CITY PLANNING COMMISSIONpublic.wycokck.org/sites/planning-agendas-minutes...The fifteen (15) minutes...

September 14, 2020 1

CITY PLANNING COMMISSION

September 14, 2020

Minutes

NOTE: The Board of Zoning Appeals meeting, and City Planning Commission meeting were recorded in one session; therefore, the time stamp on these minutes will continue from the Board of Zoning Appeals meeting. Meeting begins at 1:30. The City Planning Commission met in regular session on Monday, September 14, 2020, at 7:35 p.m., (via Zoom Webinar or telephone) with the following members present: Mr. Jeff Carson, Chairman Presiding, Mrs. Karen Jones, Vice Chairman, Ms. Brandie Armstrong, Mr. James Connelly, Mr. Jim Ernst, Ms. Joanne Huey, Mr. Jake Miller, Mr. Mark Mohler, and Ms. Susannah Pauley (Absent: Cho and Reasons). Mr. Gunnar H. Hand, AICP, Director of Planning, Ms. Janet L. Parker, CSC/APC, Executive Assistant, Mr. Byron Toy, AICP, Lead Planner, and Mr. Patrick Waters, Assistant Counsel, were also present. Chairman Carson called the meeting to order at 7:35 p.m. Recording Secretary Parker read the Planning Commission Statement: “We would like to welcome those participating by telephone or Zoom to the meeting of the City Planning Commission. Due to the COVID-19 crisis, the members are participating remotely by Zoom Webinar. Mr. Jeff Carson is serving as chairman this evening. Please note the following instructions for the meeting:

1. If you are joining by Zoom Video, please make sure you have an appropriate background and plan to stay visible during the meeting.

2. When speaking, if you have not been announced by the Chairman, you must use the raise your hand feature and wait to be unmuted by the Chairman.

3. Planning Commission Members - Use the raise your hand feature to speak, unmute your microphone when it is your time to speak and please state your name when you begin to speak. If you need to recuse or if you need a personal break, use the raise your hand feature.

4. If you have called in by telephone only or if you are having trouble logging into the Zoom meeting, please email [email protected] as Secretary Parker is monitoring that email.

5. Proper meeting decorum is expected of all participating in the meeting and anyone who fails to act properly may be removed from the meeting. The City reserves the right to discontinue a meeting if any improper behavior occurs which prevents the uninterrupted conduct of business.

The Planning Commission is a voluntary body of citizens, which will review each zoning proposal. For all change of zones, special use permits, vacations, and preliminary plan reviews on tonight’s agenda, the Planning Commission makes recommendations to the Unified Government Board of Commissioners, who will then make the final decisions on Thursday, October 1, 2020. For final plats and final plan reviews heard tonight, the

mailto:[email protected]


Planning Commission’s decision is final and there will not be another hearing. The format for this evening’s meeting is as follows:

1. The applicant will make the opening statement explaining the proposal. Please note that the applicant will be given fifteen (15) minutes to present their case. The fifteen (15) minutes includes the applicant, consultants and other members of the applicant’s team.

2. Members of the Planning Commission will then address any questions they may have to the applicant. Any persons wishing to speak in favor will be called upon and allowed to do so at that time.

3. Then those persons in opposition will be called upon and allowed to make their statements and ask questions. Please note that each member of the public who wishes to speak will be given five (5) minutes to express their opinions. Time may not be shared between speakers.

4. A speaker may request to extend their time and the Planning Commission may by two-thirds (2/3) majority vote extend any speaker’s time in five (5) minute increments.

5. The applicant will then answer questions and make a closing statement. 6. The public hearing portion of the meeting will be closed, and the public will

only be allowed to address the Commission if a question is directed to them. 7. The Planning Commission will discuss the application and make their

recommendation.

If persons in opposition want to formally protest a change of zone or special use permit, a means is available by a legal protest petition which can be obtained along with the necessary instructions, by emailing the Urban Planning and Land Use Department at [email protected] tomorrow morning. Any application receiving a unanimous vote of recommendation by the Planning Commission will appear on the consent agenda of the Unified Government Board of Commissioners. Unless there is a request to remove an item from the consent agenda by the applicant, a member of the Unified Government Commission, or other interested parties, the Planning Commission’s recommendation will be adopted. The consent agenda is heard at the beginning of the meeting at 7:00 p.m. The Planning Commission will also have a consent agenda as part of their meeting this evening. The Consent Agenda is the first part of the agenda. Items on the Consent Agenda are Final Plats, Final Plans or Special Use Permit Renewals that have received a staff recommendation to approve. Unless there is a request to REMOVE an item from the Consent Agenda by the applicant, a member of the staff, a member of the Planning Commission or other interested parties, the staff recommendation on all the items on the Consent Agenda will be adopted by the Planning Commission at one time. I will read a list of agenda items on the Consent Agenda, and when I have completed the list the Chairman will ask if there are any requests to remove items. This is your time to use the raise your hand feature, be recognized, and request that an item be removed from the Consent Agenda if you do not agree with the staff recommendation. The Planning Commission is required to disclose contacts about any item on the Planning Commission Agenda. Before each item I will ask if any contacts have been made and members of the Commission will be asked to disclose those contacts.



Please note that your opinions will be forwarded to the Governing Body for their consideration in making a final decision. In addition, those who received notices for this hearing will again receive them for the hearing on Thursday, October 1, 2020. I will now read the items on the Consent Agenda (Starts at ) CONSIDERATION OF THE AUGUST 10, 2020 CITY PLANNING COMMISSION MINUTES.

SPECIAL USE PERMIT APPLICATION #SP-2020-48 – TODD HUFFMAN WITH THE DENT & DETAIL CLINIC – SYNOPSIS: Renewal of a Special Use Permit (#SP-2017-65 – expired 4/26/2020) for an auto body shop at 5015 Gibbs Road. Detailed Outline of Requested Action: The applicant, Todd Huffman, requests a renewal of Special Use Permit SP-2017-65 in order to continue the operation of The Dent & Detail Clinic, an auto body shop at 5015 Gibbs Road. Enforcement Actions History: There is history of one Zoning Enforcement case in 2017 that was resolved by SP-2017-65, CZ 3152, and PR-2018-20. There were 6 Code Enforcement cases in 2017 for vehicles or trash, 1 Code Enforcement case in 2019 for trash, and 1 Code Enforcement case in 2020 for Vehicles without license plates.

SPECIAL USE PERMIT APPLICATION #SP-2020-68 – RAFAEL CASTILLO-CARRERA – SYNOIPSIS: Renewal of a Special Use Permit (#SP-2018-47 – expired 7/26/2020) for the Temporary Use of land to park a work vehicle in the driveway at 2903 Shearer. Detailed Outline of Requested Action: The applicant, Rafael Carrera, is requesting the renewal of a Special Use Permit (SP-2018-47 expired 7/26/20) for a Temporary Use of Land to park a work vehicle in their driveway. The applicant has received no Notices of Violation since their previous approval.

SPECIAL USE PERMIT APPLICATION #SP-2020-75 – TERRY D. MASON WITH POSITIVE ROLE MODELS INTO DEMANDING EXCELLENCE - SYNOPSIS: Renewal of a Special Use Permit (#SP-2018-74 – expires 9/27/2020) for a group home/emergency shelter at 1634 South 29th Street. Detailed Outline of Requested Action: The applicant, Terry Mason with Positive Role Models Into Demanding Excellence is seeking the renewal of SP-2018-74, which expires on 9/27/2020. The Special Use Permit allows for the operation of a group home/emergency shelter for severely emotionally disturbed and CINC (Children In Need of Care) at 1634 S 29th Street. There have been no Notices of Violation issued on this property since the approval of SP-2018-74. The applicant is requesting a five (5) year renewal. SPECIAL USE PERMIT APPLICATION #SP-2020-76 – FARIS FARASSATI WITH KC OUTLOOK ROSEDALE, LLC – SYNOPSIS: Renewal of a Special Use Permit (#SP-2018-75 – expires 9/27/2020) for a day care center at 2605 West 39th Avenue. Detailed Outline of Requested Action: The applicant is requesting the renewal of a Special Use Permit for the purpose of the continued operation of a day care center. The applicant has stated that the property previous to their last renewal was utilized as a day care and that their plans are to renovate the site and operate a day care. It does not appear that the conditions from the previous approval have been met. The applicant has received one (1) Notice of Violation since their previous approval related to the height of the grass and weeds existing on site. The applicant has requested approval for five (5) years.


SPECIAL USE PERMIT APPLICATION #SP-2020-81 – SHERRIE GAYED WITH FRIENDSHIP INN, INC. - SYNOPSIS: Renewal of a Special Use Permit (#SP-2010-35 – expires 9/27/2020) for temporary lodging for families of patients at The University of Kansas Health System at 4146 State Line Road. Detailed Outline of Requested Action: The applicant, Sherri Gayed, is seeking the renewal of SP-2010-35, which expires on 9/27/2020. The Special Use Permit allows for the operation of a temporary lodging facility for the families of patients at the University of Kansas Health System at 4146 State Line Road in the Historic Hanover Heights District. The facility provides beds, hot showers, a kitchen, free wi-fi, laundry facilities, and off-street parking. Due to Covid-19, the home currently is only hosting one family unit at a time. Before Covid-19, the home hosted multiple families at a time. Nine (9) people maximum may stay in the home. Kathy Bradley is the permanent resident and caretaker of the property. Her contact information is: [email protected] , [email protected] 816-505-6339. The original Special Use Permit was obtained in 2000, renewed in 2005 and again in 2010. The applicant is seeking approval for 10 years. There have been no Notices of Violation issued on this property during its time of being operated as temporary lodging facility.

PROJECT SUPERBOWL – LOGISTICS PARK – SYNOPSIS: Final Plat for a business park at 9700 Leavenworth Road. Detailed Outline of Requested Action: The applicant, Scannell Properties #436, LLC applied for a final development plan and final plat for one (1) industrial lot to build a 1,080,936 square foot distribution warehouse on 252 acres at 9700 Leavenworth Road. REPLAT OF LOT 1, PRIME INDUSTRIAL DEVELOPMENT II, Replat to remove vacated easements to allow better use of the property for the warehouse operation by Premier Investments at 1101 South 5th Street. Detailed Outline of Requested Action: The applicant, Wil Anderson with BHC Rhodes, has submitted a Final Plat for the PRIME INDUSTIRAL DEVELOPMENT II, Lot 1. The replat is being requested in order to remove vacated easements to allow better use of the property for warehouse operations. PLAN REVIEW APPLICATION #PR-2020-12 – LA DENA WASHINGTON WITH ALTAR SUPPORT, INC. – SYNOPSIS: Final Plan Review for a day care facility at 9151 Parallel Parkway. Detailed Outline of Requested Action: The applicant would like to build a new daycare facility center in R-1 Single Family Residential District. The applicant has received a Special Use Permit for the use and variance for reduced parking requirements, and now seeks approval of a final development plan. PLAN REVIEW APPLICATION #PR-2020-21 – EDUARDO REYES WITH JP MORGAN CHASE – SYNOPSIS: Final Plan Review for a drive-up ATM in the parking lot at 10940 Parallel Parkway. Detailed Outline of Requested Action: The applicant, Eduardo Reyes with JPMorgan Chase, has submitted a Final Plan Review for a remote, drive-thru ATM in the parking lot of the applying commercial property. The applicant has proposed that the location of the ATM be in front of the commercial building and close to Parallel Parkway. Under Section 27-576(i) of the Commercial Development Guidelines Overlay District, drive-up and drive-through facilities, bank teller windows, and money machines must be located on the side or rear of primary structures to minimize views from public streets, and drive-up and drive-through lanes should be not located between the front of the primary structure and the adjacent streets or sidewalks. The proposed plan places the drive-thru ATM between the commercial building on the parcel and Parallel Parkway. This requires the City Planning Commission to allow an exception to the Commercial Design Guidelines Overlay District.




PLAN REVIEW APPLICATION #PR-2020-22 – KYLE ROSE WITH ROSE PROPERTY MAINTENANCE, LLC – SYNOPSIS: Final Plan Review for a contractor’s office and shop with storage yard at 1908 South 74th Street. Detailed Outline of Requested Action: The applicant, Kyle Rose with Rose Property Maintenance, has submitted a final development plan for the development of a contractor’s office and shop with a storage yard.

PLAN REVIEW APPLICATION #PR-2020-23 – SHAUN COFER WITH SCANNELL PROPERTIES #436 LLC – SYNOPSIS: Final Plan Review for Phase 1 of the business park at 9700 Leavenworth Road. Detailed Outline of Requested Action: The applicant, Scannell Properties #436, LLC applied for a final development plan and final plat for one (1) industrial lot to build a 1,080,936 square foot distribution warehouse on 252 acres at 9700 Leavenworth Road.

PLAN REVIEW APPLICATION #PR-2020-25 – JEFFREY SHINKLE WITH BCS DESIGN, INC. – SYNOPSIS: Final Plan Review for the addition of a liquor store at 9801 Parallel Parkway. Detailed Outline of Requested Action: The applicant is requesting a Final Plan Review for the purpose of a liquor store addition to an existing convenience store. The approximately 1,600 square foot liquor store addition will be attached to the North side of the existing convenience store, but it will not share a common entrance with said convenience store. Staff calculated the parking required for both the convenience store and the liquor store and it was confirmed that the Applicant meets both parking standards and ADA parking standards. The applicant has received no Notices of Violation. The items I have just read are on the Consent Agenda. At this time, does any member of the Commission wish to disclose any contact on any of the items?” No one responded in the affirmative. “Please include the following items as part of the record for all of the Items on the Consent Agenda:

1. The City’s currently adopted zoning and subdivision regulations; 2. The official zoning map for the area in question; 3. The City’s currently adopted Master Plan for the area in question; 4. The staff report and attachments dated September 14, 2020; 5. The application and other documents, plans, pictures and maps submitted by the

applicant in furtherance of the case and contained in the official file; 6. The publication in The ECHO for the Special Use Permits; and, 7. The notices to property owners.

The Commission will vote to approve in one vote these items unless someone requests that an item be removed from the Consent Agenda.” Chairman Carson asked if anyone wanted to remove an item from the Consent Agenda. (No one responded in the affirmative.) On motion by Mr. Miller, seconded by Ms. Huey, the Planning Commission voted as follows to APPROVE the items on the Consent Agenda: Carson Chairman Armstrong Aye


Cho Not Present Connelly Aye Ernst Aye Huey Aye Jones Aye Miller Aye Mohler Aye Pauley Aye Reasons Not Present Motion to APPROVE Passed: 8 to 0 Subject to: #SP-2020-68:

1. Plant landscaping to shield the view of the vehicle from the street; 2. Must park in rear yard setback behind existing chain linked gate; 3. Must construct a 6’ fence in the rear yard setback along the adjacent parcel; 4. The concrete surface (driveway) must be cleared of all vegetation. Patch all

holes and cracks and resurface the concrete areas as need; 5. No gravel on site; 6. Must maintain a business license with the Business Licensing Department; 7. Subject to approval, a $125.00 ordinance publication fee must be submitted

to the Planning and Urban Design Department (check made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper;

8. The Special Use Permit is not valid for the approved use to be in operation until all the conditions of approval are met. The Applicant acknowledges that both the property owner and the business owner are collectively responsible to ensure that the use of the property is compliant with all ordinances, conditions and other requirements of this approval. Failure to meet all these requirements may result in revocation of this permit. The property may also be subject to enforcement actions and administrative citations; and

9. The Special Use Permit shall be valid for one (1) year from the publication of the associated Ordinance. The Applicant is solely responsible for renewing their Special Use Permit. The Applicant should contact the Planning and Urban Design Department no less than two (2) months prior to the expiration of the permit in order to begin the renewal process. Any application for renewal that is submitted after the expiration date will be considered a new application with the associated application fee and approval term. If the renewal deadline is not met, all operations must cease until such time as a new Special Use Permit is approved.

#SP-2020-75:

1. The maximum number of children in the home shall not exceed six (6); 2. No more than four (4) cars at one time at the location; 3. The four (4) off-street parking spaces are to be utilized before parking in an

on-street parking space. The sidewalk must be kept clear of parked cars;


4. Must obtain a business license; 5. Subject to approval, a $125.00 ordinance publication fee must be submitted

to the Planning and Urban Design Department (checks made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper.

6. The Special Use Permit is not valid for the approved use to be in operation until all the conditions of approval are met. The Applicant acknowledges that both the property owner and the business owner are collectively responsible to ensure that the use of the property is compliant with all ordinances, conditions and other requirements of this approval. Failure to meet all these requirements may result in revocation of this permit. The property may also be subject to enforcement actions and administrative citations.

7. If approved, the Special Use Permit shall be valid for five (5) years from the publication of the associated Ordinance. The Applicant is solely responsible for renewing their Special Use Permit. The Applicant should contact the Planning and Urban Design Department no less than two (2) months prior to the expiration of the permit in order to begin the renewal process. Any application for renewal that is submitted after the expiration date will be considered a new application with the associated application fee and approval term. If the renewal deadline is not met, all operations must cease until such time as a new Special Use Permit is approved.

#SP-2020-76:

1. Sidewalks are required to be installed. Please install a new 5-foot-wide sidewalk on the north/west side of the property along 39th Avenue/Lake Avenue to the western edge of the property. Replace broken sidewalks on the east side of the property and install an ADA ramp at the corner of Springfield and 39th Avenue;

2. Landscaping is required and must be maintained. Please install street trees every 30 feet along Springfield and 39th/Lake Avenue;

3. Provide a Landscaping Plan that meets all code requirements and provides shade for any outdoor play areas;

4. Provide a site plan showing all parking and striping requirements and public improvements;

5. Must comply with Commercial Design Guidelines which state (Sec. 27-573): a. General property maintenance; b. Repaint the building; c. Install a trash enclosure; d. General landscaping and screening; and e. Parking lot improvements.

6. All future signage must be permitted through the Department of Urban Design and Planning;

7. Must maintain a business license with the Business Licensing Department; 8. The Special Use Permit is not valid for the approved use to be in operation

until all the conditions of approval are met. The Applicant acknowledges that both the property owner and the business owner are collectively responsible to ensure that the use of the property is compliant with all


ordinances, conditions and other requirements of this approval. Failure to meet all these requirements may result in revocation of this permit. The property may also be subject to enforcement actions and administrative citations;

9. Subject to approval, a $125.00 ordinance publication fee must be submitted to the Planning and Urban Design Department (check made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper; and

10. The Special Use Permit shall be valid for two (2) years from the publication of the associated Ordinance. The Applicant is solely responsible for renewing their Special Use Permit. The Applicant should contact the Planning and Urban Design Department no less than two (2) months prior to the expiration of the permit in order to begin the renewal process. Any application for renewal that is submitted after the expiration date will be considered a new application with the associated application fee and approval term. If the renewal deadline is not met, all operations must cease until such time as a new Special Use Permit is approved.

#SP-2020-81:

1. If ever returned to a single-family residence, the detached garage will be replaced by the owner. This structure will need to go before the City Landmarks Commission before receiving a building permit;

2. Any renovating, replacement, or expansion will need to go through City Landmarks Commission for review as the house is in the Hanover Heights Historic District;

3. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged as to deflect light away from any adjoining residentially zoned property or from public streets. Direct or sky-reflected glare, from floodlights shall not be directed into any adjoining property. The source of lights shall be hooded or controlled. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that cast light on adjacent residentially zoned property shall not exceed one foot candle as measured from said property line;

4. If approved, applicant must post a copy of the Ordinance granting permission to operate the short-term rental, the expiration date of the Special Use Permit, a copy of the Occupational Tax Receipt, and the property manager’s contact information within the entrance of the area that is rented.

5. No more than 9 people, including the one (1) on-site caretaker allowed at one time;

6. No on-street parking allowed. Must only utilize the five (5) off-street parking stalls;

7. Subject to approval, a $125.00 ordinance publication fee must be submitted to the Planning and Urban Design Department (checks made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the


petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper;

8. The Special Use Permit is not valid for the approved use to be in operation until all the conditions of approval are met. The Applicant acknowledges that both the property owner and the business owner are collectively responsible to ensure that the use of the property is compliant with all ordinances, conditions and other requirements of this approval. Failure to meet all these requirements may result in revocation of this permit. The property may also be subject to enforcement actions and administrative citations;

9. Applicant must keep a current Occupational Tax License with the Business License Department; and,

10. If approved, the Special Use Permit shall be valid for ten (10) years from the publication of the associated Ordinance. The Applicant is solely responsible for renewing their Special Use Permit. The Applicant should contact the Planning and Urban Design Department no less than two (2) months prior to the expiration of the permit in order to begin the renewal process. Any application for renewal that is submitted after the expiration date will be considered a new application with the associated application fee and approval term. If the renewal deadline is not met, all operations must cease until such time as a new Special Use Permit is approved.

Project Superbowl – Logistics Park/#PR-2020-23:

1. Per Business Licensing Department: All occupying businesses will need to file and maintain the occupation tax application with our office for the business activity;

2. The Economic Development Department is facilitating between the Parks Department and the developer to build a trail spur that will connect to Wyandotte County Lake Park from Leavenworth Road and the trail on Hurrelbrink Road;

3. The five (5) foot trail along Hurrelbrink Road may be crushed limestone to protect existing tree stands and topography;

4. A five (5) foot sidewalk is required to be constructed along 99th Street and a ten (10) foot sidewalk is required to be constructed along Leavenworth Road (Regional Trail);

5. A five (5) foot sidewalk shall be constructed on Private Street A from Leavenworth Road, through the parking lot of Lot 1 ultimately connecting to the front door of Building A similar to the Amazon fulfillment center at 6925 Riverview Avenue;

6. Truck traffic on North 99th Street is not permitted. Additional signage shall be posted. Coordination with truck drivers to the distribution center is required;

7. Staff understands there have been discussions with KDKFD, but the change of zone plan that was approved did not include an entry/exit on North 99th Street other than for emergency vehicles only (gated). If a new entrance along North 99th Street is proposed as a secondary ingress/egress, staff needs to re-notice that this petition is a preliminary and final plan;

8. Downspouts shall be internalized;


9. The 250-foot berm along North 99th Street Building B shall be preserved during the construction of Building A. The berm does not affect the screening of Building A, but cutting into the berm’s slope will most definitely affect the visibility of Building B for the residents west of North 99th Street;

10. All overstory trees shall be at least two (2) inch caliper when planted. All ornamental trees shall be at least two (2) inch caliper when planted. All evergreens shall be at least six (6’) feet when planted. All shrubs shall be five (5) gallons when planted;

11. Landscaping shall be irrigated except for all native/xeriscaping locations;

12. Landscaping is required to screen all parking areas and service entries. This includes perimeter parking and the trash enclosure; (a) All trash receptacles shall be enclosed with a screening wall or

fence constructed of the same materials as the primary structure. The screen must be a minimum of six (6) feet in height on all sides and designed with the gate facing away from streets or adjacent land uses. All screening materials must be well maintained at all times.

13. BPU transformer pad shall be completely screened on three (3) sides with 6-foot junipers setback (3) feet from the pad and ten (10) feet from the door opening. Additionally, if the transformer doors open towards the parking lot, the 10-foot setback is established in the parking lot, therefore the gate/enclosure shall be constructed in front of the transformer;

14. All utility connections, this includes green electrical boxes and free-standing electrical meters must be screened with landscaping or an architecturally designed screen wall. All utilities mounted on the wall must be painted to match the building. Rooftop mechanical equipment shall be screened from public view by an architectural screen (not perforated);

15. Mechanical equipment or other utilities whether on the ground or mounted on the building shall be screened from public view. The screening shall either be dense landscaping with a minimum of six-foot (6’) evergreens or an architectural wall constructed from the same materials as the main building;

16. Mechanical equipment or other utilities whether on the ground or mounted on the building shall be screened from public view. The screening shall either be dense landscaping with a minimum of six-foot (6’) evergreens or an architectural wall constructed from the same materials as the main building;

17. All lighting whether mounted on the building or installed in the parking lot shall have 90-degree cutoff fixtures; and,

18. Shall comply with the sign ordinance. 19. Shall comply with Planning Engineering and Public Works standards

and regulations. Replat of Lot 1, Prime Industrial Development II:

1) Satisfactory completion of all Development Review Committee (DRC) meeting(s);


2) Compliance with all DRC requirements; and 3) Planting trees at a 1:15,000 square foot ratio as allowed by Section 27-

700(4). #PR-2020-12:

1. Remove from the plans the 25’ Side Yard Setback (Corner) on the west side. This would not be considered a corner side yard as the adjacent drive is a private drive and is not a public street. This would be a standard side yard setback;

2. Remove from the landscape plan any plant details that will not be planted. For example, any plant specifications for which Quantity is “None”;

3. With the revised site plan, some of the dimensions are missing. Update site plan to show dimensions of paving and building setbacks, driving aisles, and parking stalls.

4. Update site plan to include a 10ft sidewalk along Parallel Parkway the length of the property with a 5 ft sidewalk connection to the internal sidewalk network and building;

5. The North side is now the most visible side from Parallel Parkway. Additional architectural elements should be incorporated to make this more aesthetically pleasing; such as: variation in building (adding bumpouts), variation in roofline, real or faux windows, or material variation;

6. Add an ADA crosswalk connecting the south parking lot ADA spaces to the front entrance of the building;

7. Plant additional trees along the private drive in coordination with the new sidewalk to shade and protect the outdoor play area: and,

8. Must comply with the Commercial Design Guidelines including materials and glazing. These guidelines are reviewed further at the time of permitting by the Development Review Committee.

#PR-2020-21:

1) Pedestrian access must be provided from Parallel Parkway to the ATM kiosk, either through a separate, second ATM or through pedestrian-friendly and ADA-compliant infrastructure, including, but not limited to, sidewalks, a pedestrian-oriented ATM kiosk, and painted crosswalks across the parking lot; and

2) For the purpose of landscaping, the applicant must plant two (2) trees on the parking lot island around the ATM, in a species and size as allowed by the Department of Parks and Recreation and to the standards of the Commercial Development Guidelines Overlay District.

#PR-2020-22:

1) Special Use Permits must be obtained for the use of shipping containers as storage units if ever added in the future;

2) All signage must be adhered to the sign code and be properly permitted; 3) Trees must be provided at not less than one per 10,000 square feet of site

area. Six (6) - foot high architectural screening in combination with a buffer


area is to be provided alongside rear and front property lines common to or across an alley from residentially zoned property; and,

4) A total of 12 parking spaces as one (1) space is required per every 500 square feet of building area.

#PR-2020-25:

1. Hours of operation (Sec. 4-111): Monday-Saturday 9AM-11PM Sunday 12PM-8PM

2. The Kansas Department of Revenue Division of Alcoholic Beverage Control (ABC) states that a retailer will not be required to maintain a vestibule if it will be selling “other goods and services” exceed 20 percent of its gross sales, the licensed premises, form which such excess sales are conducted. These two businesses may be separated using two outside doors, or through the use of a vestibule or similar method;

3. Provide a landscaping plan in accordance with Commercial Design Guidelines;

4. Provide plans detailing ADA sidewalk requirements for the proposed use, including crosswalk strips and ADA accessible curbs for both Parallel Parkway and North 98th Street. No less than five (5) foot sidewalk;

5. Comply with all Commercial Design Guidelines (Sec. 27-573) including reorienting the front entrance towards Parallel Parkway, as this is a corner lot, consider creating a corner entrance and orienting other architectural features accordingly; and

6. No internal circulation between the liquor store and the convenience store is accessible to the public at any time.

Recording Secretary Parker stated that the Special Use Permits will be heard by the Board of Commissioners on Thursday, October 1, 2020 at 7:00 p.m.

Recording Secretary Parker stated that the Consent Agenda is completed, and the Commission will move to the Non-Consent Agenda. Hearing starts at 1:41:54:

CHANGE OF ZONE APPLICATION #3228 – CHASE THOMPSON – SYNOPSIS: Change of Zone from R-1 Single Family District to A-G Agriculture District for a garden, pond and tree farm at 3100 South 74th Street. Detailed Outline of Requested Action: The applicant, Chase Thompson, is applying for a Change of Zone from R-1 Single Family Residential District to A-G Agriculture District at his property at 3100 S 74th Street. The land is currently undeveloped. In the future, the applicant would like to build a home on the property and use it as their primary residence. They would also like to have a garden, fishpond, and tree farm in the future as a hobby. No commercial activity is proposed for this property. There have been no Notices of Violation on this property. A complaint was received by neighboring property owner, Dale Freed. Mr. Freed states that unauthorized construction has commenced on the property and that appropriate erosion control measures have not been taken. The following items were included as part of the record for this case:

1. The City’s currently adopted zoning and subdivision regulations; 2. The official zoning map for the area in question;


3. The City’s currently adopted Master Plan for the area in question; 4. The staff report and attachments dated September 14, 2020; 5. The application and other documents, plans, pictures and maps submitted by the

applicant in furtherance of the case and contained in the official file; 6. The Notice in the Wyandotte Echo; and, 7. The Notices to property owners.

Recording Secretary Parker asked if the Commission had any contact to disclose on this application. No one responded in the affirmative. Present in Support: Chase Thompson, applicant, 3100 South 74th Street, Kansas City, Kansas

Present in Opposition: No one appeared

Staff Recommendation starts at 1:48:30: Planning Director Hand stated this is an approximately 15 acre property and there are agriculturally zoned properties across the street and adjacent to this property. The applicant does have two (2) other pending change of zones applications that are just under the 5-acre minimum requirement, and he will have corresponding variances for those applications. Director Hand stated that there have been no Notice of Violation (NOV) on this property. The plan at this time is to preserve this property and he may build a house at a future date. He stated that there seems to be some confusion as to what is going on and this issue was brought up late Friday. Staff has not had an opportunity to inspect the property. The sign being placed on the wrong property has also caused some confusion. Staff does know if any permits have been pulled for this property. The neighbors were properly notified of this application and the sign being placed on the wrong property is not required as a part of State Statutes that pertain to noticing. Director Hand showed the Commission the shared driveway on the screen and said that staff did not have a shared easement agreement for its review and will attempt to obtain a copy of that agreement. Motion and Vote starts at 1:52:45: On motion by Mr. Miller, seconded by Mr. Mohler, the Planning Commission voted as follows to recommend APPROVAL of Change of Zone Application #3228: Carson Chairman Armstrong Aye Cho Not Present Connelly Aye Ernst Aye Huey Aye Jones Aye Miller Aye Mohler Aye Pauley Aye Reasons Not Present Motion to RECOMMEND APPROVAL Passed: 8 to 0 Subject to:


1. Must acquire building permits for any structures you may build over 100 square feet;

2. Must acquire a land clearance permit for clearance if the land is to be cleared;

3. Must acquire a grading permit if more than 50 cubic feet of land is moved; 4. A Special Use Permit must be acquired if 50 cubic yards or more of fill

material is being added, unless an active building permit is being used; 5. Subject to approval, a $125.00 ordinance publication fee must be submitted

to the Planning and Urban Design Department (check made payable to the Unified Treasurer) immediately following the Unified government Board of Commissioners meeting. If the check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper;

6. Must obtain a shared access agreement with the property owner to the North at 3020 S 74th Street; and,

7. Must contact KDA - Kansas Division of Agriculture to obtain required permits before using the land for agricultural purposes.

Hearing starts at 1:53:40:

SPECIAL USE PERMIT APPLICATION #SP-2020-58 – CHRISTOPHER T. PHILLIPS – SYNOPSIS: Special Use Permit to store equipment and work trucks on the property at 3201 Pomeroy Drive. Detailed Outline of Requested Action: The applicant, Christopher Phillips, is requesting a Special Use Permit to allow for storage of the applicant’s equipment and work trucks. There is evidence that the applicant is already using the property to store the aforementioned equipment and work trucks, and the applicant was issued a Notice of Violation (NOV) on May 4, 2020 for this storage and use. The applicant has received two (2) other Notices of Violation: an NOV was issued on May 4, 2020 for a gravel driveway that was not paved and for illegal dumping on the property, and an NOV was issued on July 20, 2020 for a 6-foot privacy fence that exceeded the allowable height and level of obscuration. The following items were included as part of the record for this case:


applicant in furtherance of the case and contained in the official file; 6. The Notice in the Wyandotte Echo; and 7. The Notices to property owners.

Recording Secretary Parker asked if the Commission had any contact to disclose on this application. Planner Commissioner Mohler stated that he had a conversation with Commissioner Bynum. Present in Support: Chris Phillips, applicant, 3201 Pomeroy, Kansas City, Kansas


Present in Opposition: Jeff Widener, 3640 Pomeroy Drive, Kansas City, Kansas 66109 James Brennan, 3146 North 77th Street, Kansas City, Kansas 66109 John Alt, 3132 North 77th Street, Kansas City, Kansas 66109 Nancy Bodinson, 3224 Pomeroy Drive, Kansas City, Kansas 66109 Larry Bodinson, 3224 Pomeroy Drive, Kansas City, Kansas 66109 Gordon White 3050 Pomeroy Drive, Kansas City, Kansas 66109 Ferna Widener, 3640 Pomeroy Drive, Kansas City, Kansas 66109 Stephen Nirschl, 3748 Pomeroy Drive, Kansas City, Kansas 66109 Jodee Nirschl, 3748 Pomeroy Drive, Kansas City, Kansas 66109 Marsha Alt, 3132 North 77th Street, Kansas City, Kansas 66109 Paul Constant, 10767 Larkin, Overland Park, Kansas

Staff Recommendation starts at 2:30: Planning Director Hand stated that there is significant opposition to this special use permit. There are currently three (3) Notices of Violation on this property. The first one is for storage of commercial vehicles on the property and that is why the Special Use Permit has been filed. He further stated that over the last several months Staff has seen different types of work trucks on the property as they tried to resolve the NOVs. The information that has been received from the public is attached to the staff report; the pictures shown on the screen were taken by the staff’s Zoning Enforcement Officer during visits to the site. The first violation was being addressed with this Special Use Permit. The second violation is the fence that was placed over the driveway; it has since been removed. The fence also included screening, which has since been removed. The third NOV was for the second driveway, and Mr. Phillips has removed part of that second driveway in the right-of-way but the driveway still exists on the property. The Administrative Citations are what is posted on the property. Director Hand stated that the Zoning Enforcement Officer will follow up with the applicant regarding any confusion on the applicant’s part to resolve all the NOVs. The Fire Department did not have a burn season this year did not give burn permits. At the time the burning on the property was called in, Mr. Phillips did not have water connected to the property. The Fire Department did come out and issued additional citations. He further stated that in the original change of zone Mr. Phillips stated that their intention was to eventually build a house, but they wanted to build an accessory structure. In A-G zoning you can build an accessory structure without a primary structure as long as it is used for agricultural purposes. Because of the history, the delays with staff trying to have the applicant apply for this special use permit over a period of time, and the Notice of Violations, the staff recommends denial. Motion and Vote starts 2:36: On motion by Mrs. Jones, seconded by Mr. Mohler, the Planning Commission voted as follows to recommend DENIAL of Special Use Permit Application #SP-2020-58 for the reasons outlined below by staff, the opposition expressed, and the sentiment expressed by the applicant.: Carson Chairman Armstrong Aye Cho Not Present Connelly Aye Ernst No Huey Aye


Jones Aye Miller Aye Mohler Aye Pauley Aye Reasons Not Present Motion to recommend DENIAL Passed: 7 to 1 For the following reasons:

1) The applicant has repeatedly and flagrantly continued uses that are prohibited without a Special Use Permit, including the storage of heavy machinery and dumping of construction by-products in an AG Agriculture district, even after a Notice of Violation was issued by Code Enforcement;

2) The applicant has repeatedly and flagrantly continued uses that are prohibited without a variance, including the use of an unpaved gravel driveway in an AG Agriculture district, even after a Notice of Violation was issued by Code Enforcement;

3) The incompatibility of the uses requested by this Special Use Permit, SP-2020-58, including the use of the property for storage of heavy machinery and work trucks, which result in vibrations, noise, dust, unduly increased traffic, poor aesthetics, and potential and realized damage to natural resources such as Pomeroy Creek; and

4) The applicant has repeatedly failed to provide Staff with responses to the draft staff report, emailed to the applicant on June 22, 2020.

Hearing starts at 2:37:30: SPECIAL USE PERMIT APPLICATION #SP-2020-78 – JAMIE M. REDIC – SYNOPSIS: Home Occupation Special Use Permit for a single customer salon at 2947 North 83rd Street. Detailed Outline of Requested Action: The applicant is requesting the approval of a Home Occupation Special Use Permit for the purpose of operating a single customer salon at their residence. The applicant has stated that the home is in good condition and that one (1) room in the basement has been converted for use as a salon. The applicant has received no Notices of Violation. The following items were included as part of the record for this case:



Recording Secretary Parker asked if the Commission had any contact to disclose on this application. (No one responded in the affirmative.) Present in Support: Jamie M. Redic, applicant, 2947 North 83rd Street, Kansas City, Kansas



Staff Recommendation starts at 2:41:11: Planning Director Hand stated that this property has not received any Notices of Violation or recorded opposition. This case came to the staff through a business license request and staff recognized, based on what they were proposing to do, that a Special Use Permit for this home occupation was needed. He further stated that the staff applies the same standards as with other home occupations such as no signage, etc. Another stipulation that was added was that all parking would be in the driveway with no on-street parking. The staff recommends approval for two (2) years, subject to the conditions in the staff report. Motion and Vote starts 2:42:10: On motion by Ms. Huey, seconded by Mr. Mohler, the Planning Commission voted as follows to recommend APPROVAL of Special Use Permit Application #SP-2020-78: Carson Chairman Armstrong Aye Cho Not Present Connelly Aye Ernst Aye Huey Aye Jones Aye Miller Aye Mohler Aye Pauley Aye Reasons Not Present Motion to recommend APPROVAL Passed: 8 to 0 Subject to:

1. All parking is to be parked in the six (6) spaces on the driveway, No parking

on streets; 2. No signs are allowed on site; 3. Materials that are stored on site must be done safely, such as in approved

containers, away from food, out of the reach of children, etc.; 4. Must maintain a business license with the Business Licensing Department; 5. No employees are allowed other than members of the immediate family

residing on the premises; 6. Hours of operation Monday-Sunday are to be between the hours of 8AM and

5PM; 7. Subject to approval, a $125.00 ordinance publication fee must be submitted

to the Planning and Urban Design Department (check made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper;

8. The Special Use Permit is not valid for the approved use to be in operation until all the conditions of approval are met. The Applicant acknowledges that both the property owner and the business owner are collectively responsible to ensure that the use of the property is compliant with all


ordinances, conditions and other requirements of this approval. Failure to meet all these requirements may result in revocation of this permit. The property may also be subject to enforcement actions and administrative citations; and

9. The Special Use Permit shall be valid for two (2) years from the publication of the associated Ordinance. The Applicant is solely responsible for renewing their Special Use Permit. The Applicant should contact the Planning and Urban Design Department no less than two (2) months prior to the expiration of the permit in order to begin the renewal process. Any application for renewal that is submitted after the expiration date will be considered a new application with the associated application fee and approval term. If the renewal deadline is not met, all operations must cease until such time as a new Special Use Permit is approved.

Hearing starts at 2:43:00:

SPECIAL USE PERMIT APPLICATION #SP-2020-79 – MAGGIE KITTINGER WITH CHURCH OF SCIENTOLOGY OF KANSAS CITY – SYNOPSIS: Special Use Permit for a dormitory/communal living space at 2220 Central Avenue. Detailed Outline of Requested Action: The applicant, Maggie Kittinger, with the Church of Scientology, is seeking the approval of a Special Use Permit for the purpose of operating a dormitory/communal living space at 2220 Central Avenue for the staff of the church. The staff would reside in the facility and go out into the community each morning to provide classes and services to the public and return in the evening. The following items were included as part of the record for this case:



Recording Secretary Parker asked if the Commission had any contact to disclose on this application. (No one responded in the affirmative.) Present in Support: Maggie Kittinger, applicant, 1805 Grand Boulevard, Kansas City, Missouri

Present in Opposition: Jessica Boling, 2221 Orville Avenue, Kansas City, Kansas 66102 Paul Soptick, 65 South 24th Street, Kansas City, Kansas 66102 and President of

Wyandotte Countians Against Crime

Staff Recommendation starts at 2:49:20: Planning Director Hand stated that there have been no Notices of Violation. He further stated that besides the opposition heard this evening, the staff has not received any other opposition. When the staff reviewed


the floor plans, there was a conflict between what the floor plans were showing and communication with the applicant regarding how many people would be in each room. The staff ended up counting beds in the floor plan and confirmed with the applicant that there would be no more than 50 people living on this property which is currently zoned R-2 Two Family District; a significant amount of density for a R-2 zone. R-2 would allow a small single-family lot or duplex. However, with this Special Use Permit and some of the conditions, the staff is recommending approval for two (2) years. He further stated that the plans showed storage in approximately ten (10) rooms and these rooms appear to overlap with some of what staff understood were currently multi-purpose rooms. The applicant has answered the question, and it is in the staff report, that the only use will be residential living on the site. If there were classes held in the future, it would require a new or amended Special Use Permit. Motion and Vote starts 2:56:45: On motion by Ms. Pauley, seconded by Ms. Armstrong, the Planning Commission voted as follows to recommend DENIAL of Special Use Permit Application #SP-2020-79 due to the number of people that would be living on the site: Carson Chairman Armstrong Aye Cho Not Present Connelly No Ernst Aye Huey Aye Jones No Miller Aye Mohler No Pauley Aye Reasons Not Present Motion to recommend DENIAL Passed: 5 to 3 Hearing starts at 3:01:45:

SPECIAL USE PERMIT APPLICATION #SP-2020-80 – MARY MELOT AND ROBBIN BEEBE – SYNOPSIS: Special Use Permit for a Short-Term Rental/AirBNB at 3716 Springfield Street. Detailed Outline of Requested Action: The applicants, Mary Melot and Robbin Beebe, are seeking the approval of a Special Use Permit for the purpose of operating their single-family residence as an AirBNB/short-term rental. This is not the applicant’s primary residence, but they use it approximately half of the year. There have been no Notices of Violation since the home was built on the property. The following items were included as part of the record for this case:




Recording Secretary Parker asked if the Commission had any contact to disclose on this application. (No one responded in the affirmative.) Present in Support: Mary Melot, applicant, 3716 Springfield Street, Kansas City, Kansas 66103


Staff Recommendation starts at 3:07:02: Planning Director Hand stated that the staff has not received any support or opposition to this application. Also, no Notices of Violation have been issued. It is a short-term rental when the family is not using it. The staff recommends approval for two (2) years, subject to the conditions in the staff report. He stated that he would like to point out a new condition that staff will be including in all short-term rentals. The applicant must post a copy of the Ordinance granting permission to operate the short-term rental, the expiration date of the Special Use Permit, a copy of the Occupational Tax Receipt, and the property manager’s contact information within the entrance of the area that is rented. Motion and Vote starts at 3:09:21: On motion by Mrs. Jones, seconded by Ms. Armstrong, the Planning Commission voted as follows to recommend APPROVAL of Special Use Permit Application #SP-2020-80: Carson Chairman Armstrong Aye Cho Not Present Connelly Aye Ernst Aye Huey Aye Jones Aye Miller Aye Mohler Aye Pauley Aye Reasons Not Present Motion to recommend APPROVAL Passed: 8 to 0 Subject to:

1. The maximum number of guests allowed is seven (7).

2. The maximum number of vehicles allowed is three (3). These all must be parked off-street.

3. If approved, applicant must post a copy of the Ordinance granting permission to operate the short-term rental, the expiration date of the Special Use Permit, a copy of the Occupational Tax Receipt, and the property manager’s contact information within the entrance of the area that is rented.


4. Subject to approval, a $125.00 ordinance publication fee must be submitted to the Planning and Urban Design Department (checks made payable to the Unified Treasurer) within 30 days following the Unified Government Board of Commissioners meeting. If a check is not submitted within 30 days, the petition becomes invalid. The approval will not go into effect until the ordinance is published in the newspaper.

5. The Special Use Permit is not valid for the approved use to be in operation until all the conditions of approval are met. The Applicant acknowledges that both the property owner and the business owner are collectively responsible to ensure that the use of the property is compliant with all ordinances, conditions and other requirements of this approval. Failure to meet all these requirements may result in revocation of this permit. The property may also be subject to enforcement actions and administrative citations.

6. If approved, the Special Use Permit shall be valid for two (2) years from the publication of the associated Ordinance. The Applicant is solely responsible for renewing their Special Use Permit. The Applicant should contact the Planning and Urban Design Department no less than two (2) months prior to the expiration of the permit in order to begin the renewal process. Any application for renewal that is submitted after the expiration date will be considered a new application with the associated application fee and approval term. If the renewal deadline is not met, all operations must cease until such time as a new Special Use Permit is approved.

Hearing starts at 3:10:21: PIPER LAKE NORTH – SYNOPSIS: Final Plat for a housing development at 12500 Hollingsworth Road. Detailed Outline of Requested Action: Applicant, Andrew Riddle with George Butler Associates, has submitted a final plat for the Piper Lake North Plat. The following items were included as part of the record for this case:


applicant in furtherance of the case and contained in the official file; and 6. The Notices to property owners.

Recording Secretary Parker read an email into the record that was received this afternoon: “Madam Secretary for the City Planning Commission - Please advise and share with the Chairman and Director of Planning and Staff: Time: 5:20pm September 14, 2020. Agreement has been reached within the hour, betwe40en the HOA and MSA regarding the transfer of the Lake, Dam and Common Areas. The Colony at Canaan Lake known as Piper Lake HOA will NOT be objecting to the proposed final plat at this evening's Meeting. The parties have reached an acceptable resolution re concerns over the Lake and Dam. Our Thanks to the City Planning Commission and Planning Staff Respectfully submitted by: Dennis Hays member of the HOA Board of Directors,”


Recording Secretary Parker asked if the Commission had any contact to disclose on this application. (No one responded in the affirmative.) Present in Support: Josh Hoppes, 100 South 4th Street, Leavenworth, Kansas Dennis Hays, 4909 North 126th Street, Kansas City, Kansas, member of Piper

Lake Homeowners Association Board of Directors Present in Opposition: No one appeared

Staff Recommendation starts at 3:15:10: Planning Director Hand stated that the staff was going to recommend that this application be held over again in connection with the Planning Commission’s original motion. Considering the testimony by Dennis Hays and the written communication from the HOA, Staff recommends approval. He further stated that in the last communication the Planning Commission asked that the Covenants and Restrictions be included in the staff report, which was done. Motion and Vote starts at 3:16:02: On motion by Mr. Mohler, seconded by Mr. Miller, the Planning Commission voted as follows to APPROVE this Plat: Carson Chairman Armstrong Aye Cho Not Present Connelly Aye Ernst Aye Huey Aye Jones Aye Miller Aye Mohler Aye Pauley Aye Reasons Not Present Motion to APPROVE Passed: 8 to 0 Hearing starts at 3:17:01: PLAN REVIEW APPLICATION #PR-2020-18 – WILLIE LANIER, JR. WITH LANIER UNITED – SYNOPSIS: Preliminary and Final Plan Review for a mixed-use development – multi-family, retail and conference center at 500 Minnesota Avenue, 600 State Avenue and 645 Nebraska Avenue. Detailed Outline of Requested Action: The applicant, Willie Lanier Jr. with Lanier United, is requesting to redevelop the Reardon Center by reducing its size to 15,016 square feet and moving its location and constructing a mixed-use building with ninety-four (94) market-rate apartments and 12,000 square feet ground floor commercial/fitness space at 500 Minnesota Avenue. Additional athletic fields and a surface parking lot will be developed off-site at 600 State Avenue and 645 Nebraska Avenue on a total of 3.05 acres.


The following items were included as part of the record for this case: 1. The City’s currently adopted zoning and subdivision regulations; 2. The official zoning map for the area in question; 3. The City’s currently adopted Master Plan for the area in question; 4. The staff report and attachments dated September 14, 2020; 5. The application and other documents, plans, pictures and maps submitted by the

applicant in furtherance of the case and contained in the official file; and 6. The Notices to property owners.

Recording Secretary Parker asked if the Commission had any contact to disclose on this application. (No one responded in the affirmative.) Present in Support: Willie Lanier, Jr., applicant, 12120 Stateline Road, Leawood, Kansas 66209 Elizabeth Schultz


Staff Recommendation starts at 3:21:15: Planning Director Hand stated that this case has been reviewed before. It came back to the Planning Commission for a preliminary and final plan review because they added additional units to the project and they are still in compliance. This provided staff and the developer an opportunity to work through additional details regarding some of the public improvements along State Avenue. The staff recommends approval subject to the conditions in the staff report. Motion and Vote starts at 3:22:17: On motion by Mr. Miller, seconded by Ms. Armstrong, the Planning Commission voted as follows to recommend APPROVAL of Plan Review Application #PR-2020-18: Carson Chairman Armstrong Aye Cho Not Present Connelly Aye Ernst Aye Huey Aye Jones Aye Miller Aye Mohler Aye Pauley Aye Reasons Not Present Motion to recommend APPROVAL Passed: 8 to 0 Subject to:

1) Per Business Licensing Department: All occupying businesses will need to file and maintain the occupation tax application with our office for the business activity;

2) The Sidewalk and Trails Master Plan designates 5th Street as a Regional Trail, therefore a ten (10) foot sidewalk is required on 5th Street;


3) The alley between the athletic fields and surface parking lot shall be repaved the entire length of the largest parcel;

4) A Register of Deeds recorded copy of the parking agreement for the BPU garage shall be provided to staff prior to the Board of Commissioners meeting on October 1, 2020.

5) North 6th Street and State Avenue intersection is being designed by others (Unified Government) on plans and coordination is ongoing;

6) Downspouts shall be internalized; 7) All landscaping shall be irrigated; 8) Staff will continue to work with the applicant to find an alternative

arrangement for the street trees along 6th Street and Nebraska Avenue; 9) The street improvements along State Avenue between 5th Street and 6th

Street, the preliminary and final plans in addition to the public improvement plans must depict all bulb-outs as landscaped bulb outs and the curb extensions on 5th Street and State Avenue shall be landscaped instead of striped. There may be minor modifications to the landscape bulb outs as the street improvements continue through the building permit process;

10) All shade trees shall be at least 2” caliper. All evergreens shall be at least 6’ in height. All shrubs shall be 5 gallons, external to the site and 3 gallons internal to the development when planted;

11) All lighting, whether mounted on the exterior of parking deck or within the structure shall have 90-degree cutoff fixtures. Light cannot exceed one (1) footcandle as measured from said property line;

12) Only decorative lighting can be used on the exterior of the building(s). No pack lights or flood lights are allowed;

13) Sec. 27-575(g)(3) All trash receptacles shall be enclosed with a screening wall or fence constructed of the same materials as the primary structure. The screen must be a minimum of six (6) feet in height on all sides and designed with the gate facing away from streets or adjacent land uses. At all times, screening materials shall be well maintained;

14) All roof mounted units (mechanical equipment, elevator equipment, etc.) must be screened by the parapet of the building. Perforated metal screen will not effectively shield the equipment from public view;

15) All utility connections must be screened with landscaping or an architecturally designed screen wall. All utilities mounted on the wall must be painted to match the building;

16) All BPU transformer pads and/or generators shall be completely screened on three (3) sides with 6-foot Junipers setback three (3) feet from the pad and 10 feet from the door opening. Additionally, if the transformer doors open towards the parking lot, the 10-foot setback is established in the parking lot, therefore the gate/enclosure shall be constructed in front of the transformer. If this cannot be accomplished, relocation of the transformer may be necessary; and,

17) A separate sign permit application is required for each wall sign and will be reviewed separately for compliance with the Sign Code.

Hearing starts at 3:23:33: VILLAGE EAST/HOMEFIELD PROJECT – SYNOPSIS: Finding of Conformance to the Prairie-Delaware-Piper Master Plan of Redevelopment Project Plan for Project Area 2B, Project Area 3 and Project Area 5 of Star Bond Project Plan at 1111 North 98th Street.


Present in Support: Curtis Petersen, Polsinelli Law Firm


Staff Recommendation starts at 3:27:16: Planning Director Hand stated that there are six (6) project areas within the former Schlitterbahn site and this request is for three (3) of them; nothing is being done outside the existing land use designation. He further stated that the staff does expect a submission for a large portion of this project, which is not one of these project areas, and staff believes this future application will include a Master Plan Amendment. If and when that Land Use Amendment is approved, they will come back before the Planning Commission for a Conformance to Master Plan hearing. He stated that the three (3) project areas submitted this evening conform to the Prairie-Delaware-Piper Master Plan. Motion and Vote starts at 3:28:50: On motion by Mr. Miller, seconded by Ms. Huey, the Planning Commission voted as follows that Project Area 2B, Project Area 3 and Project Area 5 of Star Bond Project Plan conforms to the Prairie-Delaware-Piper Master Plan: Carson Chairman Armstrong Aye Cho Not Present Connelly Aye Ernst Aye Huey Aye Jones Aye Miller Aye Mohler Aye Pauley Aye Reasons Not Present Motion to APPROVE Passed: 8 to 0 Hearing starts at 3:32:53: RIVERFRONT REDEVELOPMENT DISTRICT – SYNOPSIS: Finding of Conformance to the City-Wide Master Plan for Redevelopment Project Plan for Project Area 1 of the Riverfront Redevelopment District at 200 South James Street. Present in Support: Aaron March, attorney representing the applicant



Staff Recommendation starts at 3:35:10: Planning Director Hand stated that the staff has reviewed the request and finds that it is in conformance with the master plan. A Master Plan Amendment to Mixed-Use was approved last month. The staff is also currently reviewing the preliminary site plan, which will come before the Commission as soon as the October meeting. Motion and Vote starts at 3:29:50: On motion by Mrs. Jones, seconded by Ms. Armstrong, the Planning Commission voted as follows that Project Area 1 of the Riverfront Redevelopment District conforms to the City-Wide Master Plan: Carson Chairman Armstrong Aye Cho Not Present Connelly Aye Ernst Aye Huey Aye Jones Aye Miller Aye Mohler Aye Pauley Aye Reasons Not Present Motion to APPROVE Passed: 8 to 0 MISCELLANEOUS: Chairman Carson stated that the Central Area Master Plan will be considered at the October meeting. Director Hand stated that the materials from the Planning Commission training were distributed to the members. Secretary Parker also reminded the Commission to turn in the signed ethics form to her. There being no further business the meeting adjourned at 9:50 p.m.

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