Shawnee Planning Commission
TUESDAY, January 19, 1999
MINUTES
The Shawnee Planning Commission meeting was called to order by Bob Mazza, Chairman,
at 7:36 p.m. Present at the meeting were: Commissioners Bedora, Gentry, Jenkins, Land,
Mazza, Sawyer and Sheridan (arrived 7:40 p.m.). Absent were: Commissioners Boettcher,
Duckworth and O'Connor. Also present were Paul Chaffee, Director of Planning; and
Chris Gralapp, Assistant Planner.
The Pledge of Allegiance was recited.
Item No. 1
Consider January 4, 1999, Planning Commission Minutes.
PLANNING COMMISSION ACTION
Commissioner Bedora, seconded by Commissioner Sawyer, moved that the January 4,
1999, Planning Commission Minutes be approved as written. Motion was carried 5-0-1,
with Commissioner Land abstaining.
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 Bedora, seconded by
Commissioner Land, moved that Consent Items 2 & 3 be approved, subject to staff
recommendations. Motion was carried unanimously 6-0.
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Item No. 2
PrePlat-3-99-1; FP-4-99-1: consider preliminary and final plat of MARTHA’S
CREEK, 2ND PLAT, for 1 single family lot in the 7200 block of Mize Road. Request
submitted by Campbell, Barber, Lambeth & Associates for Joseph and Martha
Bichelmeyer, owners.
EXPLANATION OF ITEM
This was a consent item.
The applicant requests approval of a preliminary and final plat of one residential lot in the
7200 Block of Mize Road. The application is submitted by Jerry Pruitt of Campbell,
Barber, Lambeth & Associates for Joseph and Martha Bichelmeyer, owners.
RECOMMENDATION
Staff recommends approval of PrePlat-3-99-1 and FP-4-99-1, the preliminary and final
plats of Martha’s Creek, Second Plat, for development of one single family residential lot
in the 7200 Block of Mize Road, subject to the following:
1.
The final plat of the property shall be filed of record prior to issuance of any
building permits;
2.
Open space fees in the amount of $200 shall be paid prior to issuance of any
building permits, in accordance with SMC 12.14;
3.
Payment of the excise tax in the amount of $7,000 will be required prior to the plat
being signed by the mayor;
4.
The applicant will be required to submit, with the required recording fee, a
Covenant of Non-Opposition to the creation of benefit districts for the future
improvement of Mize Road. The covenants and applicable fees shall be submitted
with recording copies of the final plat;
5.
The applicant shall improve the road ditch within the Mize Road rights-of-way, in
accordance with the Shawnee Manual of Technical Specifications and Design
Criteria, prior to issuance of any building permits;
6.
The driveway approach and culvert shall be designed and built according to the
Shawnee Manual of Technical Specifications and Design Criteria, including the use
of asphalt pavement within the right-of-way;
7.
Prior to the issuance of building permits, the applicant shall submit a letter report,
prepared by a registered engineer, which shows that no drainage inadequacies exist
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within 1,000 feet downstream of the subject site, and pay the applicable detention
fee of $250;
8.
A revised final plat showing the exact width and location of all drainage easements
shall be submitted to the Planning Department prior to the plat being reviewed by
the City Council;
9.
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;
10.
Telephone, electric, and cable service pedestals are required to be placed within side
or rear yards, as required by Policy Statement PS-24;
11.
The applicant shall submit, with recording copies of the final plat and the required
recording fee, a Covenant of Non-Opposition to the creation of a benefit district for
the future extension of sewers; and
12.
A computation plat shall be provided with the recording copies of the final plat.
PRELIMINARY AND FINAL PLAT REVIEW
1.
The undeveloped 8.3-acre site is zoned AG (Agricultural) and is being split from a
larger 26-acre unplatted tract to the south. Property to the north is zoned RS
(Residential Suburban) and AG; property to south, east and west of the lot is zoned
AG.
2.
To the north of the site, are two lots, an earlier phase of Martha’s Creek, that are
being developed with single family homes. Property immediately west of the
subject tract, across Mize Road, is unplatted and developed with residences on
tracts of 1 to 7 acres. Tracts to the east and southeast of the subject tract were
divided prior to annexation into the City of Shawnee, and generally have lot sizes of
1 to 5 acres.
3.
The Land Use Guide of the Comprehensive Plan anticipates low density and rural
residential land uses for the area around Mize Road; thus the request is in
compliance with the plan.
4.
The subject 8.3-acre tract is being subdivided into one lot. The lot meets the bulk
requirements of the AG district (minimum lot area of 5 acres; minimum lot width of
200 feet). The lot is very deep in proportion to width, which is an inefficient way of
using the land within the Subdivision. Ideally, lots should have a width-to-depth
ratio of no more than 1:3; the plat’s width-to-depth ratio is 1:5. At the same time,
however, the western part of the property is covered by a drainage easement for a
tributary of Clear Creek and the eastern portion of the property is covered by a
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drainage easement for Clear Creek, making a large portion of the property
unbuildable.
Access to the lot will be provided from Mize Road, which is designated as a major
collector street. Mize Road is improved to a 24-foot-wide asphalt road, without
curbs or gutters and thirty (30’) feet of right-of-way. This plat will dedicate five
(5’) additional feet of right-of-way, bringing the total to thirty-five (35’) feet, the
minimum required right-of-way for a collector road.
5.
All bulk requirements for the AG zoning district have been satisfied. Front yard
setbacks are platted at fifty (50’) feet, side yards shall be a minimum of thirty (30’)
feet in width and the total width of both side yards shall be a minimum of one
hundred (100’) feet; the rear yard is required to be a minimum of fifty (50’) feet in
depth.
6.
Open space fees in the amount of $200 shall be paid prior to issuance of any
building permits, in accordance with SMC 12.14.
7.
The plat is subject to the provisions of SMC Chapter 12.28 (Street Excise Tax).
Payment of fees in the amount of $7,000, based on a maximum rate of $7,000 per
lot, will be required prior to the plat being signed by the mayor.
8.
The applicant will be required to submit, with the required recording fee, a
Covenant of Non-Opposition to the creation of future benefit districts for
improvements to Mize Road. The covenants and applicable fees shall be submitted
with recording copies of the final plat.
Under the provisions of the new Street Excise Tax ordinance, the tax collected with
this plat would apply against any future assessments for road improvements for
which this property would be subjected, in the event that Mize Road is improved.
9.
Engineering staff has determined that permanent street improvements, as set forth in
SMC 16.16.060, will not be required for those portions of the site abutting Mize
Road. The applicant will be responsible for improving the road ditch within the
rights-of-way, prior to issuance of any building permits.
The "reconstructed" ditches and culverts shall be designed and constructed in
accordance with the Shawnee Manual of Technical Specifications and Design
Criteria, to include the appropriate grade and slope. Driveways will be required to
be asphalt within the right-of-way. The design will also include the culvert size for
each new driveway, based upon the grade of the re-established ditch section. If
confining the re-established ditch within the right-of-way is not possible, an
exclusive drainage easement per APWA criteria must be provided along the street.
A Right-of-Way Work Permit (Form A) is required prior to commencing
construction of the driveway entrances or installing the culverts.
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January 19, 1999
10.
The driveway approach and culvert needed for this lot must be designed and built
according to the Shawnee Manual of Technical Specifications and Design Criteria.
The driveway is restricted to an asphalt pavement within the right-of-way. Besides
the culvert under the approach, another driveway culvert may be needed to cross the
creek that parallels Mize Road. A Right-of-Way Work Permit (Form A) is required
prior to commencing construction of the driveway culverts.
11.
This subdivision is subject to the provision of SMC 12.24 (Stormwater Detention
Facilities). Prior to the issuance of a building permit, the applicant shall submit a
letter report, prepared by a registered engineer, which shows that no drainage
inadequacies exist within 1,000 feet downstream of the subject site, and pay the
applicable detention fee of $250.
12.
A tributary of Clear Creek is on the western portion of the site and Clear Creek
flows through the eastern part of the site. The exact width of the drainage easement
on the east side of the property has not been determined. The applicant shall submit
a revised final plat and a reduction showing the exact size and location of all
drainage easements prior to the plat being considered by the City Council.
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.
13.
The submitted preliminary plat shows existing utilites (overhead power lines,
telephone, gas and water) are within and adjacent to the Mize Road right-of way.
Utility easements, 10 feet in width, are also shown on the north and east, in
accordance with SMC 16.16.040.
14.
Telephone, electric, and cable service pedestals are required to be placed within side
or rear yards, as required by Policy Statement PS-24, unless specifically waived or
varied by action of the Governing Body.
15.
Sewer service is not currently available to this site. The applicant will be required
to submit, with the required recording fee, a Covenant of Non-Opposition to the
creation of a benefit district for the future extension of sewers. The covenants and
fees shall be submitted with recording copies of the final plat.
16.
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 both lots. The centerline miles of the newly
dedicated streets shall also be shown.
PLANNING COMMISSION ACTION
Item No. 2, PrePlat-3-99-1 and FP-4-99-1, preliminary and final plat of Martha’s Creek, 2nd
Plat, was approved as a Consent Agenda item, on page one.
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REPEAT OF CONSENT AGENDA MOTION:
Noting there were no other comments and no deletions, Commissioner Bedora, seconded by
Commissioner Land, moved that Consent Items 2 & 3 be approved, subject to staff
recommendations. Motion was carried unanimously 6-0.
Item No. 3
FP-5-99-1: consider final plat of HIGHLAND GARDENS NORTH, 1ST
REPLAT, for 16 single family lots at 60th and Richards. Request submitted by
Campbell, Barber, Lambeth & Associates for Highland Gardens Venture.
EXPLANATION OF ITEM
This was a consent item.
The applicant requests final plat approval for Highland Gardens North First Replat, a 16-lot
single family residential subdivision, located at 60th Street & Richards Drive. The
application is filed by Rick Walker of Campbell Barber Lambeth and Associates for
Highland Gardens Venture.
RECOMMENDATION
Staff recommends approval of FP-5-99-1, final plat for Highland Gardens North, First
Replat, located at 60th and Richards Drive, subject to the following conditions:
1.
Recording of the final plat prior to issuance of any building permits;
2.
Two (2) copies of the Homes Association and Deed Restrictions be submitted with
the final plat for recording at the applicant's expense;
3.
Payment of the $3,400 open space fee prior to recording of the plat or $200 per lot
prior to issuance of a building permit;
4.
Payment of the excise tax prior to the mayor signing the recording copies of the
final plat;
5.
All public improvements shall be designed and constructed in accordance with the
Shawnee Manual of Technical Specifications and Design Criteria;
6.
The proposed streets within this phase of development shall be designed according
to the Shawnee Manual of Technical Specifications and Design Criteria, with the
exception of the cul-de-sac length. All streets shall be improved to local residential
standards;
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January 19, 1999
7.
Preliminary street and stormwater collection plans shall be submitted to the City
Engineer prior to recording of the plat. The developer shall submit street lighting
plans or pay a street lighting fee of $14,000 based on $3,500 per light, prior to the
recording of the plat;
8.
Individual final street, stormwater collection and street lighting plans (if necessary)
shall be submitted to, and approved by, the City Engineer prior to any construction;
9.
Erosion control measures, to be approved by the Engineering Division, shall be in
place during construction. After construction, all disturbed primary yards shall be
sodded;
10.
All stormwater detention final plans shall be submitted and approved by the
Engineering Division prior to submission of recording copies of the final plat;
11.
All utilities shall be underground and all utility junction boxes shall be located in
side or rear yard areas, except for Lots 7-12 where utilities may be underground in
front yards, provided that prior to recording of the final plat, the applicant shall
provide staff with a landscape plan indicating the location and type of screening for
utility junction boxes in the front yard areas. Such landscaping shall be planted
prior to final occupancy of the residences;
12.
Approval of all water main and fire hydrant locations by the Fire Chief and
installation prior to issuance of any building permits;
13.
The applicant is responsible for paying for City-installed street-name signs; and
14.
A computation plat shall be submitted with the recording copies of the final plat.
FINAL PLAT REVIEW
1.
The property is zoned R-1 (Single Family Residential). The land in all directions is
zoned R-1. The land to the south, east and west is developed with a mixture of
duplexes and single family homes that are part of Highland Gardens, Westwind
Estates, and Santa Fe Ridge subdivisions. The single family homes to the north of
the plat are set on larger unplatted lots. Duplex units are situated on three of the
four lots immediately to the south of the site and a fourth duplex unit is further to
the south on East Richards Drive.
2.
The Land Use Guide of the Comprehensive Plan anticipates low density residential
land uses for this area, thus the request is in compliance with the plan. The final
plat is also in substantial compliance with the preliminary plat approved by the
Planning Commission at its May 4, 1998, meeting. The difference between the
previously approved final plat and this final plat is the reduction of one lot (from 17
to 16) to allow for an on-site stormwater detention basin.
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3.
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The plat provides for 16 lots on 5.3 acres, resulting in a gross density of 3.0
dwelling units per acre, meeting the guidelines for low density residential use as
outlined in the City’s Comprehensive Plan. Lots sizes range from 9,019 square feet
to 16,541 square feet. Minimum lot frontage is seventy-five feet (75') at the street
or at the building line along curves and within cul-de-sacs, meeting the minimum
size requirements in the R-1 zoning district. The area will be accessed by two culde-sacs, East and West Richards Drive, that intersect with 60th Street. The
applicant is proposing a tree preservation easement along the backs of Lots 6-13.
This easement will not allow any grading or clearing of trees unless the trees are
diseased or dead.
This plat will vacate an existing governmental power line easement that was part of
Highland Gardens North. Vacating the easement allows the applicant more useable
land area to develop and better flexibility to locate lots.
4.
Bulk requirements have been satisfied. Front yard setbacks are platted at thirty-five
(35’) feet, side yards shall total twenty (20%) percent of the lot width with no less
than seven (7') feet per side, and rear yards are required to be a minimum of thirty
(30’) feet in depth.
5.
Open space requirements are applicable. The $3,400 fee shall be paid in a lump
sum prior to recording of the plat or $200 per lot prior to issuance of a building
permit.
6.
The plat is subject to the provisions of SMC Chapter 12.26 (Street Excise Tax).
Payment of the tax in the amount of $19,162.04, based on 8.3 cents per developable
square foot, will be required prior to the mayor signing the final plat. If the plat is
not recorded within 60 days of the second publication date of the revised excise tax
ordinance, the applicant could owe as much as $30,014.92 under the excise tax.
7.
Both internal streets shall be improved to local residential street standards. The
streets shall 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, except that the City Council, at its meeting on
August 10, 1998, stated their concurrence with the two cul-de-sacs being longer
than the City’s maximum cul-de-sac length of 500 feet.
The existing East and West Richards Drive were not built in the center of the rightof-way. This plat will center the streets in their respective rights-of-way with a 12:1
taper. It is also noted neither street is built to current residential standards. The
streets are curbed, but there is no stormwater collection system. Stormwater
collected in the curbs currently runs off the neighborhood into the proposed plat.
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Although sidewalks were not built in the adjoining portion of Highland Gardens,
they are required on one side of the street in this subdivision, and their location is
shown on the plat.
8.
Street lights are required along all internal streets; however, no more than four
lights will be required for this project. Under Policy Statement PS-18, developers
of subdivisions that require under five (5) street lights may pay a street light fee
based on $3,500 per required light in lieu of installing a City-owned system.
Otherwise, the proposed 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.
9.
An enclosed stormwater drainage system is required to convey all overland and
gutter flows exceeding 8 c.f.s. during a 10-year storm. The proposed system shall
be designed in accordance with the minimum design criteria as set forth in the
Shawnee Manual of Technical Specifications and Design Criteria.
10.
The plat is subject to SMC Chapter 12.24, which pertains to the construction and
maintenance of on-site stormwater detention facilities. Originally, the applicant
purposed satisfying this requirement by improving all drainage inadequacies within
1,000 feet of the site. The applicant was unsuccessful in acquiring the necessary
off-site easements to improve the drainage channel. Thus, this revised plat is
showing the elimination of one lot and the reduction of another to provide on-site
detention. Engineering staff has reviewed the plans for the detention area and are
satisfied that these plans will meet the requirements of SMC 12.24.
11.
Telephone, electric and cable service facilities are to be placed within rear and side
yards as required by Policy Statement PS-24, with the exception of Lots 7-12. For
those lots, utilities are to be placed within the right-of-way and not within
easements adjacent to the right-of-way.
12.
Prior to recording of the final plat, the applicant shall provide staff with a landscape
plan indicating the location and type of screening for utility junction boxes in the
front yard areas. Such landscaping shall be planted prior to final occupancy of the
residences on the above-mentioned lots.
13.
The area disturbed within the subdivision will not be more than five acres, so the
applicant will not need to apply for an Environmental Protection Agency National
Pollutant Discharge Elimination System permit (Construction Activity Form 1)
from the Kansas Department of Health.
14.
Erosion control measures shall be undertaken during construction. An erosion
control plan, to be approved by the City Engineer, shall be approved prior to the
issuance of a grading or building permit. Such measures are to be in place prior to
commencing any construction. The applicant is responsible for maintaining the
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erosion control measures until all home-building has been completed. Following
construction, all disturbed parts of the primary yard must be covered with sod in
accordance with SMC 17.57.035.
15.
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 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. The applicant must obtain a Public
Improvements Permit (Form C) prior to commencing any construction of any public
improvements.
16.
All water main and fire hydrant locations shall be approved by the Fire Chief and
installed prior to issuance of any building permits.
17.
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. 3, FP-5-99-1, final plat of Highland Gardens North, 1st Replat, 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 Bedora, seconded by
Commissioner Land, moved that Consent Items 2 & 3 be approved, subject to staff
recommendations. Motion was carried unanimously 6-0.
Commissioner Sheridan arrived so the vote total will change to seven.
NEW BUSINESS
Item No. 4
TO BE TABLED TO TUESDAY, FEBRUARY 16, 1999, AT APPLICANT’S REQUEST:
Z-14-97-10; SUP-4-98-5: Tabled at the December 7, 1998, meeting: 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
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January 19, 1999
Planning Director Paul Chaffee explained that the applicant requests rezoning of a five
(5) acre tract at the northeast corner of Johnson Drive and Woodland from RS
(Residential Suburban) and PI (Planned Industrial) to CN (Commercial Neighborhood)
and a special use permit to allow gasoline sales in conjunction with a commercial facility
at Johnson Drive and Woodland. The applicant is Thomas M. Crilly, owner.
The applicant has requested this item be tabled to the February 16, 1999, Planning
Commission meeting. Action taken by the City Council to reaffirm their denial of
commercial rezoning to the west of this tract was completed on January 11, 1999. The
applicant has requested the item be tabled to complete work on the site plan, since the
Council has resolved the above mentioned issue.
RECOMMENDATION
Staff recommends this item be tabled to the February 16, 1999, meeting.
PLANNING COMMISSION ACTION
Commissioner Jenkins, seconded by Commissioner Sawyer, moved that Z-14-97-10 and
SUP-4-98-5 for Tom Crilly be tabled to February 16, 1999. Motion to table was carried 70.
Item No. 5
THE FOLLOWING ITEM TO BE WITHDRAWN AT APPLICANT’S REQUEST:
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
Planning Director Paul Chaffee explained that 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 withdrawn.
RECOMMENDATION
Staff recommends this item be withdrawn.
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PLANNING COMMISSION ACTION
Commissioner Bedora, seconded by Commissioner Sawyer, moved that SUP-7-98-10, SP-4798-10, PrePlat-61-98-10 and FP-62-98-10 for All-Star Storage be withdrawn at the request of
the applicant. Motion to withdraw was carried 7-0.
Item No. 6
TO BE TABLED TO FEBRUARY 1, 1999, AT APPLICANT’S REQUEST:
Z-19-98-10; PrePlat-83-98-12; SP-61-98-12: consider rezoning from AG
(Agricultural), RE (Residential Estates) and R-1 (Single Family Residential) to CN
(Commercial Neighborhood), site plan and preliminary plat for SHAWNEE
SOUTH, a shopping center proposed to be 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
Planning Director Paul Chaffee explained that the applicant requests that this item be tabled
to the February 1, 1999, meeting in order to finalize their application submittal. A letter
from the applicant is attached.
RECOMMENDATION
Staff recommends the Planning Commission table consideration of Z-19-98-10, PrePlat-8398-12 and SP-61-98-12 to the Planning Commission meeting of February 1, 1999, as
requested by the applicant.
PLANNING COMMISSION ACTION
Commissioner Sheridan, seconded by Commissioner Land, moved that Z-19-98-10,
PrePlat-83-98-12 and SP-61-98-12 for Shawnee South be tabled to February 1, 1999.
Motion to table was carried 7-0.
Item No. 7
FP-2-99-1: Tabled at the January 4, 1999, meeting: consider final plat of MAURER
WOODS, for 17 single family lots at 56th Terrace and Maurer Road. Request submitted
by Shafer, Kline & Warren for Hoelting Enterprises.
EXPLANATION OF ITEM
Assistant Planner Chris Gralapp explained that the applicant requests final plat approval of
Maurer Woods, a 17-lot single family residential subdivision located at 56th Terrace and
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Maurer Road. The application is filed by Daryl Taylor, of Shafer Kline & Warren, for
Hoelting Enterprises, owner.
FINAL PLAT REVIEW
1.
The site is a 40-acre tract of land located on the west side of Maurer Road a quarter
mile north of Johnson Drive, and is zoned RE (Residential Estates). Land to the
west, south, and southeast of the site is zoned AG (Agricultural); to the southwest,
the land is zoned RS (Residential Suburban). The City of Lake Quivira is to the
north and northeast of the site.
2.
The site is currently undeveloped and heavily wooded with extreme slopes
(exceeding 15 percent). Single family homes that are part of the Quivira Estates
Addition in Lake Quivira are to the north and northeast; single family homes on
large unplatted lots are to the east and southwest. Land to the south and west is
undeveloped and heavily wooded.
3.
The Comprehensive Plan designates the area as appropriate for low density
residential development. The area is being platted at a rural residential intensity,
because of the steep terrain of the site. The final plat is in substantial compliance
with the approved preliminary plat, PrePlat 81-98-12.
4.
The applicant is proposing a 17-lot subdivision on 40 acres. Access to the
subdivision will be from Maurer Road, designated on the circulation plan as a local
street. Lot sizes are between 1.7 acres to 3.0 acres, gross density of 0.43 units per
acre.
The applicant is proposing to vacate that portion of Maurer Road north of 56th
Terrace and south and west of the Shawnee City Limits with the recording of the
final plat. The portion of Maurer Road within the city limits of Lake Quivira will
be vacated by a separate document. Staff has received correspondence from the
City of Lake Quivira stating no objection to this street vacation. Staff has not
received any documentation from the utility companies that operate in the area
about the street vacation. Such documentation shall be submitted prior to recording
of the final plat.
5.
All bulk requirements for the RE zoning district have been satisfied. Minimum lot
frontage is 160 feet at the street or at the building line along curves and cul-de-sacs.
Front yard setbacks are platted at fifty (50’) feet, side yards shall be a minimum of
twenty-five (25’) feet in width and the total width of both side yards shall be a
minimum of seventy-five (75’) feet; the rear yard is required to be a minimum of
fifty (50’) feet in depth.
6.
The site is subject to SMC 12.24 (Stormwater Detention Facilities), pertaining to
construction and maintenance of on-site stormwater drainage improvements. Onsite detention would normally be required because the site is greater than 20 acres.
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However, this site lies directly upstream from Lake Quivira’s 100-year floodplain.
Therefore, the applicant may comply with these regulations by submitting a letter
report prepared by a registered engineer that provides calculations showing that no
drainage inadequacies exist between the site and the floodplain, and paying a
detention fee of $4,250; or (2) correcting those existing downstream drainage
inadequacies and paying the prescribed detention fee; or (3) providing on-site
detention facilities.
The applicant has submitted the letter report stating that no downstream drainage
inadequacies exist. The drainage calculations in the report show that there will be
an increase of approximately 9 c.f.s. from the subject tract. The study shows that
the depth of the water 1,000 feet from the site will only increase by less than 0.1
feet due to the development.
Furthermore, the applicant has talked with John Miller from Lake Quivira
Incorporated about stormwater runoff from the western portion of the site. This
stormwater will flow under Lakeshore West Street in Lake Quivira. Lakeshore
West Street is more than 1,000 feet away from the site, hence the drainage
structure(s) under the road are not covered by the letter report. The applicant has
agreed to work with Lake Quivira to resolve any problems that additional runoff
may create in regards to Lakeshore West Street. If the drainage issues with Lake
Quivira cannot be resolved, then the developer will provide on-site detention for the
western portion of the site.
7.
The stormwater drainage system proposed for this development shall be designed in
accordance with the minimum design criteria as set forth in the Shawnee Manual of
Technical Specifications and Design Criteria. The applicant is showing the
location of all necessary drainage easements, but the necessary widths have not been
determined yet. The applicant shall submit a final plat and a reduction showing the
needed drainage easement widths prior to the plat being reviewed by the City
Council.
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.
8.
In order to preserve as many existing trees as possible, the applicant shall submit a
tree preservation plan with the recording copies of all finals plats indicating the
approximate location where homes will be built on the lots and how the trees
outside of this building envelope will be saved. Prior to commencing grading
activities, the applicant shall erect orange construction fencing around those areas
where trees will be preserved. Such plans for individual lots shall also be filed with
applications for building permits.
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January 19, 1999
9.
Open space fees in the amount of $3,400 ($200 per lot) are applicable. The
applicant shall pay the fee in a lump sum or on a per lot basis prior to issuance of
building permits, as provided by SMC 12.14.
10.
The applicant will be responsible for making temporary improvements to Maurer
Road between Johnson Drive and the south boundary of the plat. The
improvements will include overlaying the street with three inches of asphalt to a
width of twenty-two (22’) feet, where asphalt currently exists and remains when the
public improvements are completed. Where there is only a gravel surface, eight
(8”) inches of asphalt will be required. Eight (8”) inches of asphalt will also be
required for those areas where widening the existing street pavement to provide a
minimum width of twenty-two (22’) feet is necessary.
If widening Maurer Road disturbs the existing road ditches, then these ditches will
need to be re-established. If confining the re-established ditches within the right-ofway is not possible, then an exclusive drainage easement per APWA criteria must
be provided along the street.
The applicant will also make permanent improvements to the west half of Maurer
Road adjacent to the subdivision. The required improvements include 11.5 feet of
full-depth asphalt, curb and gutter, a sidewalk, and street lights. The existing east
half of the road will be improved, where necessary, with a three-inch overlay and
widening the street to a minimum pavement width of 22 feet. Any pavement
widening of the east half of the road will require full-depth asphalt.
11.
The plat is subject to the provisions of SMC Chapter 12.26 (Street Excise Tax).
Payment of the tax in the amount of $129,475.42, based on 8.3 cents per
developable square foot to a maximum amount of $7,000 per lot, will be required
prior to submitting the recording copies of the plat. Since all the temporary
improvements are required for a local street, no credit towards the excise tax can be
given for those improvements. If the plat is not recorded with the Johnson County
Register of Deed by April 1, 1999, the applicant could owe as much as $138,224.39
under the excise tax.
12.
All internal streets shall be improved to local residential standards. The streets shall
be designed in accordance with SMC Section 16.16.020 and the Shawnee Manual
of Technical Specifications and Design Criteria, except that the City Council, at its
meeting on December 28, 1998, stated their concurrence with the three cul-de-sacs
being longer than the City’s maximum cul-de-sac length of 500 feet. The Council
also concurred with the applicant’s request to allow street grades in excess of 10%
(up to 12%) for the cul-de-sacs.
13.
The applicant shall be responsible for reconstructing the two driveway approaches
to the Maher’s property. The northern driveway will need to be realigned to provide
the proper angle of approach to the street. A design for the two driveways must be
approved by the Mahers and by City Engineering staff prior to the plat being
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recorded. The applicant will be responsible for submitting a copy of any temporary
construction easement required to realign the driveways, along with the applicable
recording fee, to the Planning Department with the recording copies of the final
plat.
14.
Individual preliminary street and stormwater drainage plan-profile sheets need to be
submitted to the Engineering Division for approval prior to making the recording
copies of the final plat. The applicant also needs to submit an overall conceptual
street lighting plan and preliminary stormwater detention plan at that time.
15.
The applicant is responsible for submitting to Engineering staff individual final sets
of street, stormwater drainage and detention, and street lighting plans for approval
prior to commencing construction of any public improvements. All public
improvements, including streets, stormwater drainage and detention, and street
lights, will be built in accordance with the requirements set forth in the Shawnee
Manual of Technical Specifications and Design Criteria. The applicant shall obtain
a Public Improvement Permit (Form “C”) prior to commencing any construction of
any public improvements.
16.
Erosion control measures are required for all land disturbing activities. Therefore, a
rough grading and siltation control plan approved by the City Engineer, shall be
submitted prior to the issuance of a grading or building permit.
The rough grading and siltation control plan must accurately show contours at twofoot intervals of the existing ground elevation and details of area drainage and
terrain, including identification of areas with slopes greater than 33 percent. The
plan shall also show contours at two-foot intervals of the finished ground elevations
to be achieved by the proposed grading, plus typical cross-sections for drainage
channels, and maximum depth of fill material below or within fifteen (15’) feet of a
proposed building or structure.
The rough grading and siltation control plan must show the proposed placement of
erosion control measures, and standard details for such measures. The applicant is
responsible for installing the erosion control measures on the plans prior to
commencing any construction and for maintaining such measures throughout
construction. Engineering staff may require such additional measures in the field,
including the construction of temporary diversion channels and siltation basins, at
such locations as may be necessary to retain eroded material on the site. All
disturbed areas must be covered with sod, or seed and mulch, immediately
following the completion of final site grading.
17.
The area disturbed within the subdivision will be greater than five acres, so 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. The applicant shall submit a copy of the application
to the Engineering Division prior to the issuance of a grading permit.
Shawnee Planning Commission
18.
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January 19, 1999
The City Council granted a waiver of Policy Statement PS-24 to allow placement
of utility service pedestals within front yards of all seventeen lots. The applicant
shall submit, with the recording copies of the final plat, a sample landscaping plan
for screening the pedestals.
In addition to the standard utilities, the lots will be served by a low-pressure sanitary
sewer system with grinder pumps.
No utility easements are shown on the final plat. The applicant shall verify that no
utility easements are needed, and that all utilities will be in street right-of-way. If
such easements are needed, they shall be shown on the recording copies of the final
plat, along with any and all dimensions needed to locate the easements in the field.
19.
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
area, in square feet, of the individual lots. The centerline miles of the newly
dedicated street shall also be shown.
RECOMMENDATION
Staff recommends approval of FP-2-99-1, the final plat of Maurer Woods for development
of a 17-single family residential subdivision at 56th Terrace and Maurer Road, subject to
the following conditions:
1.
The applicant shall submit a revised final plat showing the location and width of all
necessary drainage easements prior to the plat being reviewed by the City Council;
2.
The final plat shall be recorded prior to issuance of any building permits;
3.
All lots shall be served by a low-pressure grinder system as approved and
constructed by the Johnson County Unified Wastewater Districts;
4.
Two (2) copies of the Homes Association and Deed Restrictions be submitted with
the final plat for recording at the applicant's expense;
5.
Open space fees in the amount of $200 per lot shall be paid prior to issuance of any
building permits, as provided by SMC 12.14;
6.
Maurer Road, adjacent to the subdivision, shall be improved as specified in the staff
report;
7.
The applicant shall supply the Planning Department with letters from all companies
with utilities in the area stating they have no objection to the vacation of the portion
of Maurer Road north of the subdivision prior to recording the final plat;
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January 19, 1999
8.
The applicant shall pay the applicable excise fee before submitting the recording
copies of the final plat;
9.
All internal streets will be improved to local residential standards. The proposed
streets within this phase of development shall be designed according to Shawnee
Manual of Technical Specifications and Design Criteria, except as waived or varied
by the Shawnee City Council;
10.
The applicant shall realign the two driveways to the Maher property as part of the
public improvements. Plans for the drives must be approved by the Mahers and the
Engineering Division prior to the plat being recorded;
11.
Applicant comply with SMC 12.24, Stormwater Detention, by correcting any
downstream drainage inadequacies within 1,000 feet of the site and paying a fee of
$4,250;
12.
Individual preliminary street and stormwater detention and a conceptual lighting
plan shall be submitted to the City Engineer for approval prior to making the
recording copies of the final plat;
13.
Individual final sets of street, stormwater drainage, and street lighting plans shall be
submitted to the City Engineer for approval prior to construction;
14.
All public improvements shall be designed and constructed in accordance with the
Shawnee Manual of Technical Specifications and Design Criteria, except as
specifically varied or waived by action of the City Council. A Public Improvement
Permit (Form “C”) shall be received prior to commencing any construction of any
public improvements;
15.
A sample landscaping plan be submitted to the Planning Department, prior to the
plat being recorded, to show how the utility pedestals will be screened;
16.
Erosion control measures shall be shown on the grading plans and shall be in place
prior to commencing any construction;
17.
A copy of the application and the Environmental Protection Agency National Pollutant
Discharge Elimination System Permit shall be filed with the Engineering Division prior to
issuance of a grading permit;
18.
All water main and fire hydrant locations shall be approved by the Fire Chief and
installed prior to issuance of any building permits;
19.
The applicant shall be responsible for the cost of City-installed street name signs;
and
20.
A computation plat shall be provided with the recording copies of the final plat.
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January 19, 1999
Mr. Gralapp explained that there was a letter in front of the Commissioners from John
Miller and also Mr. Jim Lambeth’s response to the lettered report prepared by Shafer,
Kline & Warren. Because of the conditions outlined in the presentation, Mr. Miller has
asked that an additional condition be attached to the approval of this project, that the
developer reach an agreement with Lake Quivira on drainage improvements prior to the
plat being recorded. Planning staff has no objections to this condition being included
with the approval of the project.
QUESTIONS FROM COMMISSION
Commissioner Gentry asked if Mr. Gralapp was saying that Lake Quivira correctly has an
existing problem with drainage in that area that was prior to what is going in now. Mr.
Gralapp responded that was correct, adding that it will only get worse as more
development happens in Shawnee.
Commissioner Gentry noted that it is not a matter that they are at capacity right now; that
they have problems, and asked if the City knew what was the extent of the problem. Mr.
Gralapp responded that basically the culverts under Lakeshore Drive are not adequate to
handle the flow as it exists currently. He pointed out the whole area that is undeveloped
and where part of the watershed will drain. He said it isn’t a problem today. Maurer
Woods doesn’t create a problem, but it is part of a future problem that is going to happen
to Lake Quivira.
Commissioner Bedora asked how long the current culverts had been in Lake Quivira.
Mr. Gralapp responded that John Miller should be able to answer that question.
PUBLIC DISCUSSION
Daryl Taylor, of Shafer, Kline & Warren, stated that he had read the staff report, the
stipulations, and agree with them. He said the only thing he would ask if whatever they
work out with Lake Quivira that the City would consider reducing or giving the developer
credit on the detention fee that he owes the City. He talked to the Engineering staff today
about it, and they said they would look at it. He said that was the only concern he had.
Commissioner Gentry asked the applicant if he were in agreement with the stipulation by
the City that they need to work something out with Lake Quivira. Mr. Taylor responded
yes, they certainly didn’t want to contribute to any existing problems downstream. If
there are already problems there, in the future after the development is made, then
somebody could always come back on them (Shafer, Kline & Warren) and try to blame
them for that; so they want to try and work with Lake Quivira.
John Miller, General Manager of Quivira, Inc., wanted to send his appreciation to the
Planning Commission and the City staff for their cooperation. It has been a nice
experience working with them and trying to work something out between two
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January 19, 1999
neighboring cities. He said he has also been very pleased with the cooperation displayed
by Mr. Hoelting and Mr. Taylor and others who are working with Mr. Hoelting on this
and trying to work out something that will solve the problems that they anticipate, or
could reasonably anticipate, with not only this development but downstream. He said he
thought that Chris Gralapp had already covered a lot of their concerns and he wouldn’t go
through all those again. He reiterated that they would like the Planning Commission to
approve this with a condition that it not be filed with the County until they can work out
an arrangement with the developer that will address the storm drainage concerns that they
anticipate down the road.
Commissioner Bedora asked how long the current storm drainage has been in tact. Mr.
Miller responded that the two culverts that go under Lakeshore Drive at that location have
probably been there for 40 years perhaps. He said he didn’t really know exactly.
Commissioner Bedora asked Mr. Miller if it was correct that based on the letter he read,
the resolution to this problem is expanding the drainage culverts. Mr. Miller responded
that there are at least a couple of possible solutions. One would be to increase the size of
the culverts themselves. He stated that a bigger concern of theirs would be the flow
upstream from that location, particularly in the western portion of the two watersheds the
development drains to. Mr. Miller continued that as had been pointed out by Mr.
Lambeth in the letter, there are at least two properties in Lake Quivira that are upstream
from that west watershed that, although today are not experiencing a problem, with
increased flow, could very well experience a problem. The correct answer in the west
basin may very well be some sort of detention facility. He stated that they had a report
done over ten years ago of the entire watershed area that flows into Lake Quivira, and that
report indicated the future need for a detention facility in the area where the west side of
the Maurer development will drain. He said it is more than just increasing the size of the
culverts into the lake; it is controlling flow upstream from that location as well.
Commissioner Bedora asked Mr. Miller what he anticipated Mr. Hoelting being capable
of doing in this particular situation. Mr. Miller responded that he didn’t have a single
solution for it, but he would hope that they could come up with a means, perhaps a
contribution toward construction of a detention facility. He said he would hope that this
would set a precedent for future development within those two drainage basins to help to
alleviate the problems they experience. He said they have to work together as
neighboring communities to try to lessen the impact. He said he knew that the City of
Shawnee has an ordinance which allows them to collect funds to offset drainage
problems, and he wanted to work with the City to alleviate those problems.
Commissioner Bedora asked Mr. Miller if he was saying that he wanted Shawnee to share
in the funding of his drainage scenarios. Mr. Miller responded, “whether it be on Lake
Quivira property, on Shawnee property,” he thought that was correct, that he would like
to see Shawnee work with them, as well as the developers work with them, to control the
runoff to prevent problems from occurring.
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January 19, 1999
Commissioner Gentry commented that there are already problems occurring and it sounds
like in this situation everybody is very amiable and this will probably work out. But
looking at this in the different context of setting a precedent, he is a little concerned that
any efforts to alleviate the drainage problem would also include the existing problem. He
stated his question was if it will be a collaborative effort in resolving this problem, or was
Mr. Miller expecting that the developer would take care of any and all problems that
currently exist or may exist, based on their development.
Mr. Miller responded no, he expected it to be a collaborative effort. He said that they
recognize that there are existing problems, adding that they have lived with some serious
runoff problems from the entire watershed, not just these two particular channels.
PLANNING COMMISSION DISCUSSION
Commissioner Bedora asked staff what has been our experience in the past and how have
we dealt with the situations in the past relative to sharing any problems.
Planning Director Paul Chaffee responded that the only other city we have worked with is
Lenexa, and in some situations, we still have collected the fees, and depending on where
that detention basin ended up being built or where those improvements were made, either
we have made a payment to Lenexa to offset what our fee would be that we collect, or
they have made payments to us to assist in situations like that.
Mr. Chaffee continued that the other option, and Mr. Hoelting had that option, was to
provide detention on his property rather than having free flow. It appears Mr. Hoelting is
willing to work with Lake Quivira to have a free flow, and it is in our best interests to do
improvements downstream rather than just collecting it and that water still going into the
same situation. As others develop in the watershed, they may do on-site detention
themselves which helps Lake Quivira on down the line if the water is being detained, it
pays you to make the payments and not provide on-site detention and certainly that would
provide additional funds to make those improvements downstream, whether they be in
Shawnee or Lake Quivira.
Commissioner Bedora asked if it has been the normal course of business for the City to
make those agreements, as opposed to each individual developer. Mr. Chaffee responded
that was correct.
Commissioner Bedora asked if that would be better in this case in terms of working
together. Mr. Chaffee responded that in this case, what the City needs to do is have Mr.
Hoelting agree to help resolve some of these issues and then the City has that agreement
in hand. Rather than all of a sudden the developer saying they want to file a final plat and
they are not going to do any improvements and the city has to come up with the funds to
do the needed improvements on their own. He thought to get the initial agreement before
the plat is recorded, the developer understands that he is going to assist in making
stormwater improvements.
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January 19, 1999
Commissioner Bedora responded that he agreed to that, but he was thinking for
consistency, convenience, and for kind of an independent approach to it, that we, as a
city, might be better off collecting the funds and making that agreement directly with the
developer and dealing with those types of issues time and time again.
Mr. Chaffee responded that he thought it was important to keep the developer involved as
he wants to get his plat filed. He added that the letter is that there is some kind of
agreement reached, and that may be what the agreement is, that the developer pays the
City and then the fee is passed on for those improvements. Mr. Chaffee added that in this
situation, where you have 2-acre lots, there is not going to be a lot of the impervious
surface that you would have in a more traditional subdivision. In a sense, by keeping it in
a more natural state, we are assisting in reducing the amount of runoff also.
Commissioner Sheridan asked if there were any ramifications to the City on the vacating
of Maurer Road, both by the developer and Lake Quivira. Mr. Chaffee responded no.
Mr. Gralapp added that if the City does not vacate it, it is a road that is going to go
nowhere. Lake Quivira sent the City a letter saying that it is their intention to never
improve Maurer Road, so it would be a road that just dead-ends at the City limits if we
don’t vacate it.
Commissioner Gentry commented that his question centers around the stipulation itself.
Hypothetically, the developer and Lake Quivira cannot reach an agreement as called for
by this stipulation and the developer simply says that he wants to pay the City and let the
City deal with it, does that still meet the stipulation or will that have to be agreed upon by
Lake Quivira as well. Mr. Chaffee responded that he would imagine what would happen
is if it would reach that point, the applicant would bring the plat back to the Planning
Commission and say this is where we are and ask if they want to amend the stipulation
and proceed from there.
PLANNING COMMISSION ACTION
Commissioner Jenkins, seconded by Commissioner Sawyer, moved for approval of FP-299-1, final plat of Maurer Woods, subject to the 20 staff recommendations, and including
two more recommendations: (21) as a condition of approval of the final plat, the
developer will reach an agreement with Lake Quivira on storm drainage improvements
prior to final plat being recording with Johnson County; and (22) recommendations made
with this approval that detention fees be offset to the extent possible commensurate with
the water detention measures taken by the applicant. Motion was carried 7-0.
Item No. 8 - OTHER BUSINESS
(1)
Paul Chaffee advised that at Tomahawk Car Wash, there has been some problems
with the cars backing onto 75th Street; so staff notified the Police Department, who
visited with the owner, and will be monitoring that situation to make sure that we
don’t have the backup on 75th Street. When the special use permit was last
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reviewed, they indicated they would be having someone directing the cars to go on
through the parking lot rather than out onto the street.
(2)
The Planning Commission and staff discussed Riverfront Park.
ADJOURNMENT
There being no further business to come before the Commission, Commissioner Jenkins,
seconded by Commissioner Sheridan, moved for adjournment. The motion was carried
unanimously and the meeting adjourned at 8:17 p.m.
Pat Sullivan
Recording Secretary