasing.
Commissioner Bedora asked relating to the ability of vinyl siding to withstand winds, and
for it to maintain its adhesiveness to the structure. Mr. Spair responded that was a good
question and it’s one that strictly comes from application. He said that vinyl siding is like
any other product that is put up; if it is put up correctly, it will stay up and last. One of
the problems, Mr. Spair thought, was most people have heard the war stories about the
application and not the product. He said, on this project, they would be putting up the
styrofoam insulation underneath their product after they have removed all the wood shake
shingles, and the products will be nailed in the specification nailing pattern that is
recommended by the manufacturer. He said that wind and hail are something to be
concerned about, but no more so with vinyl siding than any other product that is out there.
He said these products, and this particular one, they are using a very rigid 44 mil product.
The nailing pattern on it is exceptional; the nailing fin is exceptional; and it has a locking
nailing fin. Those three items are things that some of the products in the past did not
have and that has a lot to do with the rigidity, the straightness of the walls, and the way it
lines out, and the products are guaranteed to withstand hail damage, something that really
no other product that you’d put up there is going to be able to do, other than brick.
Commissioner Land asked if he knew what the wind rating was. Mr. Spair responded he
did not, and was not sure that you could look at it from a standpoint of wind rating. If
buildings that are set high on a hill, with no cover around it, you will definitely be more
accessible. He said Trailridge is not in that particular situation. He said there was no way
for the product to be ripped off the walls unless it has not been applied correctly. It goes
up no different than any of the wood products. It is nailed up, and you expect the wood
products to stay when they are nailed. He said the vinyl siding will stay up if it is nailed
up correctly and nailed into the 2x4 studded walls, that are there for this use.
Commissioner Duckworth noted Mr. Spair had said he was updating the building to make
it look more pleasing, and asked if he would be adding more brick and stucco. Mr. Spair
responded they are not adding any stucco or brick, adding that what the applicant is trying
to accomplish is to cover all of the areas that are in dire need of maintenance, which is
essentially just the wood shake shingles on all the elevations and the overhangs on all the
buildings, and then putting in all new vinyl windows in replacement of the metal
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windows that are in there now. He said that when the building is finished, it will be a
combination of, essentially, all brick, all vinyl, and some metal.
Dave Hoelting, 6725 Maurer Road, representing Hoelting Enterprises, stated that his dad
built this apartment complex about 35 years ago. In the 35 years that they have been
there, they were not the owners for about five years. They sold it about eight years ago,
had to foreclose after five years and got the project back. The last owners left it in pretty
bad shape. They didn’t do any exterior maintenance whatsoever. He said that since the
Hoeltings got the complex back, at first they were going to sell the complex, but decided
to keep it. They have been life-long residents of the City of Shawnee; they have a lot of
properties in the City of Shawnee; a lot of rental properties in the City of Shawnee; they
want to bring this project back to what it was at one time. He said since they have taken
the project over, they have replaced the wood shingles on the roof with 30-year
composition shingles. He stated that no one had mentioned that this building is
approximately 70% brick already. So they are not talking lots of vinyl siding like the
project on Nieman Road that burned. They are doing this for maintenance standpoint.
They haven’t looked at any alternatives to this, because this is the kind of thing they want
to do. Any other product they put on the building will require some kind of maintenance
and they are trying to keep away from that. The only big problem they have is squirrels,
who go through the wood like tissue paper. This will alleviate that problem and keep the
pigeons out of the roof. He further said that there are a lot of windows, a lot of sliding
glass doors on that project. There are very few areas in the project like the one in the
middle where there will be more than one solid piece or more joints you can see. There
won’t be a lot of seams.
Mr. Hoelting stated his concern about the windows. If they don’t do the vinyl
application, they don’t have any other alternatives. If they have to replace windows, it
means they have to pull siding off. If they have to go to the extent of pulling siding off,
they probably will not change windows because it becomes a cost efficiency item if they
have to pull the shingles off to get to the windows and then put the shingles back on.
Mr. Hoelting also mentioned that on Item No. 10 on the agenda (61st Street Townhomes),
his same comments apply. He said his brother submitted the application and was
originally going to submit it with lap siding. They have been trying to build this project
for three years with the owners of the land who are there. Oscar VanHoet has been sick,
and this has been a time-consuming thing. It is something his brother forgot to bring to
staff when it was originally submitted.
No one spoke in opposition.
PLANNING COMMISSION DISCUSSION
Commissioner Land stated that she was concerned about the wind rating for the siding
because it is less rigid than wood and she was afraid that if anything comes loose, it is
going to bend it back. We get some strong wind in this area. She was not sure that vinyl
siding is what we want on these projects.
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October 19, 1998
Commissioner Sawyer stated he struggles with the question of what is the difference
between vinyl siding and aluminum siding. If anyone has ever installed either of them,
which he has, there is not a great deal of difference. Sure, the vinyl siding will blow off;
aluminum siding will blow off; steel siding will blow off; shingles blow off. But he
thought that if it is installed correctly, he didn’t think most people could tell whether a
house is done in vinyl, aluminum or steel. And there are quite a few vinyl sidings on
houses in Shawnee.
Commissioner Duckworth stated that what concerns her is that they are setting a
precedence here. This is the first one, so she felt that they need to stop and think what
they allow because we will have a lot more coming through. So the Planning
Commission needs to set their standards now.
Chairman Mazza commented that the Planning Commission did discuss this issue, not for
this project, but the item in question. When the Planning Commission reviewed the
design standards for duplexes, multi-family units and the use of vinyl siding was talked
about and the Planning Commission had a lot of concerns about that. The standards do
not allow the use of vinyl siding for new construction and he knew the comment was
made by Commissioner Sheridan, and the other Planning Commissioners agreed, that
they hated to see that changed for renovation units. He said the Planning Commissioners
seem to have pretty good thoughts as to why they don’t want it on new units, and his
feelings are that he would rather not see it used on the renovated projects either.
PLANNING COMMISSION ACTION
Commissioner O’Connor, seconded by Commissioner Sheridan, moved that site plan SP54-98-10 for Trailridge Apartments be denied, for the reason that he doesn’t approve the
use of vinyl siding. Motion to deny was carried 7-2, with Commissioners Bedora and
Sawyer voting against denial.
Item No. 10
SP-26-97-8: consider REVISED site plan to include revised building materials
for the 61st STREET TOWNHOMES in the 11300 block of 61st Street. Request
submitted by Hoelting Builders Associates.
EXPLANATION OF ITEM
Planning Director Paul Chaffee explained that the applicant requests revised site plan
approval for exterior building materials to be used on the 61st Street Townhome project,
located in the 11300 block of West 61st Street. Initial approval of the project was made
in 1995, with a revision changing the units from four-plexes to three-plexes in 1997. The
approved site plan indicated the use of masonite lap siding, painted beige, on all
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October 19, 1998
elevations of the townhome units. No other building material was proposed to be used on
the structures. The applicant has requested that the Planning Commission approve the
use of Variform Brand clay colored vinyl siding, “Dutch Lap” in style, instead of the
masonite lap siding.
Staff has advised the applicant of the building material standards adopted by the Planning
Commission for use in the construction of new multi-family residential units. The most
recently approved projects have included a variety of materials on at least the front
elevation, instead of masonite siding only. The applicant has poured the foundations, and
is ready to begin construction of the structures. The applicant has submitted a letter
indicating that some single family residents in the immediate area of the townhomes have
recovered their homes with a vinyl material. The applicant feels that since this is an infill project, this type of material is appropriate.
Staff notes that the approved landscape plan for the development indicated the retention
of numerous trees on the site, as well as the provision of new landscaping along 61st
Street, as well as in front of the residential buildings. The developer has graded the entire
site removing all existing trees, including those indicated to remain. Prior to the issuance
of a full or temporary occupancy permit, the applicant shall submit a revised landscape
plan indicating the planting of an equal number of trees indicated to remain on the site
exceeding the minimum requirements for planting of new trees. These trees shall be in
addition to the new trees indicated to be planted on the landscape plan. Regardless of the
decision relating to the use of vinyl siding, staff feels this condition should be added to
the previous approval.
An approved change for the use of materials has no effect upon other conditions of
approval which remain in place regarding this project.
RECOMMENDATION
The Planning Commission shall decide whether the vinyl siding is a suitable material to
be used on new construction of the 61st Street Townhomes, located in the 11300 block of
61st Street. If the Planning Commission decides that the vinyl siding is acceptable for
this remodeling project, staff recommends approval of the revision to SP-26-97-8, subject
to the following conditions:
1.
The renovation shall be constructed as depicted on the approved site plan;
2.
The applicant shall submit a revised landscape plan indicating planting additional
trees as outlined in the staff report; and
3.
The site plan is subject to City Council review until 5:00 p.m. Thursday, October
22, 1998.
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October 19, 1998
In the event the Planning Commission does not approve the use of vinyl siding material,
the applicant shall be required to construct the units as approved under SP-26-97-8, and
submit a revised landscape plan as outlined in the staff report.
PUBLIC DISCUSSION
The applicant had nothing to add to staff’s presentation.
Howard Van, 16201 W. 63rd Street, stated he is the property manager for the
property adjacent to the east of this project. He asked if they should have received
any kind of notification regarding any changes to the structure next door. Planning
Director Paul Chaffee explained that there is no notification for revised site plans.
Mr. Van noted that staff has said this was a three-plexes but the drawing showed
four-plex. Mr. Chaffee responded that the drawing indicated for the four-plex was
because when staff told the developer to revise the site plan, he took the four-plex
drawing and scratched out where it said, “masonite siding” and put “vinyl siding”.
The units are three-plex units.
Mr. Van had a question regarding the recent heavy rains. He said a lot of drainage
came off the subject project onto his property next door. He knows the final
drainage isn’t done yet, so they were concerned. He said Mr. Chaffee had
mentioned some fill-in, additional trees, that were going to be added to the
property, and was wondering if there was anything available to show him what
they are planning.
Chairman Mazza advised that the revised tree plan has not been submitted yet.
PLANNING COMMISSION DISCUSSION
Commissioner Boettcher asked if staff knew why all the trees were scraped.
Madeline Chaney responded that apparently, it was an oversight.
Commissioner Sheridan commented that she still believes we need to stand firm on
the building standards that the City worked so hard to get.
Commissioner Boettcher concurred with Commissioner Sheridan’s comments.
PLANNING COMMISSION ACTION
Commissioner Sheridan, seconded by Commissioner Boettcher, moved for denial of
Revised SP-26-97-8, for revisions to site plan for the 61st Street Townhomes, subject to
submittal of the revised landscape plan as outlined in the staff report. Motion to deny was
carried 7-2, with Commissioners Bedora and Sawyer voting against denial.
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October 19, 1998
Item No. 11 - OTHER BUSINESS
(1)
Planning Director Paul Chaffee filled in the Planning Commission on the
Woodland Creek situation, at Woodland and Johnson Drive.
(2)
Planning Director Paul Chaffee advised that the City Council has requested the
Planning Commission review the lighting height standards.
(3)
Planning Director Paul Chaffee discussed building materials being used for
commercial projects. He encouraged Planning Commissioners to view recent
projects to see if they preferred the use of pre-tinted block as opposed to painted
block. Architecturally, the pre-tinted block lends itself to better architectural
detail. It also provides a sharper appearance. He noted staff is encouraging the
use of the pre-tinted block, as cost-wise, it is comparable to painted block, and the
waterproofing sealants have improved greatly over the past few years to further
reduce the impact of salts and other minerals staining the block.
ADJOURNMENT
There being no further business to come before the Commission, Commissioner Bedora,
seconded by Commissioner Boettcher, moved for adjournment. The motion was carried
unanimously and the meeting adjourned at 8:38 p.m.
Pat Sullivan
Recording Secretary