AGENDA OF THE LENEXA PLANNING COMMISSION LENEXA CITY HALL - 12350 W. 87TH STREET PARKWAY LENEXA, KS 66215 FEBRUARY 3, 2014 @ 7:00 P.M. CITY HALL COUNCIL CHAMBERS MINUTES FOR THE MEETING OF JANUARY 6, 2014 CONSENT AGENDA: All matters listed within the Consent Agenda have been distributed to each member of the Planning Commission for study. These items are considered to be routine and will be enacted upon by one motion with no separate discussion. If separate discussion is desired on an item, from either the Planning Commission or from the floor, that item may be removed from the Consent Agenda and placed on the Regular Agenda. 1. 2. Final Plan for Freddy’s Frozen Custard, located at approximately the northeast corner of 87th Street Pkwy and I-435. PL 13-08 F a. Revised Final Plan for Westside Family Church, located at 8500 Woodsonia Road. PL 1402 FR b. Revised Final Plat for Westside Family Church. PT 14-02 FR 3. Revised Final Plat for Canyon Creek Highlands, 2nd Plat, located at Clare Road and 97th Terrace. PT 14-01 FR 4. Deviation request of Section 4-1-C-5-C-3 Roof Design: Schelhammer Residence located at 15140 West 77th Street. DV 14-01 REGULAR AGENDA: PUBLIC HEARING: 1. a. CONTINUED TO MARCH 31, 2014 - Rezoning for Cedar Niles, 1st Plat, located at approximately the northeast corner of 83rd Street and Cedar Niles Road, from NP-O, Planned Neighborhood Office; RP-1, Planned Residential (Low-Density) and RP-3, Planned Residential (Medium-High Density) Zoning Districts to RP-1, Planned Residential (LowDensity) Zoning District. RZ 13-07 b. CONTINUED TO MARCH 31, 2014 - Final Plat for Cedar Niles, 1st Plat, located at approximately the northeast corner of 83rd Street and Cedar Niles Road, in the proposed RP1, Planned Residential (Low-Density) Zoning District. PT 13-16 F PUBLIC HEARING: 2. a. CONTINUED TO MARCH 31, 2014 - Rezoning for Mill Creek Village South, located at approximately the northeast corner of the future Ridgeview Road and Highway K-10, from AG, Agricultural, RP-3, Planned Residential (Medium-High Density) CP-2, Planning Community Commercial and BP-2, Planned Manufacturing Zoning Districts to CP-3, Planned Regional Commercial Zoning District. RZ 13-05 b. CONTINUED TO MARCH 31, 2014 - Companion Preliminary Plan for Mill Creek Village South. PL 13-06 P PUBLIC HEARING: 3. a. CONTINUED TO MARCH 31, 2014 - Rezoning for Prairie Plaza, located in the vicinity south of Prairie Star Parkway and east of the future Ridgeview Road, from AG, Agricultural Zoning District to CP-2, Planned Community Commercial and BP-2, Planned Manufacturing Zoning Districts. RZ 13-08 b. 4. CONTINUED TO MARCH 31, 2014 - Companion Preliminary Plan for Prairie Plaza. PL 13-06 P Staff Reports, informational. ADJOURN IF YOU NEED ANY ACCOMMODATIONS FOR THE MEETING, PLEASE CONTACT HUMAN RESOURCES @ 913/477-7500. KANSAS RELAY SERVICE 800/766-3777. Report to the Planning Commission MEETING DATE: February 3, 2014 CONSENT AGENDA ITEM: 1 PROJECT TITLE: Freddy’s Frozen Custard PROJECT # / REQUEST: LOCATION: APPLICANT: PL 13-08 F - Final Plan In the vicinity of the northeast corner of 87th Street Pkwy and I-435 in the CP-2, Planned Community Commercial Zoning District Kevin Rohner of Uhl Engineering OWNER: Marybelle Investors, LLC, owner of record, Commercial Equity, Inc., purchaser PROJECT HISTORY: The original two acre parcel was rezoned to CP-2 in 1987; a Preliminary Plan reflecting a savings & loan and a convenience store with fuel pumps was denied. In 1995 a request for a nine bay car wash and lube service was recommended for denial by the Planning Commission and withdrawn by the Applicant prior to review by the Governing Body. The Planning Commission approved a Preliminary Plan in 2001 for a Goodyear Action Tire facility; which has since expired. COMPREHENSIVE PLAN RECOMMENDATION FOR AREA: Community Commercial Center – Commercial uses with a combined or total gross leasable area of 125,000 to 400,000 square feet serving a 3 to 6 mile radius. Uses often include general merchandise and have two or more anchor tenants. This area is also overlaid with an Alternative Land Use Star, which speaks of the easy accessibility to I-435 and the close proximity to Center City, lending the site to a wide variety of possible land uses. VICINITY ZONING PATTERN: North: CP-2, Planned Community Commercial Zoning District South: 87th Street Parkway & CP-2, Planned Community Commercial Zoning District East: CP-2, Planned Community Commercial Zoning District West: I-435 & CC, Planned City Center Zoning District VICINITY LAND USE PATTERN: North: Commercial Retail – Sears Outlet South: Low Density Residential – Private farmstead East: Commercial Retail – Taco Bell/McDonald’s Restaurants West: City Center Core - Undeveloped FINAL PLAN ANALYSIS: This proposal is to construct a 3,342 square foot drive-thru restaurant directly west of the existing Taco Bell. The building is to be occupied by “Freddy’s Frozen Custard”, which is a Wichita-based fast casual restaurant concept. The Lenexa store will be the sixth Freddy’s in the Kansas City metro area and is anticipated to employ approximately eight employees at any given time. Expected hours of operation are to be 11 a.m. to midnight every day of the week. SITE LAYOUT: The site consists of approximately 1.06 acres. The restaurant will be accessed from the existing shared cross access drive with the Taco Bell and McDonald’s restaurants to the east, as well as the Sears Outlet to the north. The private drive is accessed from Mauer Road and currently terminates at the western property line of Taco Bell. As part of the Freddy’s project, the private drive will be extended to allow access to Freddy’s parking lot and drive-thru aisle. Sixty degree parking is proposed along the west side of the building. The dumpster enclosure is located along the east side of the building within the drive-thru aisle. The dumpster is angled towards the east to make it easily accessible for a front loader truck. Trash will be picked up during off hours so drive-thru traffic will not be hindered. To provide queuing, a drive aisle has been provided along the south end of the building and wraps around to the east side to gain access to the pick-up window. The UDC requires drive-thru restaurants to provide a minimum of six spaces measured from the order box plus an additional four vehicle queue spaces from the pick-up window with the length of each queuing space being 20 feet. The queuing meets current code. The UDC requires a 50-foot paving/building setback along 87th Street Parkway. A 25-foot deviation is being requested to match and maintain the setbacks already established along 87th Street Parkway by the existing restaurants to the east. Reductions of up to 50% of the required paving/building setback may be considered by the Planning Commission. Staff supports maintaining the existing paving setback and therefore recommends approval of the requested deviation. LANDSCAPE AND BUFFERS: The perimeter planting along 87th Street Parkway and the north bound I-435 ramp is in compliance with the intent of the landscape regulations. A deviation in the paving setback along the north property line is being requested to allow a reduction in the perimeter planting depth along the north property line. When property lines abut a shared private drive, a paving setback of 20 feet is required as measured from the property line and the center line of the driveway easement. The applicant proposes to mitigate the reduction in planting area depth with the use of increased plant material; staff could support a reduction to a minimum of 16 feet. The retaining walls along the east and south sides of the building will be of a matching material as to the existing retaining wall along Taco Bell’s west property line. ARCHITECTURAL COMPATIBILITY: The building is a mix of brick, stone and E.I.F.S. material, with a “Pac-Clad” aluminum roof. Freddy’s signature red & white vinyl awning wraps the front elevation and two sides. The trash enclosure is primarily brick with t capped with stone corners. Exterior lighting consists of red colored goose neck styled wall mounted lights. The building has an outdoor covered seating area to the south side consisting of stone and E.I.F.S. columns and a wrought iron gate. SIGN PROGRAM: The proposed ice cream cone shaped facade signs and letters comply with the UDC. Separate sign permit approval is required prior to the installation of any signage. FIRE DEPARTMENT REQUIREMENTS: All access and drive lanes shall be constructed with heavy-duty asphalt to accommodate heavy fire apparatus. Traffic lane widths shall be verified in both directions using a SU-30 traffic template. Fire lanes and curbs as determined by the Fire Department shall be painted and posted to ensure access and maneuverability for emergency traffic. FINAL PLAN RECOMMENDATION: Staff recommends APPROVAL of the Final Plan including the deviations for the paving/building setbacks along the north and south property lines as described in the Analysis section of the report. Report to the Planning Commission MEETING DATE: February 3, 2014 CONSENT AGENDA ITEM: 2 a and b PROJECT TITLE: Westside Family Church PROJECT # / REQUEST: PL 14-02 FR - Revised Final Plan PT 14-02 FR – Revised Final Plat LOCATION: 8500 Woodsonia Road, in the R-1, Residential Single-Family Zoning District APPLICANT: Matt Schlicht of Engineering Solutions OWNER: Westside Family Church PROJECT HISTORY AND BACKGROUND INFORMATION: In 2004, Final Plans were approved for the first phase of Westside Family Church. Phase 1 consisted of the north 18.71 acres with a 70,000 square foot building, including a sanctuary, activity rooms, multipurpose room, auditorium, administration offices and classrooms. The overall plan showed a one and two-story church facility approximately 168,300 square feet in size, including a 2,200 seat sanctuary, classrooms, activity rooms, multi-purpose room, auditorium, administration offices, and outdoor play and athletic courts. A total of 1,592 parking spaces were to be provided at completion. COMPREHENSIVE PLAN RECOMMENDATION FOR AREA: Public & Open Space – Existing city, county, or state owned properties consisting of either public buildings or open space. VICINITY ZONING PATTERN: North: CP-2, Planned Community Commercial Zoning District South: AG, Agricultural Zoning District East: AG, Agricultural Zoning District West: K-7 Right-of-Way VICINITY LAND USE PATTERN: North: Community Retail – 83rd Street Equities Shopping Center South: Vacant - Undeveloped East: Vacant - Undeveloped West: K-7 Highway REVISED FINAL PLAN ANALYSIS: The Master Plan for Westside Family Church includes a total of 34 acres. Phase II is to consist of a one story 19,775 square foot building addition, for an overall total of 89,779 square feet. The addition will provide for additional worship space on the main floor of the building and revised associated parking. SITE LAYOUT: Phase I of the development was designed as a stand-alone project with regard to setback, buffer, parking, open space and stormwater requirements. This was to ensure compliance if Phase II was never built. With Phase II, the property is being replatted to incorporate sufficient land to allow the development to continue to meet code requirements. Although the overall parking count will be reduced as a result of the new building addition, the parking continues to meet code requirements. LANDSCAPE AND BUFFERS: The landscape plans show a continuation of the required landscape adjacent to Highway 7 right-ofway and is compatible with the previously approved landscape plan for the entire site. ARCHITECTURAL COMPATIBILITY: The proposed church addition will continue to reflect the modern architectural style of the facility. The building materials and colors remain the same with the use of terra cotta colored brick veneer on the lower levels and entry, with lighter buff colored stucco (E.I.F.S.) panels on the upper levels with dark brick veneer and light cast stone used as accents. Curtain wall windows ensure ample light to the interior. No additional signage is proposed with the new building addition. FIRE DEPARTMENT REQUIREMENTS: Existing fire hydrants and required fire flows shall provide coverage for building expansion and additional square footage as determined in the 2006 International Fire Code, Appendix B & C. All fire protection systems, sprinkler systems, and alarm systems shall be extended throughout the areas of the building expansion. Fire lanes and curbs as determined by the Fire Department shall be painted and posted to ensure access and maneuverability for emergency traffic. REVISED FINAL PLAN RECOMMENDATION: Staff recommends APPROVAL of the Revised Final Plan as described in the Analysis section of the report: FINAL PLAT ANALYSIS: Phase I of the development was designed as a stand-alone project. In order for the site to continue to meet code requirements, i.e. building and paving setbacks, the property is being replatted and complies with city requirements. FINAL PLAT RECOMMENDATION: Staff recommends APPROVAL of the Final Plat. 50 SE 30TH STREET LEE'S SUMMIT, MO 64082 P:(816) 623-9888 F:(816)623-9849 ENGINEERING & SURVEYING E NGINEERING S OLUTIONS PROJECT DESCRIPTION: This is the 2nd phase of development for Westside Family Church and will consist of a building addition and associated parking. The building expansion is to provide additional spaces for worship and fellowship, the parking addition will provide additional parking at the southwest corner of the site and allow for a new connection the existing parking lot from the western parking area. The existing storm water detention and site BMP's will be utilized to meet the City requirements. The water main will be extended around to the southwest corner of the site to provide adequate fire protection. The existing sanitary service will be extended internally to provide sanitary sewer service and the existing water service will be extended internally to provide water service. Professional Registration Missouri Kansas INDEX OF SHEETS: December, 2013 Project: 8500 Woodsonia Drive Lenexa, Johnson County, Kansas CONSTRUCTION NOTES: 1. ALL CONSTRUCTION AND MATERIALS FOR THIS PROJECT SHALL CONFORM WITH THE CITY OF LENEXA SPECIFICATIONS. IT IS ADVISABLE THAT THE CONTRACTOR BECOME FAMILIAR WITH THIS DOCUMENT IN THE EVENT THAT THERE IS A DISCREPANCY BETWEEN THIS APPROVED PLAN AND THE CITY SPECIFICATIONS. ADVISE THE DESIGN ENGINEER OF ANY DISCREPANCY PRIOR TO BIDDING OR WORKING ON THIS PROJECT. 2. CONTRACTOR TO LOCATE AND RELOCATE ANY EXISTING UTILITIES THAT MAY CONFLICT WITH CONSTRUCTION AS NECESSARY. 3. INFORMATION FOR SIGN, IF APPLICABLE, TO BE PROVIDED WITH SEPARATE SIGN PERMIT. 4. CONTRACTOR SHALL CONTACT THE PUBLIC WORKS DEPARTMENT PRIOR TO START OF CONSTRUCTION, 48 HOURS IN ADVANCE. 5. TRAFFIC CONTROL IS NOT SHOWN IN THESE PLANS . ALL TRAFFIC CONTROL SHALL BE COORDINATED WITH THE CITY OF LENEXA ENGINEERING DEPARTMENT. COVER SHEET DEMOLITION PLAN ESC PHASE 1 ESC PHASE 2 FINAL RESTORATION PLAN SITE PLAN DIMENSION PLAN GRADING PLAN STORM SEWER PLAN STORM SEWER PLAN AND PROFILE UTILITY PLAN Issue Date: C.001 ~ C.010 ~ C.050 ~ C.051 ~ C.052 ~ C.100 ~ C.101 ~ C.200 ~ C.300 ~ C.301 ~ C.302 ~ Site Improvements: -Site Access -The site will utilize the existing internal private drives to access the improvement area Curb and Gutter -Type CG-1 "Straight Back Curb and Gutter" shall be installed Storm Water Runoff -Site grading will direct the storm water runoff into an extension of the existing storm sewer system Storm Water Detention -The existing detention basin shall serve to control the increase in storm water runoff developed from these improvements Sanitary Sewer -The site will utilize the existing building sanitary sewer system Water Main -The water main shall be extended as shown to provide adequate fire protection. The building will utilize the existing water service and fire connection Vicinity Map UTILITY COMPANIES: THE FOLLOWING LIST OF UTILITY COMPANIES IS PROVIDED FOR INFORMATION ONLY. WE DO NOT OFFER ANY GUARANTEE OR WARRANTY THAT THIS LIST IS COMPLETE OR ACCURATE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTACTING ALL UTILITY COMPANIES THAT MAY BE AFFECTED BY THE PROPOSED CONSTRUCTION AND VERIFYING THE ACTUAL LOCATION OF EACH UTILITY LINE. THE CONTRACTOR SHALL NOTIFY ENGINEERING SOLUTIONS AT 816.623-9888 OF ANY CONFLICT WITH PROPOSED IMPROVEMENTS. CITY OF LENEXA WATER ONE TIME WARNER CABLE KANSAS GAS SEVICES WESTAR ENERGY SUREWEST JOHNSON COUNTY WASTEWATER 913-477-7500 913-895-1800 816-353-7788 913-599-8981 800-401-5666 913-825-2882 913-715-8500 DEVELOPMENT AREA Parking Totals -Phase 1 Parking Count 509 Regular Parking Spaces Required / 15 Accessible Spaces Required 750 Regular Parking Spaces Provided / 16 Accessible Spaces Provided -Phase 2 Additional Parking 20 Regular Parking Spaces Provided / 5 Accessible Spaces Provided Existing Parking 24 Regular Parking Spaces Removed 4 Regular Parking Spaces Lost / 5 Accessible Spaces Provided -Total Parking Count 746 Regular Parking Spaces Provided / 21 Accessible Spaces Provided Owner Westside Family Church 8500 Woodsonia Drive Lenexa, KS 66227 Architect Mantel Teter Architects 929 Walnut Suite 700 Kansas City, MO Civil Engineer Engineering Solutions 50 SE 30th Street Lee's Summit, MO 64082 Cover Sheet Construction Plans for: Westside Family Church Lenexa, Johnson County, Kansas Description of Improvements WEST ELEVATION SOUTH ELEVATION EAST ELEVATION FINAL DEVELOPMENT PLAN SUBMITTAL - ELEVATIONS 3/32" = 1'-0" January 21, 2014 This document is the property of ELDECON, INC., and is subject to return upon request. The document includes confidential and proprietary information of ELDECON INC., and is loaned in confidence with the understanding that it is not to be copied or reproduced without expressed written permission, and that neither the document nor the information contained thereon will be used adversely to ELDECON INC. All patent rights are reserved. Calculation Summary Label CalcType Parking Lot Exp Illuminance Small Drive Illuminance Units Fc Fc Avg 3.62 2.55 LLF 0.840 0.840 Total Lamp Lumens 44000 44000 Max 6.9 5.1 Min 0.4 0.7 Description GFPR-5-1-400-F-MT-BRZ GFR-3-400-PSMV-F-MT-BRZ Avg/Min 9.05 3.64 2'-0" MAX 2'-0" MAX Max/Min 17.25 7.29 0.8 1.1 1.6 1.5 2.5 2.6 0.7 1.1 1.8 3.2 3.9 3.6 4.9 3.9 3.6 2.8 1.6 1.1 0.8 0.9 1.6 2.0 2.6 4.4 4.2 4.0 4.4 3.4 2.5 2.1 1.7 1.2 1.2 1.9 2.8 4.0 5.1 3.7 1.0 1.6 2.2 2.8 3.9 4.0 0.4 2.3 1.4 0.9 0.6 3.1 2.1 1.5 1.0 2.7 3.1 5.1 4.1 2.7 2.7 2.2 1.0 3.7 4.3 4.2 3.3 4.2 2.3 1.5 1.1 3.7 5.5 4.4 3.7 2.8 2.5 1.9 1.5 3.2 4.2 4.8 3.9 3.2 2.6 1.9 1.5 3.9 4.1 2.7 4.6 3.9 3.6 3.2 2.3 2.0 3.7 4.2 5.3 4.1 5.5 3.1 2.6 2.4 3.7 4.3 6.7 5.7 4.3 4.4 3.6 2.6 5.9 6.3 4.9 4.6 6.9 4.3 3.9 4.5 4.6 4.2 4.0 4.8 4.9 4.4 4.5 3.0 2.4 2.1 1.9 2.0 2.3 2.5 4.9 3.1 3.2 3.1 2.2 2.9 3.2 2.9 3.6 3.9 4.0 3.5 3.1 3.4 4.0 3.9 3.3 3.6 3.6 5.6 4.1 3.7 3.0 3.6 4.0 5.5 4.3 4.3 4.6 3.9 4.4 5.1 5.4 6.1 5.1 3.8 4.9 4.5 1.9 2.8 2.3 2.0 3.0 4.5 2.9 3.1 3.0 2.2 3.6 3.3 3.7 3.9 3.5 3.1 3.5 4.0 4.0 3.3 3.6 3.7 3.6 3.3 3.9 4.0 3.6 3.2 3.6 4.1 4.0 3.4 3.8 3.9 3.9 3.7 4.6 5.2 4.2 4.3 5.5 4.1 3.6 2.9 3.5 4.0 5.1 4.2 4.3 4.5 4.2 4.4 5.2 4.0 3.5 2.8 3.5 4.1 5.2 4.3 4.3 4.6 4.3 4.6 5.6 4.5 4.1 PROJECT #: ISSUE DATE: DRAWN BY: CHECKED BY: 8500 Woodsonia Drive Lenexa, KS 66227 2.7 0.6 Arrangement SINGLE SINGLE Westside Family Church 0.9 Luminaire Schedule Qty Label Symbol A5 6 1 A4 Building Addition for: CONFIDENTIAL - PROPRIETARY: 01/21/2014 JDH LRF REVISIONS: 1. 2. 3. 4. 5. PARKING LOT ADDITION LIGHTING PLAN SCALE: 1" = 20'-0" SHEET No. ES1 SITE LIGHTING PLAN OF 1 Site Plan Construction Plans for: Westside Family Church Lenexa, Johnson County, Kansas December, 2013 Issue Date: Project: 8500 Woodsonia Drive Lenexa, Johnson County, Kansas Professional Registration Missouri Kansas 50 SE 30TH STREET LEE'S SUMMIT, MO 64082 P:(816) 623-9888 F:(816)623-9849 ENGINEERING & SURVEYING E NGINEERING S OLUTIONS Landscape Plan Construction Plans for: Westside Family Church Lenexa, Johnson County, Kansas December, 2013 8500 Woodsonia Drive Lenexa, Johnson County, Kansas Landscape Issue Date: Project: Loughlin Studios R. Peter Loughlin, Jr. 6532 Blue Ridge Cut Off Raytown, Missouri 64133 Architecture (816) 356-5005 Fax: 356-7567 e-mail: [email protected] REVISIONS DATE PARCEL DESCRIPTION All of Lot 1, Westside Family Church, a subdivision as recorded in the Office of the Recorder, Johnson County, Kansas AND All that part of the Southwest Quarter of the Southwest Quarter of Section 27, Township 12, Range 33 described more particularly as follows: Commencing at the Southwest Corner of the Southwest Quarter of said Section 27; thence North along the westerly line of said Southwest Quarter North 01°54'59" West, a distance of 414.63 feet; thence South 8*°08'19" West, a distance of 162.63 feet, to a point on the Easterly right of way line of Kansas State Highway Number 7, as now established, said point being the Point of Beginning; thence northerly along said Easterly right of way line North 3°56'36" West, a distance of 49.01 feet; thence continuing along said Easterly right of way line North 3°16'56" West, a distance of 137.50 feet, to the southwest corner of Lot 1, Westside Family Church, a subdivision as recorded in the Office of the Recorder, Johnson County, Kansas; thence easterly along the south line of said Lot 1, Westside Family Church, North 88°08'19" East, a distance of 626.72 feet; thence South 1°51'41" East, a distance of 109.23 feet; thence South 33°41'28" West, a distance of 144.03 feet; thence North 56°18'32" West, a distance of 152.87 feet; thence North 88°08'57" West, a distance of 414.62 feet, returning to a point on the easterly right of way line of said Kansas State Highway Number 7, said point being the point of beginning. PLAT BOUNDARY DESCRIPTION DEDICATION: THE UNDERSIGNED PROPRIETOR OF THE ABOVE DESCRIBED TRACT OF LAND HAS CAUSED THE SAME TO BE SUBDIVIDED IN THE MANNED SHOWN ON THE ACCOMPANYING PLAT, WHICH PLAT AND SUBDIVISION SHALL HEREAFTER BE KNOWN AS "Westside Family Church, Lot 1A" EASEMENTS AN EASEMENT OR LICENSE IS HEREBY GRANTED TO THE CITY OF LENEXA, KANSAS, TO LOCATE, CONSTRUCT AND MAINTAIN OR TO AUTHORIZE THE LOCATION, CONSTRUCTION AND MAINTENANCE OF POLES, WIRES, ANCHORS, CONDUITS, AND/OR STRUCTURES FOR WATER, GAS, SANITARY SEWER, STORM SEWER, SURFACE DRAINAGE CHANNEL, ELECTRICITY, TELEPHONE, CABLE TV, OR ANY OTHER NECESSARY PUBLIC UTILITY OR SERVICES, ANY OR ALL OF THEM, UPON, OVER, OR UNDER THOSE AREAS OUTLINED AND DESIGNATED UPON THIS PLAT AS "UTILITY EASEMENTS" (U.E.) OR WITHIN ANY STREET OR THOROUGHFARE DEDICATED TO THE PUBLIC USE ON THIS PLAT. GRANTOR, ON BEHALF OF HIMSELF, HIS HEIRS, HIS ASSIGNS AND SUCCESSORS IN INTEREST, HEREBY WAIVES, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO REQUEST RESTORATION OF RIGHTS PREVIOUSLY TRANSFERRED AND VACATION OF THE EASEMENT HEREIN GRANTED. STREETS THE ROADS AND STREETS SHOWN ON THIS PLAT AND NOT HERETOFORE DEDICATED TO PUBLIC USE AS THOROUGHFARES ARE HEREBY SO DEDICATED. BUILDING LINES BUILDING LINES OR SETBACK LINES ARE HEREBY ESTABLISHED AS SHOWN ON THE ACCOMPANYING PLAT. NO BUILDING OR PORTION THEREOF SHALL BE CONSTRUCTED BETWEEN THIS LINE AND THE STREET RIGHT OF WAY LINE. SURVEYOR'S GENERAL NOTES: 1). This survey is based upon the following information provided by the client or researched by this surveyor. (A). Final Plat of Westside Family Church, recorded in Book 200605 at Page 002967 2). This survey meets or exceeds the accuracy standards of a (SUBURBAN) Property Boundary Survey as defined by the Kansas Standards for Property Boundary Surveys. 3). The Title report was furnished by Chicago Title Insurance Company, Policy No. 020073198 Dated: August 8, 2007 @ 8:00 A.M. 4). Bearings shown hereon are based upon bearings described on the Final Plat of "Westside Family Church" 5). This company assumes no responsibility in the location of existing utilities within the subject premises. This is an above-ground survey. The underground utilities, if shown, are based on information provided by the various utility companies and these locations should be considered approximate. There may be additional underground utilities not shown on this drawing. 6). Subsurface and environmental conditions were not surveyed or examined or considered as a part of this survey. No evidence or statement is made concerning the existence or underground or overhead conditions, containers or facilities that may affect the use or development of this property. No attempt has been made to obtain or show data concerning existence, size, depth, conditions, capacity or location of any utility existing on the site, whether private, municipal or public owned. IN TESTIMONY WHEREOF: WESTSIDE FAMILY CHURCH, A KANSAS NON PROFIT CORPORATION HAS CAUSED THESE PRESENTS TO BE SIGNED BY ITS MEMBER THIS ________ DAY OF _________________ , 2013. WESTSIDE FAMILY CHURCH ______________________________________________ ,TRUSTEE NOTARY CERTIFICATION: STATE OF _________________) )SS COUNTY OF _______________) ON THIS _________ DAY OF ___________________________ , 2013, BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, PERSONALLY APPEARED _________________, TO ME PERSONALLY KNOWN AND WHO BEING BY ME DULY SWORN BY ME DID SAY THAT HE IS A TRUSTEE OF WESTSIDE FAMILY CHURCH, A KANSAS NON PROFIT CORPORATION, AND THAT SAID INSTRUMENT WAS SIGNED ON BEHALF OF SAID COMPANY AND AS THE FREE ACT AND DEED OF SAID COMPANY. IN WITNESS THEREOF: I HAVE HEREUNTO SET MY HAND AND AFFIXED MY SEAL THE DATE LAST WRITTEN ABOVE. SURVEYOR'S CERTIFICATION : THIS IS TO CERTIFY THAT A SURVEY OF THE HEREIN DESCRIBED PROPERTY WAS MADE UNDER MY DIRECT SUPERVISION DURING THE MONTH OF DECEMBER, 2013 AND THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE "KANSAS MINIMUM STANDARDS FOR BOUNDARY SURVEY STANDARDS OF PRACTICE NO. 1" AND PURSUANT TO THE ACCURACY STANDARDS OF AN URBAN SURVEY ____________________________________________________ DATE: ___________ MATTHEW J. SCHLICHT, KS PLS 1586 ENGINEERING SOLUTIONS, LLC., KS CORP LS-218 50 SE 30TH STREET LEE'S SUMMIT, MO 64082 P:(816) 623-9888 F:(816)623-9849 MY COMMISSION EXPIRES:_______________________ BY:___________________________ PLANNING COMMISSION, CHAIRMAN ENGINEERING & SURVEYING _________________________________ NOTARY PUBLIC APPROVED BY THE PLANNING COMMISSION OF THE CITY OF LENEXA, KANSAS, ON THIS _______DAY OF ____________, 2014 E NGINEERING S OLUTIONS SITE This is a survey and subdivision of part of the Southwest Quarter of the Southwest Quarter of Section 27, Township 12, Range 23, in the City of Lenexa, Johnson County, Kansas, more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 27; thence North 01 degrees 54 minutes 59 seconds West, along the West line of said Southwest Quarter, a distance of 1244.33 feet, to the Northwest corner of the South 38 Acres of the Southwest Quarter of the Southwest Quarter of said Section 27; thence North 88 degrees 08 minutes 19 seconds East, along the North line of said South 38 Acres, a distance of 167.10 feet. to a point on the East Right of Way line of Kansas State Highway No. 7, as now established, said point also being the Point of Beginning; thence continuing North 88 degrees 08 minutes 19 seconds East, along the North line of said South 38 Acres, a distance of 1129.98 feet, to the Northeast corner of Lot 1, Westside Family Church, a subdivision as recorded in Lenexa, Johnson County, Kansas, said point also being on the West Right of Way of Woodsonia Drive, as now established; thence South along said West Right of Way line, South 04 degrees 20 minutes 29 seconds East, a distance of 44.52 feet; thence continuing along said West Right of Way line, South 02 degrees 02 minutes 41 seconds East, a distance of 541.35 feet; thence along a curve to the right, having a radius 44.00 feet, an arc distance of 69.25 feet; thence South 88 degrres 07 minutes 52 seconds West, a distance of 21.28 feet; thence South 01 degrees 52 minutes 08 seconds East, a distance of 60.00 feet; thence North 88 degrees 07 minutes 52 seconds East, a distance 21.74 feet; thence along a curve to the right, having a radius 44.00 feet, an arc distance 54.34 feet; thence South 88 degrees 08 minutes 19 seconds West, departing said East line, a distance of 512.50 feet; thence South 01 degrees 51 minutes 41 seconds East, a distance 97.56 feet; thence North 88 degrees 08 minutes 57 seconds West, a distance 624.20 feet, to a point on said Easter Right of Way line of Kansas State Highway No. 7; thence North 03 degrees 56 minutes 36 seconds West, along said East Right of Way line, a distance 8.98 feet; thence continuing along said East Right of Way line, North 03 degrees 16 minutes 56 seconds West, a distance of 600.00 feet; thence continuing along said East Right of Way line, North 04 degrees 32 minutes 30 seconds East, a distance of 182.26 feet, returning to the Point of Beginning. Tract contains 849,662.76 Sq. Ft. (19.5056 Acres) Report to the Planning Commission MEETING DATE: February 3, 2014 CONSENT AGENDA ITEM: 3 PROJECT TITLE: Canyon Creek Highlands, 2nd Plat PROJECT # / REQUEST: PT 14-01 FR - Revised Final Plat LOCATION: In the vicinity of Clare Road and 97th Terrace, in the R-1, Residential Single-Family Zoning District APPLICANT: David Rinne of Schlagel Associates OWNER: Eagle Land Investors, LLC PROJECT HISTORY AND BACKGROUND INFORMATION: The Preliminary Plat for Patrician Village was approved in April 2004. approved in May of 2004; with the second plat in June of 2005. The first Final Plat was Patrician Village, 2nd plat and the balance of the Preliminary Plat was recently purchased; and a name change requested from Patrician Village, 2nd Plat to Canyon Creek Highlands, First Plat, which was approved with minor changes in April 2013. In August 2013 the balance of the Preliminary Plat, previously named Patrician Village Preliminary Plat, was renamed to Canyon Creek Highlands. Along with the name change, the developer proposed changes from the originally approved Preliminary Plat which included relocating the school site from an area situated in the middle of the original plat, to an area directly adjacent to Gleason Road. COMPREHENSIVE PLAN RECOMMENDATION FOR AREA: Suburban Residential – Low density detached single-family not exceeding a gross density of 3.5 dwelling units per acre. VICINITY ZONING PATTERN: North: R-1, Residential Single-Family Zoning District South: R-1, Residential Single-Family Zoning District East: R-1, Residential Single-Family & RP-1, Planned Residential (Low-Density) Zoning Districts West: RP-2, Planned Residential (IntermediateDensity) Zoning District VICINITY LAND USE PATTERN: North: Suburban residential - Canyon Creek Highlands, First Plat South: Undeveloped East: West: Suburban residential & Public/SemiPublic – Canyon Creek Highlands, Unified School District (undeveloped) Suburban residential - Canyon Creek (undeveloped) REVISED FINAL PLAT ANALYSIS: The plat conforms to the general layout reflected on the approved Canyon Creek Highlands Preliminary Plat and complies with City platting standards. With this application, submitted were a landscape and buffer plan to address planting in the common areas. Being requested for consideration are alternative plantings for groupings of trees and shrubs and that the use of native grass plantings be allowed in place of shrubs to address a portion of the visual buffer requirements along Clare Road and 99th Street right-of-way. Staff is in support of this request with the understanding that an as-built plan will be submitted prior to final approval of the landscape installation along with a landscape irrigation plan for all common areas and an establishment and maintenance plan to address all native planting areas. In lieu of the developer paying a fee for the street tree planting, the developer will work with Community Development and Parks and Recreation to prepare a plan for the street tree planting in conjunction with the plan for the landscape/fence buffer to be approved by the city and installed by the developer. The developer will additionally need to prepare a cost estimate for the proposed planting and establish a Letter of Credit in favor of the city to cover the cost of completing the planting should for any reason the developer becomes disassociated with the project. On completion of the landscape areas the applicant will also need to complete a Landscape Maintenance Guarantee form and a Certificate of Landscape Installation form to be submitted prior to the release of the Letter of Credit. REVISED FINAL PLAT RECOMMENDATION: Staff recommends APPROVAL of this Final Plat subject to as-built landscape and irrigation plans being submitted prior to final approval of the planting within the common areas. In addition, if an alternative is proposed for the street tree planting, such alternative shall be considered as described in the Analysis section of this report. DESCRIPTION: Part of the Northwest One-Quarter of Section 4, Township 13 South, Range 23 East, and a replat of LOTS 90 thru 93, TRACT "E" and part of Clare Road and Hastings Street of CANYON CREEK HIGHLANDS, FIRST PLAT, a platted subdivision in the City of Lenexa, Johnson County, Kansas, being more particularly described as follows: Commencing at the Southwest corner of the said Northwest One-quarter of said Section 4; thence North 87 degrees 13 minutes 05 seconds East, along the South line of said Northwest One-Quarter of said Section 4, a distance of 444.50 feet to a point; thence North 02 degrees 46 minutes 55 seconds West a distance of 23.69 feet to a point, said point also being the Point of Beginning; thence North 02 degrees 07 minutes 55 seconds West, a distance of 191.86 feet to a point of curvature; thence Northwesterly along a curve to the left having an initial tangent bearing of North 02 degrees 07 minutes 55 seconds West, a radius of 1279.00 feet, a central angle of 29 degrees 50 minutes 30 seconds and an arc length of 666.15 feet to a point; thence North 31 degrees 58 minutes 25 seconds West a distance of 302.42 feet to a point of curvature on the West line of said CANYON CREEK HIGHLANDS, FIRST PLAT; thence Northerly continuing along the West line of said CANYON CREEK HIGHLANDS, FIRST PLAT, along a curve to the right having an initial tangent bearing of North 31 degrees 58 minutes 25 seconds West, a radius of 1281.00 feet, a central angle of 07 degrees 02 minutes 42 seconds and an arc length of 157.51 feet to a point; thence North 66 degrees 10 minutes 23 seconds East, along the South right of way line of 97th Terrace as platted in CANYON CREEK HIGHLANDS, FIRST PLAT and its Westerly extension thereof, a distance of 76.48 feet to a point of curvature; thence Northeasterly continuing along said South right of way line along a curve to the right having an initial tangent bearing of North 66 degrees 10 minutes 23 seconds East, a radius of 475.00 feet, a central angle of 36 degrees 05 minutes 18 seconds and an arc length of 299.18 feet to a point; thence South 77 degrees 44 minutes 19 seconds East, continuing along said South right of way line, a distance of 217.45 feet to the Easterly most corner of said Lot 93; thence South 12 degrees 15 minutes 41 seconds West, along the Easterly line of said Lot 93, a distance of 85.00 feet to a point; thence South 77 degrees 44 minutes 19 seconds East, along the Southerly line of Lot 94 as platted in said CANYON CREEK HIGHLANDS, FIRST PLAT, a distance of 125.00 feet to a point; thence South 12 degrees 15 minutes 41 seconds West along a South line of said Patrician Village Second Plat, a distance of 13.39 feet to a point; thence South 77 degrees 44 minutes 19 seconds East along a South line of said CANYON CREEK HIGHLANDS, FIRST PLAT, a distance of 180.00 feet to the Southeasterly most corner of said CANYON CREEK HIGHLANDS, FIRST PLAT; thence North 12 degrees 15 minutes 41 seconds East along a Easterly line of said CANYON CREEK HIGHLANDS, FIRST PLAT, a distance of 304.00 feet to a point; thence North 18 degrees 40 minutes 33 seconds East continuing along the Easterly side of said CANYON CREEK HIGHLANDS, FIRST PLAT, a distance of 61.43 feet to a the most Southerly corner of Lot 40 as platted in PATRICIAN VILLAGE, FIRST PLAT, a subdivision in the City of Lenexa, Johnson County, Kansas; thence North 40 degrees 36 minutes 48 seconds East along a Southerly line of said PATRICIAN VILLAGE, FIRST PLAT, a distance of 57.00 feet to a point; thence North 89 degrees 43 minutes 45 seconds East continuing along the Southerly line of PATRICIAN VILLAGE, FIRST PLAT, a distance 150.92 feet to a point; thence South 41 degrees 38 minutes 01 seconds East a distance of 202.61 feet to a point; thence South 02 degrees 01 minutes 57 seconds East a distance of 50.00 feet to a point; thence South 86 degrees 16 minutes 34 seconds West a distance of 133.88 feet to a point of curvature; thence Southerly along a curve to the right having an initial tangent bearing of South 03 degrees 43 minutes 26 seconds East, a radius of 50.00 feet, a central angle of 14 degrees 45 minutes 35 seconds and an arc length of 12.88 feet to a point; thence South 11 degrees 02 minutes 09 seconds West a distance of 74.89 feet to a point of curvature; thence Southeasterly along a curve to the left having an initial tangent bearing of South 84 degrees 15 minutes 57 seconds East, a radius of 1125.00 feet, a central angle of 00 degrees 52 minutes 29 seconds and an arc length of 17.18 feet to a point; thence South 04 degrees 51 minutes 34 seconds West a distance of 50.00 feet to a point of curvature; thence Northwesterly along a curve to the right having an initial tangent bearing of North 85 degrees 08 minutes 26 seconds West, a radius of 1175.00 feet, a central angle of 02 degrees 19 minutes 26 seconds and an arc length of 47.66 feet to a point; thence South 11 degrees 02 minutes 09 seconds West a distance of 61.37 feet to a point; thence South 56 degrees 48 minutes 11 seconds East a distance of 157.20 feet to a point; thence South 20 degrees 43 minutes 12 seconds West a distance of 215.08 feet to a point; thence South 33 degrees 11 minutes 49 seconds West a distance of 350.00 feet to a point; thence North 56 degrees 48 minutes 11 seconds West a distance of 137.09 feet to a point of curvature; thence Southwesterly along a curve to the left having an initial tangent bearing of South 24 degrees 58 minutes 37 seconds West, a radius of 575.00 feet, a central angle of 07 degrees 25 minutes 51 seconds and an arc length of 74.57 feet to a point; thence South 72 degrees 27 minutes 14 seconds East a distance of 126.37 feet to a point; thence South 02 degrees 21 minutes 52 seconds West a distance of 132.12 feet to a point; thence South 15 degrees 03 minutes 55 seconds East a distance of 149.78 feet to a point; thence South 02 degrees 09 minutes 47 seconds East a distance of 157.50 feet to a point; thence South 87 degrees 50 minutes 13 seconds West, a distance of 512.91 feet to the Point of Beginning, and containing 21.6316 acres more or less. DEDICATION: The undersigned proprietor of the above described tract of land has caused the same to be subdivided in the manner shown on the accompanying plat which hereafter shall be known as "CANYON CREEK HIGHLANDS, SECOND PLAT ". The streets and roads shown on this plat and not heretofore dedicated as thoroughfares are hereby dedicated to the City of Lenexa, Johnson County, Kansas. An easement or license to enter upon, locate, construct and maintain or authorize the location, construction or maintenance and use of conduits, pipes, inlets, manholes, surface drainage facilities and other similar facilities, upon, over and under those areas outlined and designated on this plat as "Drainage Easement" or "D/E", is hereby granted to the City of Lenexa, Kansas. Drainage easements shall remain free of fences, shrubs, and other obstacles that would restrict the flow of drainage. An easement or license to lay, construct, alter, repair, replace and operate one or more sewer lines and all appurtenances convenient for the collection of sanitary sewage, together with the right of ingress and egress, over and through those areas designated as "Sanitary Sewer Easement" or "S/E" on this plat is hereby dedicated to the Johnson County Unified Wastewater Districts or their assigns. An easement or license to enter upon, locate, construct and maintain or authorize the location, construction or maintenance and use of conduits, pipes, poles, wires, drainage facilities, ducts and cables, and similar facilities, upon, over and under those areas outlined and designated on this plat as "Utility Easement" or "U/E" is hereby granted to the City of Lenexa, Kansas. No above ground facilities associated with the uses herein permitted shall be constructed, located, or maintained in any area of the "U/E" that crosses or intersects with a "Drainage Easement" or "D/E". A 15 foot wide Landscape Easement or "L/E" is hereby dedicated to the City of Lenexa, Johnson County, Kansas, off of lots adjacent to and parallel with all Street Right-of-Way lines. Maintenance of this "L/E" shall be the responsibility of the Homeowner. PRAIRIE STAR PKWY. A 10 foot wide Utility Easement or "U/E" is hereby dedicated to the City of Lenexa, Johnson County, Kansas, or its designees, off of lots or tracts adjacent to and parallel with all Street Right-of-Way lines. NW1/4 PROJECT LOCATION SW1/4 NE1/4 4 K-7 HIGHWAY CLARE ROAD Tract "E" is hereby dedicated as Landscape Easement. RESTRICTIONS: The use of all Lots and Tracts of land in this subdivision shall hereafter be subject to the covenants and restrictions which will be filed at the office of the Register of Deeds of Johnson County, Kansas and shall hereby become a part of the dedication of this plat as though fully set hereon. This plat shall not be filed by the Register of Deeds unless filing is within 365 calendar days after the City of Lenexa Governing Body approval date, inclusive . SE1/4 The ground floor area classification for lots in this plat is Class "D". Tract "E" is to be owned and maintained by the Homeowners Association. All landscaping and related materials that are planted or constructed within Tract "E" and within ISLANDS in street right-of-way shall be maintained by the Homes Association or their authorized representatives thereof. However, in the event that the HOA is not lawfully existing or fails to maintain these areas, then maintenance shall be the responsibility of the owners of all lots within the platted area herein. K-10 HIGHWAY SECTION 4-13-23 There shall be no direct access to Clare Road or 99th Street from Tract "E". LOCATION MAP SCALE 1" = 2000' Lots 125 thru 137 inclusive have a minimum floor elevation (MFE) requirement that is based on the approved grading plan for " CANYON CREEK HIGHLANDS, SECOND PLAT". The approved grading plan is on file at the City of Lenexa. CONSENT TO LEVY: The undersigned proprietor of the above described land hereby consents and agrees that the Board of County Commissioners of Johnson County, Kansas, and the City of Lenexa, Johnson County, Kansas, shall have the power to release such land proposed to be dedicated for public use from the lien and effect of any special assessments, and that the amount of the unpaid special assessments on such land dedicated shall become and remain a lien on the remainder of this land fronting and abutting on such dedicated public way or thoroughfare. APPROVALS: Approved by the Planning Commission of the City of Lenexa, Johnson County, Kansas, this ___ day of ____________, 2014. ________________________________ _____________________________ Don Oppliger, Chairman Approved by the Governing Body of the City of Lenexa, Johnson County, Kansas, this _____ day of _________, 2014. ________________________________ Michael A. Boehm, Mayor LEGEND: BL or B.L. ROW or R/W - SurveyPropertyCornerSymbols SurveyPropertyCornerSymbols SurveyPropertyCornerSymbols BUILDING LINE RIGHT-OF-WAY EXISTING LOT LINES EXISTING PLAT AND ROW LINES FOUND 1/2" REBAR UNLESS OTHERWISE NOTED SET 1/2" REBAR W/LS-54 CAP UNLESS OTHERWISE NOTED FOUND MONUMENT _________________________________ David Bryant, City Clerk EXECUTION: IN TESTIMONY WHEREOF, CLAY BLAIR, III, President of CLAY BLAIR SERVICES CORPORATION, the Manager of HIGHLAND DEVELOPMENT, LLC has caused this instrument to be executed, this _____ day of ____________________, 2014. HIGHLAND DEVELOPMENT, LLC By: Clay Blair Services Corporation, Manager ______________________________________________ By: CLAY BLAIR, III, President ACKNOWLEDGMENT: STATE OF KANSAS Y AR IN LS-1268 IM EL PR COUNTY OF JOHNSON ) )ss. ) BE IT REMEMBERED that on this _____ day of _________________ 2014, before me, the undersigned, a Notary Public in and for said County and State, came CLAY BLAIR, III, President of Clay Blair Services Corporation, the Manager of HIGHLAND DEVELOPMENT, LLC, who is personally known to me to be the same person who executed the foregoing instrument of writing on behalf of said company, and such duly acknowledged the execution of the same to be the act and deed of same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the day and year last above written. I:\PROJECTS\2013\13-214\2.0 Survey\3.0 Plat\13-214F.dwg, 1:1 David A. Rinne - Land Surveyor KS# LS-1268 I HEREBY CERTIFY THIS PLAT WAS PREPARED UNDER MY DIRECT SUPERVISION BASED ON A FIELD SURVEY PERFORMED ON 10-27-13. THE DETAILS SHOWN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ________________________________ Notary Public My Commission Expires:______________________ ________________________________ Print Name PREPARED FOR: FRANK DEAN LENEXA WEST INVESTORS, L.L.C. 14819 W. 95TH STREET LENEXA, KS 66125 PH: 913-831-3388 REV. 1: 1-21-14, 99TH ST. R/W LANDSCAPE PLAN OPTIONAL ENTRY MONUMENT LOCATION OPTIONAL ENTRY MONUMENT LOCATION LEGEND SHADE TREES—2” MIN. CALIPER EVERGREEN TREES—6’ MIN. HT. ORNAMENTAL TREES—6’ MIN. HT. PRAIRIE GRASSES FINAL PLANTING PLAN AND PLANT LIST TO BE DETERMINED AT FINAL PLAN SUBMITTALS.. 7-8-13 WLK NOTE: LANDSCAPE PLAN IS CONCEPTUAL AND IS MEANT TO SHOW GENERAL INTENT, SPACING AND PATTERNS. WLK ACCENT SHRUBS LANDSCAPE PLAN L-1 Report to the Planning Commission MEETING DATE: February 3, 2014 CONSENT AGENDA ITEM: 4 PROJECT TITLE: Schelhammer Residence PROJECT # / REQUEST: DV 14-01 - Deviation of Section 4-1-C-5-C-3 Roof Design LOCATION: 15140 West 77th Street, in the R-1, Residential Single-Family Zoning District APPLICANT: David Herron of Herron + Partners OWNER: Lance Schelhammer PROJECT HISTORY: The existing home was built in 1984 and is located within the Twilight Acres Subdivision. COMPREHENSIVE PLAN RECOMMENDATION FOR AREA: Suburban Residential defined as low density detached single-family housing not exceeding a gross density of 3.5 dwelling units per acre. VICINITY ZONING PATTERN: North: R-1, Residential Single-Family Zoning District South: R-1, Residential Single-Family Zoning District East: R-1, Residential Single-Family Zoning District West: R-1, Residential Single-Family Zoning District VICINITY LAND USE PATTERN: North: Single-family residential – Twilight Acres Subdivision, 1st Plat South: Single-family residential – Twilight Acres Subdivision, 1st Plat East: Single-family residential – Twilight Acres Subdivision, 1st Plat West: Single-family residential – Twilight Acres Subdivision, 2nd Plat GENERAL NEIGHBORHOOD CHARACTERISTICS: This area is primarily single-family residential. Most of the homes are on lots greater than half acre in size. West 77th Street is classified as a local street. ANALYSIS: The applicant is requesting a deviation from Section 4-1-C-5-C-3 of the UDC, Architectural Design Standards, specifically roof design. This section states: “The pitch of a roof shall be at least 3 in 12, and the roof eaves shall extend at least 12 inches beyond the wall of the dwelling unit on the 2 longer sides. A roof with lesser pitch and/or lesser eaves may be approved by the Planning Commission.” In 1992, the City revised the Subdivision Regulations and included minimum design standards that addressed architectural features such as exterior surfaces, the inclusion of a garage or carport, and roof design. These standards were meant to require design continuity and to assure quality construction. According to the tax assessor’s information, the subject house was built in 1984, pre-dating the city regulations relative to roof pitch. The applicant proposes to enlarge an existing screened-in porch that is located adjacent to the garage. The existing roof pitch does not comply with the 3 in 12 pitch requirement. Based on the existing roof configuration and the applicant’s desire to extend the existing roof over the enlarged screened-in porch, they are requesting a deviation to the 3 in 12 pitch requirement. The deviation they are requesting is to continue the 2 in 12 pitch. The applicant has stated that the 3 in 12 pitch would cause the new roof to actually be higher than the existing ridge of the house. Continuing the 2 in 12 pitch will provide for architectural compatibility while also not obstructing existing roof vents. Plans provide for the roof to be covered with asphalt shingles that are compatible with the existing house and neighboring development. STAFF RECOMMENDATION: Staff recommends APPROVAL of this request for a deviation in roof pitch as described in the Analysis section of this report. Report to the Planning Commission MEETING DATE: February 3, 2014 REGULAR AGENDA ITEM: 1 a and b - PUBLIC HEARING REQUIRED PROJECT TITLE: Cedar Niles, 1st Plat PROJECT # / REQUEST: LOCATION: RZ 13-07 - Rezone from NP-O, Planned Neighborhood Office District Zoning District to RP-1, Planned Residential (Low-Density) Zoning District PT 13-16 F – Final Plat Approximately the northeast corner of 83rd Street and Cedar Niles Road APPLICANT: Dan Cook of Renaissance Infrastructure Consulting OWNER: Cedar Niles Estates, LLC PROJECT HISTORY AND BACKGROUND INFORMATION: The applicant requests this item be CONTINUED to the March 31, 2014 meeting in order to allow them time to consider increasing the area being rezoned and number of lots. The applicant and staff are each entitled to one continuance as a matter of right, and subsequent continuances only upon approval of a majority of the Commission members present. This item was continued from the September 30, 2013, November 4, 2013 and January 6, 2014 agendas. Therefore, a motion is needed to continue these items to the March 31, 2014 meeting. Report to the Planning Commission MEETING DATE: February 3, 2014 REGULAR AGENDA ITEM: 2 a and b - PUBLIC HEARING REQUIRED PROJECT TITLE: Mill Creek Village South PROJECT # / REQUEST: LOCATION: RZ 13-05 - Rezone from AG, Agricultural, RP-3, Planned Residential (Medium-High Density), CP-2, Planned Community Commercial and BP-2, Planned Manufacturing Zoning Districts to CP-3, Planned Regional Commercial Zoning District PL 13-06 P - Companion Preliminary Plan Approximately the northeast corner of the future Ridgeview Road and Highway K-10 APPLICANT & OWNER: Mike Christie of Prairie Partners, LLC PROJECT HISTORY AND BACKGROUND INFORMATION: The applicant requests this item be CONTINUED to the March 31, 2014 meeting in order to allow them time to address access issues. The applicant and staff are each entitled to one continuance as a matter of right, and subsequent continuances only upon approval of a majority of the Commission members present. This item was continued from the August 5, August 26, November 4, December 2, 2013 and agendas. Therefore, a motion is needed to continue these items to the March 31, 2014 meeting. Report to the Planning Commission MEETING DATE: February 3, 2014 REGULAR AGENDA ITEM: 3 a and b – PUBLIC HEARING REQUIRED PROJECT TITLE: Prairie Plaza PROJECT # / REQUEST: LOCATION: RZ 13-08 – Rezone from AG, Agricultural Zoning District to CP-2, Planned Community Commercial and BP-2, Planned Manufacturing Zoning District PL 13-06 P – Preliminary Plan In the vicinity south of Prairie Star Parkway and east of the future Ridgeview Road APPLICANT & OWNER: Mike Christie of Prairie Partners, LLC PROJECT HISTORY AND BACKGROUND INFORMATION: The applicant requests this item be CONTINUED to the March 31, 2014 meeting in order to allow them time to address access issues. The applicant and staff are each entitled to one continuance as a matter of right, and subsequent continuances only upon approval of a majority of the Commission members present. This item was continued from the November 4, December 2, 2013 and agendas. Therefore, a motion is needed to continue these items to the March 31, 2014 meeting. LENEXA PLANNING COMMISSION MEETING MINUTES JANUARY 6, 2014 Chairman Don Oppliger called the regular meeting of the Lenexa Planning Commission to order at 7:05 p.m. on Monday, January 6, 2014. The meeting was held in the Council Chambers at Lenexa City Hall at 12350 W. 87th Street Parkway, Lenexa, Kansas. Roll call was taken with the following members present: Commissioner Katterhenry Commissioner King Commissioner Burch Commissioner Horine Commissioner Reichmeier Commissioner Poss Commissioner Hoffman Vice-Chairman Grunewald Chairman Oppliger Staff members attending were: Tim Green, Deputy Director of Community Development Magi Tilton, Development Review Administrator Tim Collins, Engineering Construction Services Administrator Rick Hauber, Planner III Karen Gable, Planner III Cindy Harmison, City Attorney Sean McLaughlin, Assistant City Attorney APPROVAL OF MINUTES: The minutes of the December 2, 2013, meeting was presented for approval. Hearing no changes or corrections to the minutes of the regular meeting, Chairman Oppliger entertained a motion to APPROVE the minutes as written. Moved by Commissioner Horine, seconded by Commissioner Reichmeier, and APPROVED by a majority voice vote. CONSENT AGENDA: 1. Revised Final Plan for Manchester Park Elementary School located at 9810 Prairie Creek Road. PL 14-01 FR 2. Final Plan for Hy-Vee Convenience Store, located at 13080 W 87th Street Parkway. PL 14-01 F MOTION: Chairman Oppliger entertained a motion to APPROVE Consent Agenda. Moved by Commissioner Reichmeier, seconded by Commissioner Grunewald, and carried by a majority voice vote. END OF CONSENT AGENDA 1|Page LENEXA PLANNING COMMISSION MEETING MINUTES JANUARY 6, 2014 REGULAR AGENDA: PUBLIC HEARING: 1. a. Rezoning for Cedar Niles, 1st Plat, located at approximately the northeast corner of 83rd Street and Cedar Niles Road, from RP-1, Planned Residential (Low-Density) and RP-3, Planned Residential (Medium-High Density) Zoning Districts to RP-1, Planned Residential (Low-Density) Zoning District. RZ 13-07 b. Final Plat for Cedar Niles, 1st Plat, located at approximately the northeast corner of 83rd Street and Cedar Niles Road, in the proposed RP-1, Planned Residential (Low-Density) Zoning District. PT 13-16 F The applicant and staff are each entitled to one continuance as a matter of right, and subsequent continuances only upon approval of a majority of the Commission members present. Therefore, a motion was needed to continue the items as requested to the February 3, 2014 Planning Commission meeting. MOTION: Chairman Oppliger entertained a motion to CONTINUE the Rezoning and Final Plat for Cedar Niles, 1st Plat to the February 3, 2014 meeting. Moved by Commissioner Horine, seconded by Commissioner Poss, and carried by a majority voice vote. PUBLIC HEARING: 2. Initial Special Use Permit for Bean Babies Day Care, to allow in home day care for more than six children, located at 9248 Noland Road. SU 14-01 APPLICANT PRESENTATION: Andrea Powell owner of Bean Babies Day Care, located at 9248 Noland Road addressed the Commission. Ms. Powell stated her sister comes to her house and they operate the day care Monday through Friday from 7:30 am to 5:30 pm, with no weekend activity. They have designated outside times, they try to get out in the morning and again in the afternoon, weather permitting. They have a state license to have a maximum of 12 children, who are categorized into infants, 18 months up to kindergarten age and then up. They do not take school age children as they do not like to mix the different age groups so they keep with infants and toddlers. They do pre-school activities during the day with the older children so they have some curriculum. The kids are all in one area during the day and have supervision at all times. The fire marshal and health department come in yearly for inspections and they have annual state background checks. STAFF RECOMMENDATION: Planner Gable stated that Ms. Powell has been at this address since October of 2013. She recently moved from Overland Park and the Overland Park codes are different from Lenexa and she was unaware of the permitting process until a fire inspection was conducted. There were no fire violations and there have been no complaints registered against her. There are no other Special Use Permits in the vicinity. Staff recommends approval of the permit. 2|Page LENEXA PLANNING COMMISSION MEETING MINUTES JANUARY 6, 2014 PUBLIC HEARING: Chairman Oppliger opened the public hearing. Hearing no comments from the public, Chairman Oppliger entertained a motion to CLOSE the public hearing. Moved by Commissioner Grunewald, seconded by Commissioner Katterhenry, and carried by a majority voice vote. (9-aye, 0-nay, 0-abstained) PLANNING COMMISSION DISCUSSION: Commissioner Horine stated the staff report speaks of a fence being installed, he would like to see that staff keeps an eye on the fence to make sure it is installed. The entire Commissioner found that this would be a good fit for the area and were in agreement to approve the permit. MOTION: Chairman Oppliger entertained a motion to recommend APPROVAL of the Initial One-Year Special Use Permit for Bean Babies Day Care, to allow in home day care for up to twelve (12) children located at 9248 Noland Road. Moved by Commissioner King, seconded by Commissioner Grunewald, and carried by a majority poll vote. (9-aye, 0-nay, 0-abstained) POLL VOTE: AYE: Commissioner Katterhenry Commissioner Burch Commissioner Horine Commissioner Reichmeier Commissioner Poss Commissioner Hoffman Commissioner King Commissioner Grunewald Chairman Oppliger NAY: None ABSTAIN: None ABSENT: None PUBLIC HEARING: 3. A public hearing to consider the advisability of adopting amendments to the Unified Development Code specifically relating to Temporary Structures. STAFF PRESENTATION: Administrator Tilton addressed the Commission. Ms. Tilton stated that staff continues to make revisions to the UDC in order to address new or changing trends in development. In addition, staff is continually reviewing the codes to ensure that the regulations are appropriate/compatible or consistent with those around the community. The proposed amendments before the Commission relates to temporary structures and temporary uses, what are considered temporary uses and structures and how such uses or structures are different from other more permanent uses and structures. In addition, staff took the opportunity to specifically address portable storage containers. 3|Page LENEXA PLANNING COMMISSION MEETING MINUTES JANUARY 6, 2014 Since the packet was distributed some concerns were raised regarding the deletion of temporary banking facilities. It was not staff’s intention to no longer allow them, rather looking to generalize temporary uses and structures. That is the reason the sales and real estate temporary structures were modified to be general to address all temporary uses and structures. Staff also divided the different types. Staff would like to get comments on the changes and look at temporary banking facilities to make sure that staff is not excluding them in a way that would be detrimental. There are reasons for having temporary banking structures that staff was unaware of until this afternoon. From a procedural standpoint staff asked the legal department to follow up prior to having the public hearing to explain the options. Planner Gable stated this has been a difficult section to tackle. Staff listed a lot of items to add and needed to further define some of the sections. The “PODS” are portable temporary structures for storage. The word POD was not used in the update because it is an actual, official name. They are something that is very difficult to enforce. Staff worked with enforcement on them; people complain about them but currently the way code is written there is not any teeth to go back to cite them. She stated she looked at several ordinances of the surrounding metro area and Googled temporary structures for other cities. The language that was used is a mix of everybody else’s and she believes it is good when it comes to PODS. One concern was what the trigger is to make these things go away. She tried to attach them to a building permit, for PODS they agreed they are allowed as a right, unless given a complaint or someone sees it and that is when the clock starts ticking. Commercial and Industrial are not currently allowed and not going to open that box to allow them other than the fact that they do know they are seasonal. She stated that Past and Presents, the retail store at Lackman and 87th have them at Christmas time they need that additional storage for seasonal items. They agreed to allow the PODS for commercial storage for seasonal purposes. Administrator Tilton stated those would be limited to 60 days per calendar year. Planner Gable stated schools were looked at, there seems to be a lot of questions regarding them for classrooms. As a policy staff has not allowed them because once allowed where do you stop? Temporary for a school or classroom could be indefinite. She stated she did not know how to control it so they agreed to go back and is now defined and gave them stipulations for control and set a time limit. They would go through a final plan and a development agreement. That way staff can make that classroom go away or have some control over it versus being there for ten years. She stated the definition section was tweaked. Real estate offices were not real clear, they wanted to divide it and make it construction trailers or sales offices. They have defined them differently. One instance was when LifeTime Fitness was under construction they wanted to put up a sales trailer to sell memberships. Staff was not sure how to do that because you have to think about when you allow something like that you have electrical permits and restrooms. There are a lot of things that come along with that, for instance parking, do you allow gravel, those are things that most people don’t think about when they want a trailer. Staff realized there are spots that were missed and should look at. She stated she would allow Sean to expound on the procedure. Attorney McLaughlin stated there are two options. The first is to ask if anyone is present for the public hearing, if no, then the Commission can discuss the item amongst themselves and make a motion to continue and discuss at a date certain or open the Public Hearing and do a motion to continue the hearing to a date certain and move on without closing the Public Hearing. He assumed the discussion would take place without a Public Hearing and continue the item to a date certain. 4|Page LENEXA PLANNING COMMISSION MEETING MINUTES JANUARY 6, 2014 PLANNING COMMISSION DISCUSSION: Commissioner Horine stated he would like a definition of a POD or storage container versus a trash container. If someone is working on their house and have a trash container, is that a POD or storage container. Planner Gable stated that is a dumpster that does not fall under a storage container. Staff gave a POD dimensions and it is 16 feet in length, 8 feet in width and height. They tried to put in language as far as….. Commissioner Horine stated they might put these in as part of a re-roof and it could be there for a while and is that considered storage. There is probably a difference there. Planner Gable stated that is not storage. Commissioner Horine stated a POD being a legal name, those are the kinds of things someone moves from someplace to the house and then they store it when they are moving. He stated when his son was getting ready to do this; you can rent POD sections that add onto each other. You attach different sections to it so it looks like one, big, long POD. Is that one, two or three, are you clarifying that it has to be a certain length. The other concern was on the temporary sales office that is at a residential area. He has not seen those and is not sure what that is. Commissioner Poss stated it depends on where they are at construction, if they had a trailer it would be pre-model home as they are usually in the garage. Planner Gable stated that is a good example of use versus structure. A sales office is inside of a model home that is a temporary use; a model home is an allowed structure. Commissioner Horine asked if staff had spoken to anybody in the business community that does this type of thing as to whether this change is going to be detrimental or a good idea for a business. We need to know if this is going to increase their costs exorbitantly and be detrimental. Planner Gable stated that Overland Park codes specifically say “No PODS in residential”. She sees them in her neighborhood, so they must not be enforcing them. The codes she looked at addressed them in one fashion or the other, whether they allowed them or not, but they did address them with conditions or not at all. It is a regulation situation. Administrator Tilton asked if Commissioner Horine was thinking about the temporary sales and construction site offices in terms of have we talked to developers. She wants to be sure to get all questions answered when this comes back before the Commission. Commissioner Horine stated he was thinking the construction sites where everyone throws up a construction trailer. Commissioner Horine stated that reading through it he does not know if he has a particular problem with it but believes input from the community that it will affect is needed. 5|Page LENEXA PLANNING COMMISSION MEETING MINUTES JANUARY 6, 2014 Commissioner King stated she sees PODS in neighborhoods periodically; she has never had an issue with them as they are temporary. Job trailers are a necessity. She stated she remembers when Health Ridge was built they leased space in a shopping center to sell memberships. She does not know how you would differentiate having a sales office versus a construction trailer on a construction site. Planner Gable stated you could do that, one is allowed for construction and the other allowed for sales. You could use a trailer to do the sales it will be a different use and the timeframe would control that, tag it on to the building permit. Administrator Tilton stated they tried to differentiate one kind to an active building permit versus one that is not tied to that permit but is tied to something else to get them out of that temporary situation as quickly as possible. Commissioner King asked if the city does not allow temporary classrooms. Planner Gable stated it has been policy to not allow them. There was one that was allowed at Mill Creek School that went to the Planning Commission. There has never been a procedure to approve them and Mill Creek was the last one with Final Plan and it had a defined time that it was allowed. There were no definitions or anything to regulate them with. With this they can be allowed as long as the criteria are met and have a development agreement. Commissioner King stated she sees where schools may need to have temporary classrooms for a while until they get things figured out. Commissioner Poss stated he has had temporary construction trailers where he has had to get separate permits to address anchor points in the event of a gust of wind as it could blow it over, utilities and so on and so forth. Temporary Sales offices are more of a sticky situation, since it is the general public coming into a construction site there is a lot of liability there. Also, ADA would need to be addressed; he has had to build some massive ramps before. Administrator Tilton stated they would need a permit, staff is saying that the removal needs to be within a period of time when the TCO or CO is issued. She stated that can be clarified. Commissioner Poss asked what temporary banking structures are for. Administrator Tilton stated there have been situations where a bank has wanted to go ahead and start operating and be in business and is working through or has received their charter and they have to be operating within a certain period of time. In many cases they can go into an existing structure but in areas, especially in our western community where there are not as many vacant buildings they may want to locate in an area that is underdeveloped and in that case having a temporary facility in a temporary structure is what we were looking at. Ms. Tilton asked if Chairman Oppliger would like to elaborate on that as he has worked with this type of situation in his career. Chairman Oppliger stated that he brought this question up to the staff. There are several different reasons for them to have a temporary buildings; the De Novo branch, never having been in business 6|Page LENEXA PLANNING COMMISSION MEETING MINUTES JANUARY 6, 2014 before, a new charter, they would need a temporary facility. They would usually pick a double wide facility and they have to be more than anchored down, they have to have footings, there are Federal Regulations for temporary banking facilities as well. They may be there for longer than two years to get through their chartering process, get open and get their new structure up and running. There are specific requirements to get them down low for ADA because of the drive in window being on the same level as the interior floor of the bank. It is a long hard process that they have to go through and it would definitely include a building permit. It is not like a construction trailer that is just brought in and in 9 months they build the structure and then they are gone. The city needs that protection that they can move this process along because you really don’t want a temporary facility there for three or four years. Depending on construction and all the other things going on with construction it can take a while. Everything goes in cycles and it may be ten years before we ever see another charter bank in Johnson County. It is a long and expensive process for the bank, but it needs to be addressed in our ordinances and not allowed by use, it needs to be a special use. Commissioner Katterhenry stated he has seen the temporary banks; you can actually go online and order a temporary bank and they do sit there for some time. Chairman Oppliger stated that we need to make sure that they are done to our normal building code; it is almost like a permanent building, but not really. The banks do not want the temporary structures there indefinitely; they want to be in their own building. Commissioner Katterhenry asked how the storage containers fall under this that may be 8 x 10 x 40 feet. On construction sites the subs will bring them in to store their electrical materials and such. He asked if they fall under this same ordinance. Administrator Tilton stated with respect to the sizes, the temporary construction office are not limited to the same size as the temporary storage containers. Commissioner Burch asked why they separated the bank how it was; at some point someone thought it was necessary to single them out. Commissioner Horine stated when Lenexa first had their growth spurt there were a lot of banks that came to open and had the temporary facilities. Country Hill, one next to Tanner’s, one on 95th Street, etc. It seemed like this was the place to be, the construction area. There were a lot of temporary trailers. He thought that may have been the reason. Recording Secretary Johnson stated that the temporary banking facilities were specifically called out in 2000 by an ordinance amendment because of the temporary facility that United Bank of Kansas on Woodland Road wanted to install prior to the permanent structure being built. Because of the strict banking regulations the temporary structures are limited to the length of time they can be used. Therefore, staff made the amendment to the ordinance to allow the temporary banking structures by special use permit in the zones in which banks are an allowed use. The previous ordinance was a special use permit for any type of land use, where this one specifically called out banking facilities. Commissioner Hoffman stated he dealt with a customer that had stored hazardous materials in a temporary storage for years and years and years. It had its own fire suppression system. It was way less expensive to do that than to actually build the facility in which to store the material. He 7|Page LENEXA PLANNING COMMISSION MEETING MINUTES JANUARY 6, 2014 asked how something like that would fall into this category. Administrator Tilton stated that staff would look into that type of situation. Commissioner Hoffman stated that his personal preference would be to minimize the time period in which they are allowed. When you put these things in the driveway you have created more traffic on the street because now both cars that belong in the garage are not able to get in it. He would hope we try to minimize the use of PODS on the driveway as much as possible. With the schools he is more inclined to allow temporary classrooms. The schools have difficult times with finances. It makes sense to allow them for a year or two. We are almost creating hurdles for schools. A lot of the schools have enough ground that you could put a temporary structure behind the main structure and hardly anybody would be able to see them. If they sit there for two or three years in order to get a bond issue passed, it is really hurting anyone? It would help them to get things in order. Chairman Oppliger stated that is a good point, he recently saw some at Blue Valley Schools. Mill Creek many years ago had some. Perhaps if we could invite one or more of the school districts to talk with staff or come to the public hearing to give some input on the subject and nature of the facilities. The structures come under a lot of safety codes. He believes staff needs to solicit their input. Commissioner Katterhenry stated there are places in Florida that have had these structures up for at least five years. Commissioner Hoffman stated part of that is because there are bumps in the population and it may subside in a few years and then they could remove them. Commissioner Grunewald stated that financing may come into play as well. That could tie into the population bump as they show up. He thought it strange to have an exact size in the ordinance, as they may vary by a foot or a couple of inches. There may be different versions of “PODS” and wonders if there should be an exception for the size. As it stands now, there is no give or take. Chairman Oppliger stated that they had one at their business for a few days and then it was taken off-site for storage. Commissioner Poss stated while remodeling your house you get a POD in order to put your furnishings in while the remodeling is going on. He could understand the 60 days in that instance. If you are moving it is probably going to be there less than a week or two. If you are remodeling 60 days may not be long enough. Chairman Oppliger stated this is a new market. What did we do before they were available? We put our stuff in the garage or you hired a truck and had it moved to storage. This is a convenience by having it next to the house. They can take it off site and store the PODS at another location of inside storage. It is a new convenience that needs to be limited. Commissioner King stated she agrees with Commissioner Hoffman where we have an opportunity to help the school districts that are in need. There are some schools that need temporary classrooms in order to raise funds before additions can be made. 8|Page LENEXA PLANNING COMMISSION MEETING MINUTES JANUARY 6, 2014 Commissioner Poss stated he still believes there needs to be time limits on how long the temporary structures can stay if they are allowed for schools. He stated when he was growing up there were temporary structures when he was in middle school and they were still there when he graduated high school. It may even still be there today. You have to set limitations, as they are temporary in nature, until you need it forever. The funding may never come; one has to give before the other. Possibly a maximum of five years. Chairman Oppliger agreed that was a good point. He stated the Commission has had some real good discussion. He stated staff requested it be continued and asked staff if one month would be enough to come back with the updates. Administrator Tilton stated it might be best to give it two months to have adequate time for more research. MOTION: Chairman Oppliger entertained a motion to CONTINUE the Public Hearing regarding amendments to the Unified Development Code specifically relating to Temporary Structures to the March 3, 2014 Planning Commission meeting. Moved by Commissioner Horine, seconded by Commissioner Burch, and carried by a majority poll vote. (9-aye, 0-nay, 0-abstained) POLL VOTE: AYE: Commissioner Katterhenry Commissioner Burch Commissioner Horine Commissioner Reichmeier Commissioner Poss Commissioner Hoffman Commissioner King Commissioner Grunewald Chairman Oppliger NAY: None ABSTAIN: None ABSENT: None The meeting adjourned at 8:10 p.m. Lu Anne Johnson , Recording Secretary Beccy Yocham, Director of Community Development 9|Page
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