Planning Commission
Regular MeetingSpring Hill, KS · May 7, 2015
Minutes
City of Spring Hill, Kansas
Minutes of Planning Commission Regular Session
May 7, 2015
A Regular Session of the Planning Commission was held in the Spring Hill Civic Center, 401 N.
Madison, Room 15, Spring Hill, Kansas on May 7, 2015. The meeting convened at 7:00 p.m. with
Chairman Mitchell presiding, and Christie Campbell, Planning Secretary recording.
Commissioners in attendance: Troy Mitchell
Brian Haupt
Josh Nowlin
Janell Pollom
Stephen Sly
Cindy Squire
Michael Weber
Commissioners absent: Tobi Bitner
Staff in attendance: Jim Hendershot, Community Development Director
Christie Campbell, Planning Secretary
Public in attendance: Jeff Seib, The Creative Place
Kelly Ashton, The Creative Place
Kim Thompson, TKT Properties
Jim Wilson, Spring Hill Historical Society and Cemetery Board
Leslie Birmingham, Business owner
Kevin Cade, Business owner
ROLL CALL
The secretary called the roll of the Planning Commissioners. With a quorum present, the meeting
commenced.
APPROVAL OF THE AGENDA
Motion by Mr. Weber, seconded by Mr. Haupt, to approve the agenda as presented.
Motion carried 7-0-0
FORMAL ACTION
1. Approval of Minutes: April 2, 2015
Motion by Mr. Haupt, seconded by Mr. Sly, to approve the minutes with correction to the adjournment
motion.
Motion carried 7-0-0
2. Public Hearing – Rezoning (Z-01-15)
Case No: Z-01-15
Request: C-2 General Business to P-O Protective Overlay
Address: 21901 Victory Rd.
Applicant: Kim Thompson, TKT Properties
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 1 of 13
Beginning of Staff Report
SPRING HILL PLANNING COMMISSION
ZONING STAFF REPORT
Case #: Z-01-15 Meeting Date: May 7, 2015
Description: Proposed Rezoning from C-2 to C-2 with P-O (Protective Overlay)
Location: 21901 Victory Road
Applicant: TKT Properties, Kim & Terry Thompson
Engineer: N/A
Current Zoning: C-2 Proposed Zoning: C-2 with P-O
Site Area: 11,730 Sq. Ft. Number of Lots: 1
Current Zoning Existing Land Use Future Land Use Map
Site: C-2 Commercial Mixed Use Comm.
North: R-1 Commercial Mixed Use Comm
South: R-1 Residential Mixed Use Comm.
East: R-1 Residential Residential
West: C-2 Commercial Mixed Use Comm.
Proposed Use: Commercial with Residential Overlay
SITE LOCATION
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 2 of 13
AREA PHOTO
21901 Victory
AREA ZONING
R-4 C-O 21901 Victory Rd.
C-2
R-3
R-1
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 3 of 13
FUTURE LAND USE
Residential
21901 Victory Rd.
Mixed Use
Commercial
BACKGROUND:
An application has been received for rezoning property located at 21901 Victory Road from C-2 (General
Business) to C-2 with a P-O (Protective Overlay). Purpose of the rezoning is to continue the primary use
of the building as commercial while providing an option for residential use on either the main floor or
second floor. Location of the residence would be dependent on the commercial use of the building.
Currently the building could be modified for an apartment on either level with minimal remodeling.
PROTECTIVE OVERLAY DISTRICT – REVIEW:
The City’s Zoning Ordinance allows residential uses in a commercial district upon approval of a “P-O”
Protective Overlay district (Section 17.326.B.2). The “P-O” district may establish specific development
standards for residential uses in the underlying “C-2” district, which is the existing zoning in the downtown
area.
The P-O district may be applied in combination with any base-zoning district. By tailoring use or property
development standards to individual projects or specific properties, the P-O district is intended to:
1. Ensure compatibility among incompatible or potentially incompatible land uses;
2. Ease the transition from one zoning district to another;
3. Address sites or land uses with special requirements; and
4. Guide development in unusual situations or unique circumstances.
The P-O district can be used to modify and restrict the use and property development standards of an
underlying base zoning district. All requirements of a P-O district are in addition to and supplement all other
applicable standards and requirements of this Regulation. Restrictions and conditions imposed by a P-O
district shall be limited to the following.
1. Prohibiting otherwise permitted or conditional uses and accessory uses; or making an
otherwise permitted use a conditional use;
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 4 of 13
2. Decreasing the number or average density of dwelling units that may be constructed on the
site;
3. Increasing minimum lot size or lot width;
4. Increasing minimum setback requirements;
5. Restrictions on access to abutting properties and nearby roads, including specific design
features; and
6. Any other specific development standards required or authorized by this Regulation.
REZONING:
The review of the proposed rezoning is consistent with Golden v. City of Overland Park, 224 Kan. 591,
584 P. 2d 130 (1978).
1. Consistent with purposes of the regulations and intent and purpose of the proposed district:
The proposed rezoning is consistent with the purpose and intent of the regulations regarding
Protective Overlay Districts.
2. Neighborhood Character: As shown on the aerial photo above, the surrounding neighborhood is
commercial and residential.
3. Zoning and uses of nearby parcels: As shown on the area zoning map above the surrounding
neighborhood is a combination of commercial and residential zoning districts.
4. Requested because of changing conditions: Request is based on a business opportunity.
5. Suitability of parcel for uses restricted by the current zone: C-2 districts are available for most all
general retail and service establishments.
6. Suitability of parcel for uses permitted by the proposed district: The parcel under consideration
for rezoning is suitable for uses permitted in a C-2 district.
7. Detrimental Effect of Zoning Change: No detrimental effects are anticipated.
8. Proposed amendment corrects an error: No error is being corrected.
9. Length of property has been vacant: This property has been occupied in the past with only minor
interruptions in the occupancy rate.
10. Adequacy of facilities: All utilities are adequate and available to the property and the property is
adequately suited for the proposed use.
11. Conformance with Comprehensive Plan. The Comprehensive Plan and Future Land Use Map
identifies this area as Mixed Use Commercial. This classification promotes a mixture of
neighborhood-oriented office, retail-commercial, institutional, civic, and medium to high density
residential uses through compatible site planning and site design. The use of the property as a
commercial business with the implementation of an Overlay District is in compliance with the
Comprehensive Plan.
12. Hardship if application is denied: The applicant can better speak to hardships if the application is
denied.
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 5 of 13
13. Recommendation: Staff recommends approval of rezoning case Z-01-15 from C-2 (General
Commercial) to C-2 with a P-O (Protective Overlay) for use as a commercial business with a one
residential apartment.
End of Staff Report
It was noted by Staff that the rezoning will only allow for one (1) living unit in the building.
Ms. Kim Thompson, owner of TKT Properties, addressed the Planning Commissioners to explain that
she would like to make this property marketable for rent or sale as a potential business use with an
option for one apartment.
Chairman Mitchell formally opened the public hearing; with no questions or comments from the
public, the public hearing was closed.
Motion by Mr. Haupt, seconded by Mr. Sly, to approve the rezoning of case Z-01-15 from C-2
(General Business) to C-2 with a P-O (Protective Overlay) for use as a commercial business with a
one residential apartment.
Roll Call Vote: Nowlin-Aye, Sly-Aye, Haupt-Aye, Mitchell-Aye, Weber-Aye, Pollom-Aye, Squire-
Aye
Motion Carried 7-0-0
The rezoning case Z-01-15 for the property located at 21901 Victory Road will be forwarded to the
City Council for review on May 28, 2015.
3. Public Hearing – Rezoning (Z-02-15)
Case No: Z-02-15
Request: C-2 General Business to P-O Protective Overlay
Address: 116 S. Main St. and 118 S. Main St.
Applicant: Kelly Ashton & Jeff Seib, The Creative Place LLC
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 6 of 13
Beginning of Staff Report
SPRING HILL PLANNING COMMISSION
ZONING STAFF REPORT
Case #: Z-02-15 Meeting Date: May 7, 2015
Description: Proposed Rezoning from C-2 to C-2 with P-O (Protective Overlay)
Location: 116 & 118 S. Main St.
Applicant: The Creative Place, LLC – Jeff Seib
Engineer: Studio 605, Leawood, KS
Current Zoning: C-2 Proposed Zoning: C-2 with P-O
Site Area: 7,048 Sq. Ft. Number of Lots: 4
Current Zoning Existing Land Use Future Land Use Map
Site: C-2 Commercial Mixed Use Comm.
North: C-2 Commercial Mixed Use Comm.
South: C-2 Commercial Mixed Use Comm.
East: C-2 Commercial Mixed Use Comm.
West: C-2 Commercial Mixed Use Comm.
Proposed Use: Commercial with Residential Overlay
SITE LOCATION
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 7 of 13
AREA PHOTO
116 & 118 S. Main
AREA ZONING
116 & 118 S. Main
R-1
C-2
M-1
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 8 of 13
FUTURE LAND USE
116 & 118 S. Main
Mixed-Use
Comm.
Residential
BACKGROUND: An application has been received for rezoning 116 and 118 S. Main St. from C-2
(General Business) to C-2 with P-O (Protective Overlay). The two buildings will be used as a retreat
center featuring educational activities, artistic training, human creative development meetings,
workshops, conferences, seminars and related training activities or similar events and short term
functions. The facility will include dedicated space for meetings and educational purposes, communal
kitchen for personal food preparation and dining, bathroom and shower facilities and overnight sleeping
areas for groups of generally unrelated individuals attending an event at the retreat center. The facilities
are only for participants during the period of the retreat or program and are not designed or intended for
use as a residence and not to be utilized by the general public for meals or overnight accommodations.
Included with this packet you will find a written narrative and responses to zoning review criteria as
prepared by the applicant.
Notifications to area owners were mailed as required and a notice was published in the newspaper. To
date no public comments have been received.
PROTECTIVE OVERLAY DISTRICT – REVIEW: During the development of the Spring Hill
Comprehensive Plan this area was designated mixed-use commercial to allow for residential uses in the
downtown area. The Plan recommends preparing a comprehensive Town Core Master Plan for the area,
which includes downtown and the Webster Corridor, to address issues such as market niche/opportunities,
growth and development strategies, target development sites, parking, streetscape improvements, financial
incentives for development, and the adoption of new zoning and development regulations tailored
specifically to the needs of this area.
The City’s Zoning Ordinance allow residential uses in a commercial district upon approval of a “P-O”
Protective Overlay district (Section 17.326.B.2). The “P-O” district may establish specific development
standards for residential uses in the underlying “C-2” district, which is the existing zoning in the downtown
area.
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 9 of 13
The P-O district may be applied in combination with any base-zoning district. By tailoring use or property
development standards to individual projects or specific properties, the P-O district is intended to:
1. Ensure compatibility among incompatible or potentially incompatible land uses;
2. Ease the transition from one zoning district to another;
3. Address sites or land uses with special requirements; and
4. Guide development in unusual situations or unique circumstances.
The P-O district can be used to modify and restrict the use and property development standards of an
underlying base zoning district. All requirements of a P-O district are in addition to and supplement all other
applicable standards and requirements of this Regulation. Restrictions and conditions imposed by a P-O
district shall be limited to the following.
1. Prohibiting otherwise permitted or conditional uses and accessory uses; or making an
otherwise permitted use a conditional use;
2. Decreasing the number or average density of dwelling units that may be constructed on the
site;
3. Increasing minimum lot size or lot width;
4. Increasing minimum setback requirements;
5. Restrictions on access to abutting properties and nearby roads, including specific design
features; and
6. Any other specific development standards required or authorized by this Regulation.
REZONING:
The review of the proposed rezonings are consistent with Golden v. City of Overland Park, 224 Kan. 591,
584 P. 2d 130 (1978).
1. Consistent with purposes of the regulations and intent and purpose of the proposed district:
The proposed rezoning is consistent with the purpose and intent of the regulations regarding
Protective Overlay Districts.
2. Neighborhood Character: As shown on the aerial photo above, the surrounding neighborhood is
commercial in the downtown area.
3. Zoning and uses of nearby parcels: As shown on the area zoning map above the surrounding
neighborhood is zoned C-2, General Commercial.
4. Requested because of changing conditions: Request is based on a business opportunity unique to
the City of Spring Hill.
5. Suitability of parcel for uses restricted by the current zone: This area of Spring Hill is the core
downtown and zoned C-2, General Commercial. Uses restricted by the current zone may be located
in various areas of the community. However, C-2 districts are available for most all general retail and
service establishments.
6. Suitability of parcel for uses permitted by the proposed district: The parcels under consideration
for rezoning are suitable for uses permitted in a C-2 district.
7. Detrimental Effect of Zoning Change: No detrimental effects are anticipated.
8. Proposed amendment corrects an error: No error is being corrected.
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 10 of 13
9. Length of property has been vacant: This property has been occupied in the past with only minor
interruptions in the occupancy rate.
10. Adequacy of facilities: All utilities are adequate and available to the property and the property is
adequately suited for the proposed use.
11. Conformance with Comprehensive Plan. The Comprehensive Plan and Future Land Use Map
identifies this area as Mixed Use Commercial. This classification promotes a mixture of
neighborhood-oriented office, retail-commercial, institutional, civic, and medium to high density
residential uses through compatible site planning and site design. The use of the property as a retreat
center through the implementation of an Overlay District is in compliance with the Comprehensive
Plan.
12. Hardship if application is denied: This issue has been addressed by the applicant in the narrative
provided with the application.
13. Recommendation: Staff recommends approval of rezoning case Z-02-15 from C-2 (General
Commercial) to C-2 with a P-O (Protective Overlay) for use as a retreat center with provisions for
overnight accommodations for patrons of the facility only.
End of Staff Report
Mr. Hendershot noted that the applicant/business owner has provided a detailed and thorough outline
that explains the business plan. The Creative Place is intended as a place of instruction and hands-on
training and practical application of such artistic pursuits as quilting, scrapbooking, writing, and
related artistic and creative efforts in the Spring Hill area and the surrounding region.
Mr. Hendershot clarified that a protective overlay is needed for a residential type of use for overnight
accommodations in a commercial district.
The property owner confirmed that they would potentially use the upstairs 118 S. Main Street as a
studio, but not for overnight accommodations. However, further discussions indicated that if there
was a desire for overnight accommodations for the retreat center in the 118 building in the future,
then the protective overlay would allow for it.
Mr. Nowlin asked if there was any reason to not include 118 S. Main Street in the protective overlay.
Mr. Weber asked if the protective overlay (P-O) restricts the number of people that can sleep in the
building. Mr. Hendershot indicated that the P-O does not restrict the number of people, but it does
restrict the number of beds. However, fire codes will restrict the number of sleeping occupants.
Ms. Kelly Ashton, applicant/business owner, addressed the Planning Commission to provide details
regarding their business plan. She did indicate that this will be a single gender retreat; no mixed
gender retreats will be allowed for overnight stays.
Chairman Mitchell formally opened the public hearing.
Mr. Jim Wilson, citizen, member of the Spring Hill Historical Society and Cemetery Board, stated
that he is very impressed with the property owners for their “homework” they have done on the
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 11 of 13
business plan. He believes that this type of retreat center will be a great destination spot and
attraction for the City of Spring Hill.
Ms. Leslie Birmingham, citizen and business owner of The Quilted Sunflower, stated that this would
enhance her business tremendously and will be a very big benefit to Spring Hill in a lot of ways.
Ms. Kim Thompson, citizen and Chamber of Commerce board member, stated that it is wonderful
that the property owners are restoring these buildings downtown and will be a boost to the
community. She asked if these buildings would have enough parking for their business. Mr.
Hendershot indicated that there may not be enough parking, but there is public parking to the east of
these buildings to handle the overflow at this time. The property owner, Mr. Seib, indicated that the
current fenced area to the south of 118 S. Main Street would be demolished; thus, making more
parking spaces available.
Chairman Mitchell asked how long the retreats last. Ms. Ashton stated that the typical retreat stay is
for three (3) overnights. There is potential for week long overnight retreats depending on the distance
a group travels, making their time worthwhile.
Chairman Mitchell formally closed the public hearing.
Motion by Mr. Nowlin, seconded by Mr. Haupt, to approve the rezoning of case Z-02-15 for 116 and
118 S. Main Street from C-2 (General Business) to C-2 with a P-O (Protective Overlay) for use as a
retreat center with provisions for overnight accommodations for patrons of the facility only.
Roll Call Vote: Squire-Aye, Pollom-Aye, Weber-Aye, Mitchell-Aye, Haupt-Aye, Sly-Aye, Nowlin-
Aye
Motion carried 7-0-0
The rezoning case Z-02-15 for the properties located at 116 and 118 S. Main Street will be forwarded to
the City Council for review on May 28, 2015.
4. Establish alternate date for the July 2, 2015 Planning Commission Meeting
Due to the 4th of July holiday, the regular meeting scheduled for Thursday, July 2, 2015, has been
cancelled and rescheduled for Thursday, July 9, 2015 at 7:00 p.m. in Room 10 of City Hall.
DISCUSSION
5. Fence Regulations
Mr. Hendershot led a review and discussion on residential fence regulations with an emphasis on
corner lots and requests to enclose the street side yard. Our current regulations say that the side yard
cannot be enclosed on a corner lot. Mr. Hendershot will draft proposed changes to the current fence
regulations for the Planning Commissioners to review before establishing a public hearing.
6. Regulations regarding the outside display of merchandise in Commercial Districts
Mr. Hendershot led a review and discussion on existing regulations for the outside storage and/or
display of merchandise in commercial districts along with common requests for exceptions to these
regulations.
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 12 of 13
It was suggested by Mr. Hendershot that maybe we consider various types of language in the
regulations that are less restrictive to help businesses with outdoor display and marketing of their
merchandise, without always requiring a temporary use permit.
Commissioner Squire suggested that a work session be established at a future Planning Commission
Meeting to discuss this matter in further detail.
7. Capital Improvement Projects (Citizen’s Proposal Form)
The City of Spring Hill’s Finance Department has made this form available to the public to formally
make specific requests for capital improvement projects. This form is available on the City’s website
at www.springhillks.gov under Departments>Finance>2016 Citizen Capital Improvement Form.
REPORTS
Ms. Kim Thompson, citizen, addressed the Planning Commission with concerns about deer crossings at
approximately Webster Street and 199th Street. She asked to whom these types of issues are addressed.
Mr. Hendershot stated that if it is within city limits, then the process would begin with the Spring Hill
Traffic Committee.
ANNOUNCEMENTS FROM PLANNING COMMISSIONERS AND STAFF
Chairman Mitchell asked if there was any update on Johnson County Parks and Recreation developments in Spring
Hill. Mr. Hendershot indicated that there have been no updates at this time.
The Cargo Container Regulations will go before the City Council on May 14, 2015.
Mr. Hendershot reported that the annexation of the 100 acre tract located on the southwest corner of 199th and
Lone Elm Road was approved by the City Council on April 9, 2015. Thus, the progress and design of West Lake
Park will be coming soon.
Mr. Sly asked about the status of groundbreaking for the Blackhawk Apartments. Mr. Hendershot indicated that
Mr. Merritt is still working through bonding items, but it is believed that his intentions are to start sometime this
summer.
Chairman Mitchell inquired as to when the microbrewery (Red Crow Brewing Company) would be open for
business. It is the understanding of Staff that it is slated for opening in June 2015.
Ms. Leslie Birmingham, citizen and business owner of The Quilted Sunflower, asked if there are any options to
signage leading to the downtown historic district. The sign that is currently in place on the corner of Webster and
Hale Street sits low to the ground. She would like to see a directional sign that stands higher attracting attention to
downtown businesses. Mr. Hendershot will look into options.
ADJOURN
Motion by Mr. Weber, seconded by Mr. Sly, to adjourn.
The meeting adjourned at 8:47 p.m.
The May 7, 2015 meeting minutes were approved by the Planning Commission on June 4, 2015 as
presented.
Spring Hill Planning Commission Regular Session Minutes
May 7, 2015
Page 13 of 13
Agenda
SPRING HILL PLANNING COMMISSION
REGULAR MEETING
AGENDA
THURSDAY, MAY 7, 2015
7:00 P.M.
SPRING HILL CIVIC CENTER
401 N. MADISON – ROOM 15
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
FORMAL ACTION
1. Approval of Minutes: April 2, 2015
2. Public Hearing – Rezoning
Case No: Z-01-15
Request: C-2 General Business to P-O Protective Overlay
Address: 21901 Victory Rd.
Applicant: Kim Thompson, TKT Properties
3. Public Hearing – Rezoning
Case No: Z-02-15
Request: C-2 General Business to P-O Protective Overlay
Address: 116 S. Main St. and 118 S. Main St.
Applicant: Kelly Ashton & Jeff Seib, The Creative Place LLC
4. Establish alternate date for the July 2, 2015 Planning Commission Meeting
DISCUSSION
5. Fence Regulations
6. Regulations regarding the outside display of merchandise in Commercial Districts
7. Capital Improvement Projects (Citizen’s Proposal Form)
REPORTS
ANNOUNCEMENTS FROM PLANNING COMMISSIONERS AND STAFF
8. Planning & Zoning Commissioners Workshop on May 13, 2015 from 6:00 p.m. to 8:30 p.m.
located at the MARC Conference Center, 600 Broadway, Suite 200, Kansas City, MO 64105
Topic: Effective Meetings: Response to Common Citizen Concerns
ADJOURN
PUBLIC HEARING PROCEDURE
1. Chairperson opens the public hearing.
2. Commission members describe what, if any, ex-party contacts they might have had regarding
this case; indicating the nature of the communication and whom it was with.
3. Commission members describe what, if any, conflicts of interest they may have and dismiss
themselves from the hearing.
4. Staff presents a report and comments regarding the case.
5. Applicant or agent of the applicant makes brief presentation of the case or request.
6. Commission members ask for any needed clarification of the applicant or agent.
7. Public comments are solicited from the audience. Each member of the audience must fill out a
Citizen Participation/Comment Form.
8. Commission members ask for any further clarifications from applicant or staff.
9. Public Hearing is closed.
10. Members deliberate the request.
11. 14-day Protest Period begins after the Planning Commission Public Hearing is closed. *
* Protest Petitions: Any protest petition must be filed in the Office of the Spring Hill City Clerk
within 14 days from the conclusion of the public hearing held by the Planning Commission.
Sample copies of protest petitions may be obtained from the City Clerk Office at 401 N. Madison,
Spring Hill, KS 66083 (913-592-3664).
THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION
AND ARE NOT OFFICIAL MINUTES
UNITL APPROVED BY THE SPRING HILL PLANNING COMMISSION
City of Spring Hill, Kansas
Minutes of Planning Commission Regular Session
April 2, 2015
A Regular Session of the Planning Commission was held in the Spring Hill Civic Center, 401 N.
Madison, Room 15, Spring Hill, Kansas on April 2, 2015. The meeting convened at 7:00 p.m. with
Chairman Mitchell presiding, and Christie Campbell, Planning Secretary recording.
Commissioners in attendance: Troy Mitchell
Brian Haupt
Josh Nowlin
Janell Pollom
Stephen Sly
Cindy Squire
Commissioners absent: Tobi Bitner
Michael Weber
Staff in attendance: Jim Hendershot, Community Development Director
Christie Campbell, Planning Secretary
Public in attendance: Dena Cade
ROLL CALL
The secretary called the roll of the Planning Commissioners. With a quorum present, the meeting
commenced.
APPROVAL OF THE AGENDA
Motion by Mr. Haupt, seconded by Ms. Pollom, to approve the agenda as presented.
Motion carried 6-0-0
FORMAL ACTION
1. Approval of Minutes: February 4, 2015
Due to a lack of a quorum on March 5, 2015, no meeting was held; thus, no minutes were recorded.
Motion by Ms. Squire, seconded by Mr. Mitchell, to approve the minutes as presented for February 4,
2015.
Abstain by Mr. Nowlin, as he was not in attendance at the February 4, 2015 meeting.
Motion carried 5-0-1
Spring Hill Planning Commission Regular Session Minutes
April 2, 2015
Page 1 of 6
THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION
AND ARE NOT OFFICIAL MINUTES
UNITL APPROVED BY THE SPRING HILL PLANNING COMMISSION
2. Public Hearing regarding the proposed amendments to the zoning regulations designated
“Spring Hill Unified Zoning Ordinance” addressing Cargo Container Storage and Cargo
Container Maintenance Facilities and Cargo Container Use in individual zoning districts.
Mr. Hendershot noted the changes to the definitions as highlighted in red in the Commissioners’
packet. Additional grammatical revisions will be made to definition #25, and definition #40 will be
removed as it is a duplicate. It was also noted that definition #126 regarding semi-trailers has been
refined as requested by Mr. Haupt.
Mr. Hendershot noted that Section 17.328-MP Industrial Park Districts and Section 17.330.C M-1
General Industrial Districts under paragraph #5 that Cargo Container Storage Facilities and Cargo
Container Maintenance Facilities are allowed uses with a Conditional Use Permit subject to the new
Use Regulations outlined in Section 17.336.A.5.
Mr. Hendershot reviewed Section 17.336.B noting that in any zoning district, permanent cargo
containers are prohibited except where otherwise specified. Cargo containers shall not be modified or
retrofitted for on-site habitation. Cargo containers shall be prohibited from having windows, heating and
cooling, plumbing, or multiple entrances. Cargo containers are allowed to have electric and ventilation
systems installed that would be necessary to meet the minimum codes and standards for lighting and air
circulation for storage purposes.
It was also noted that cargo containers are prohibited for use as an accessory building or as a component
of an accessory building in AG, R-R, R-1, R-2, R-3, R-4, C-O, C-1 and C-2 districts. Cargo containers
will only be allowed as an accessory use in Industrial MP and M-1 districts.
Cargo containers that are already in place are classified as a non-conforming use. They are allowed as
long as they stay in safe condition. If these pre-existing, non-conforming use cargo containers are
removed, then they have 6 months to re-establish in the same location abiding by the original non-
conforming use guidelines.
It is Staff’s recommendation for the Planning Commission to recommend approval to go to the City Council on
April 23, 2015.
Chairman Mitchell formally opened the public hearing; with no comments presented, the public hearing was
closed.
Motion by Mr. Haupt, seconded by Mr. Sly, to approve the zoning ordinances with regards to Cargo Container
Storage and Cargo Container Maintenance Facilities and Cargo Container Use with grammatical revisions by
Staff.
Roll Call Vote: Nowlin-Aye, Sly-Aye, Haupt-Aye, Mitchell-Aye, Pollom-Aye, Squire-Aye
Motion Carried 6-0-0
Spring Hill Planning Commission Regular Session Minutes
April 2, 2015
Page 2 of 6
THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION
AND ARE NOT OFFICIAL MINUTES
UNITL APPROVED BY THE SPRING HILL PLANNING COMMISSION
3. Lot Split – Tom Beachner (LS-01-15)
Beginning of Staff Report
SPRING HILL PLANNING COMMISSION
SITE PLAN STAFF REPORT
Case #: LS-01-15 Meeting Date: April 2, 2015
Description: Proposed Lot Split
Location: K7/US169 Highway north of 191st St.
Applicant: Tom Beachner
Engineer: Allenbrand-Drews & Associates
Site Area: 26.25 Ac. Total: Lot 1 = 5.0 Ac., Lot 2 = 21.25 Ac.
Minimum Lot Area: No minimum
Current Zoning: M-1 General Proposed Use: Farm ground and
Industrial industrial business
Related Applications: None
SITE LOCATION
Spring Hill Planning Commission Regular Session Minutes
April 2, 2015
Page 3 of 6
THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION
AND ARE NOT OFFICIAL MINUTES
UNITL APPROVED BY THE SPRING HILL PLANNING COMMISSION
Lot 1 Lot 2
191st St.
K7/US169
BACKGROUND:
The applicant, Tom Beachner, has submitted an application for a lot split for the 26.25 acre tract located
on US169 Highway approximately ½ mile north of 191st Street. The existing drive to the property will
be a common entrance to both properties and the applicant is aware of the future concept improvements
along the highway.
STAFF COMMENT:
The applicant is requesting a lot split to create two tracts with one being 5 acres and the second being 21.25
acres in area. Lot 1 will remain industrial in use and Lot 2 will remain vacant farm land. The property is
currently zoned “M-1” General Industrial.
The Subdivision Regulations of Spring Hill, Section 17.374 provides for the division of a tract of land or lot
into not more than two tracts or lots without having to comply with the platting requirements described in
Section 17.372.
STAFF REVIEW
Section 17.374.D of the Subdivision Regulations provides for the following review criteria for a proposed lot
split:
No lot or tract split shall be approved if one of the following applies:
1. A new street or alley is needed or proposed.
2. Such action will result in significant increases in service requirements or will interfere with
maintaining existing service levels.
3. There is less street right-of-way than required by the Subdivision Regulations unless such dedication
can be made a separate instrument.
4. All easement requirements have not been satisfied.
5. Such split will result in a tract without direct access to and less than 75 feet of frontage on a street.
Spring Hill Planning Commission Regular Session Minutes
April 2, 2015
Page 4 of 6
THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION
AND ARE NOT OFFICIAL MINUTES
UNITL APPROVED BY THE SPRING HILL PLANNING COMMISSION
6. A substandard sized lot or parcel will be created according to the Subdivision Regulations or the
Spring Hill Zoning Regulations.
7. The lot split does not have a plan on how it will be served by water and sanitary sewers.
It is staff’s opinion that none of the items listed in 1-7 above apply to this application
RECOMMENDATION: Staff recommends approval of the lot split application LS-01-15.
End of Staff Report
It was noted by Mr. Hendershot that the owner of this lot does understand that the entrance to this
property could potentially be removed if the Kansas Department of Transportation (KDOT) decides to
modify US 169 Hwy.
Motion by Ms. Squire, seconded by Ms. Pollom, to approve Lot Split (LS-01-15).
Roll Call Vote: Squire-Aye, Pollom-Aye, Mitchell-Aye, Haupt-Aye, Sly-Aye, Nowlin-Aye
Motion carried 6-0-0
DISCUSSION
4. Overview of 223rd Street Transportation Plan
Mr. Hendershot presented a summary of the 223rd Street traffic study. The Kansas Department of
Transportation (KDOT), the City of Spring Hill, and Miami County entered into a mutual
agreement in November 2014 to partner on a study. This study included Columbia Road to
Victory Road with particular emphasis on 223rd Street to include Webster Street, Old KC Road,
and Harrison Street.
HNTB is the on-call contractor for KDOT on the K-7 Management Program. This group was
contracted to complete the 223rd Street traffic study. They analyzed all of the previous studies,
along with the impact studies done by various subdivisions, particularly the Wilson Study in
2007. The current HNTB study is based on projected traffic growth to the year 2040. The
committee included ten (10) different options, which was narrowed down to two (2) viable
options during the Phase I analysis.
More details will be published in the near future.
5. Review of Planning Commission ByLaws
A general discussion of the Planning Commission ByLaws commenced with no formal action taken.
Staff was requested by the Planning Commission to communicate with Mayor Ellis regarding
consistency of expectations for all City boards and commissions.
Spring Hill Planning Commission Regular Session Minutes
April 2, 2015
Page 5 of 6
THE FOLLOWING MINUTES ARE SUBJECT TO MODIFICATION
AND ARE NOT OFFICIAL MINUTES
UNITL APPROVED BY THE SPRING HILL PLANNING COMMISSION
REPORTS
6. Annual Review on Conditional Use Permit CU-01-14 (Ad Trend Off-Premise Billboard)
Staff has reviewed the conditions placed on this CUP that was approved in 2014 and found the sign to
be in compliance with the CUP. The next review date is February 27, 2016.
ANNOUNCEMENTS FROM PLANNING COMMISSIONERS AND STAFF
Ms. Squire inquired about the status of playground equipment at Melvin Murry Park.
Mr. Mitchell stated that Johnson County Parks and Recreation has a park in every JOCO municipality
with the exception of Spring Hill.
Mr. Mitchell asked about the status of the water tower rehab project. Per Mr. Hendershot, this project is
still on schedule to begin soon.
Mr. Sly inquired as to when the developer would begin breaking ground for the construction of the
Blackhawk Apartments. Per Mr. Hendershot, the developer is working through financial applications
with the City for benefit districts and will potentially break ground in the Summer of 2015.
Planning Commissioners are invited to attend a meeting sponsored by MARC with a topic entitled
“Effective Meetings: Response to Common Citizen Concerns”. This meeting will be held on May 13,
2015, starting at 6:30 p.m. at the MARC Conference Center. Please contact Christie Campbell, Planning
Secretary, to confirm attendance and reservation.
Mr. Mitchell inquired about the status of the organization, MARC, that is trying to connect all of the
walking trails together in Johnson County. Mr. Hendershot stated that this project is still in the works
with MARC.
Mr. Hendershot shared that the annexation of the 100 acres north of the golf course will be submitted to
the City Council on April 9th. The approval of this will allow the City to get the right-of-way dedicated,
which will allow the City an access road to West Lake Park, which will in turn allow us to start the park
project.
Mr. Sly inquired about the status of Red Crow Brewing Company’s microbrewery opening date. It is
scheduled to open in the Summer of 2015.
Mr. Hendershot reported that two buildings have sold in the Spring Hill Historical District on Main
Street.
ADJOURN
Motion by Mr. Mitchell, seconded by Mr. Nowlin, to adjourn.
The meeting adjourned at 8:46 p.m.
Spring Hill Planning Commission Regular Session Minutes
April 2, 2015
Page 6 of 6
Agenda Item No. 2
SPRING HILL PLANNING COMMISSION
ZONING STAFF REPORT
Case #: Z-01-15 Meeting Date: May 7, 2015
Description: Proposed Rezoning from C-2 to C-2 with P-O (Protective Overlay)
Location: 21901 Victory Road
Applicant: TKT Properties, Kim & Terry Thompson
Engineer: N/A
Current Zoning: C-2 Proposed Zoning: C-2 with P-O
Site Area: 11,730 Sq. Ft. Number of Lots: 1
Current Zoning Existing Land Use Future Land Use Map
Site: C-2 Commercial Mixed Use Comm.
North: R-1 Commercial Mixed Use Comm
South: R-1 Residential Mixed Use Comm.
East: R-1 Residential Residential
West: C-2 Commercial Mixed Use Comm.
Proposed Use: Commercial with Residential Overlay
SITE LOCATION
AREA PHOTO
21901 Victory
AREA ZONING
R-4 C-O 21901 Victory Rd.
C-2
R-3
R-1
P:\PLANNING\Christie\Boards\Planning Commission Data\2015 PC Agenda\050715\Z-01-15 staff
report.doc
FUTURE LAND USE
Residential
21901 Victory Rd.
Mixed Use
Commercial
BACKGROUND:
An application has been received for rezoning property located at 21901 Victory Road
from C-2 (General Business) to C-2 with a P-O (Protective Overlay). Purpose of the
rezoning is to continue the primary use of the building as commercial while providing an
option for residential use on either the main floor or second floor. Location of the
residence would be dependent on the commercial use of the building. Currently the
building could be modified for an apartment on either level with minimal remodeling.
PROTECTIVE OVERLAY DISTRICT – REVIEW:
The City’s Zoning Ordinance allows residential uses in a commercial district upon approval
of a “P-O” Protective Overlay district (Section 17.326.B.2). The “P-O” district may
establish specific development standards for residential uses in the underlying “C-2” district,
which is the existing zoning in the downtown area.
The P-O district may be applied in combination with any base-zoning district. By tailoring
use or property development standards to individual projects or specific properties, the P-O
district is intended to:
1. Ensure compatibility among incompatible or potentially incompatible land
uses;
2. Ease the transition from one zoning district to another;
3. Address sites or land uses with special requirements; and
4. Guide development in unusual situations or unique circumstances.
P:\PLANNING\Christie\Boards\Planning Commission Data\2015 PC Agenda\050715\Z-01-15 staff
report.doc
The P-O district can be used to modify and restrict the use and property development
standards of an underlying base zoning district. All requirements of a P-O district are in
addition to and supplement all other applicable standards and requirements of this
Regulation. Restrictions and conditions imposed by a P-O district shall be limited to the
following.
1. Prohibiting otherwise permitted or conditional uses and accessory uses; or
making an otherwise permitted use a conditional use;
2. Decreasing the number or average density of dwelling units that may be
constructed on the site;
3. Increasing minimum lot size or lot width;
4. Increasing minimum setback requirements;
5. Restrictions on access to abutting properties and nearby roads, including
specific design features; and
6. Any other specific development standards required or authorized by this
Regulation.
REZONING:
The review of the proposed rezoning is consistent with Golden v. City of Overland Park,
224 Kan. 591, 584 P. 2d 130 (1978).
1. Consistent with purposes of the regulations and intent and purpose of the
proposed district: The proposed rezoning is consistent with the purpose and intent
of the regulations regarding Protective Overlay Districts.
2. Neighborhood Character: As shown on the aerial photo above, the surrounding
neighborhood is commercial and residential.
3. Zoning and uses of nearby parcels: As shown on the area zoning map above the
surrounding neighborhood is a combination of commercial and residential zoning
districts.
4. Requested because of changing conditions: Request is based on a business
opportunity.
5. Suitability of parcel for uses restricted by the current zone: C-2 districts are
available for most all general retail and service establishments.
6. Suitability of parcel for uses permitted by the proposed district: The parcel under
consideration for rezoning is suitable for uses permitted in a C-2 district.
7. Detrimental Effect of Zoning Change: No detrimental effects are anticipated.
8. Proposed amendment corrects an error: No error is being corrected.
P:\PLANNING\Christie\Boards\Planning Commission Data\2015 PC Agenda\050715\Z-01-15 staff
report.doc
9. Length of property has been vacant: This property has been occupied in the past
with only minor interruptions in the occupancy rate.
10. Adequacy of facilities: All utilities are adequate and available to the property and
the property is adequately suited for the proposed use.
11. Conformance with Comprehensive Plan. The Comprehensive Plan and Future
Land Use Map identifies this area as Mixed Use Commercial. This classification
promotes a mixture of neighborhood-oriented office, retail-commercial, institutional,
civic, and medium to high density residential uses through compatible site planning
and site design. The use of the property as a commercial business with the
implementation of an Overlay District is in compliance with the Comprehensive Plan.
12. Hardship if application is denied: The applicant can better speak to hardships if the
application is denied.
13. Recommendation: Staff recommends approval of rezoning case Z-01-15 from C-2
(General Commercial) to C-2 with a P-O (Protective Overlay) for use as a
commercial business with a one residential apartment.
P:\PLANNING\Christie\Boards\Planning Commission Data\2015 PC Agenda\050715\Z-01-15 staff
report.doc
Agenda Item No. 3
SPRING HILL PLANNING COMMISSION
ZONING STAFF REPORT
Case #: Z-02-15 Meeting Date: May 7, 2015
Description: Proposed Rezoning from C-2 to C-2 with P-O (Protective Overlay)
Location: 116 & 118 S. Main St.
Applicant: The Creative Place, LLC – Jeff Seib
Engineer: Studio 605, Leawood, KS
Current Zoning: C-2 Proposed Zoning: C-2 with P-O
Site Area: 7,048 Sq. Ft. Number of Lots: 4
Current Zoning Existing Land Use Future Land Use Map
Site: C-2 Commercial Mixed Use Comm.
North: C-2 Commercial Mixed Use Comm.
South: C-2 Commercial Mixed Use Comm.
East: C-2 Commercial Mixed Use Comm.
West: C-2 Commercial Mixed Use Comm.
Proposed Use: Commercial with Residential Overlay
SITE LOCATION
AREA PHOTO
116 & 118 S. Main
AREA ZONING
116 & 118 S. Main
R-1
C-2
M-1
P:\PLANNING\Christie\Boards\Planning Commission Data\2015 PC Agenda\050715\Z-02-15 staff
report.doc
FUTURE LAND USE
116 & 118 S. Main
Mixed-Use
Comm.
Residential
BACKGROUND: An application has been received for rezoning 116 and 118 S. Main St.
from C-2 (General Business) to C-2 with P-O (Protective Overlay). The two buildings
will be used as a retreat center featuring educational activities, artistic training, human
creative development meetings, workshops, conferences, seminars and related training
activities or similar events and short term functions. The facility will include dedicated
space for meetings and educational purposes, communal kitchen for personal food
preparation and dining, bathroom and shower facilities and overnight sleeping areas for
groups of generally unrelated individuals attending an event at the retreat center. The
facilities are only for participants during the period of the retreat or program and are not
designed or intended for use as a residence and not to be utilized by the general public for
meals or overnight accommodations.
Included with this packet you will find a written narrative and responses to zoning review
criteria as prepared by the applicant.
Notifications to area owners were mailed as required and a notice was published in the
newspaper. To date no public comments have been received.
PROTECTIVE OVERLAY DISTRICT – REVIEW: During the development of the
Spring Hill Comprehensive Plan this area was designated mixed-use commercial to allow
for residential uses in the downtown area. The Plan recommends preparing a
comprehensive Town Core Master Plan for the area, which includes downtown and the
Webster Corridor, to address issues such as market niche/opportunities, growth and
development strategies, target development sites, parking, streetscape improvements,
P:\PLANNING\Christie\Boards\Planning Commission Data\2015 PC Agenda\050715\Z-02-15 staff
report.doc
financial incentives for development, and the adoption of new zoning and development
regulations tailored specifically to the needs of this area.
The City’s Zoning Ordinance allow residential uses in a commercial district upon approval
of a “P-O” Protective Overlay district (Section 17.326.B.2). The “P-O” district may
establish specific development standards for residential uses in the underlying “C-2” district,
which is the existing zoning in the downtown area.
The P-O district may be applied in combination with any base-zoning district. By tailoring
use or property development standards to individual projects or specific properties, the P-O
district is intended to:
1. Ensure compatibility among incompatible or potentially incompatible land
uses;
2. Ease the transition from one zoning district to another;
3. Address sites or land uses with special requirements; and
4. Guide development in unusual situations or unique circumstances.
The P-O district can be used to modify and restrict the use and property development
standards of an underlying base zoning district. All requirements of a P-O district are in
addition to and supplement all other applicable standards and requirements of this
Regulation. Restrictions and conditions imposed by a P-O district shall be limited to the
following.
1. Prohibiting otherwise permitted or conditional uses and accessory uses; or
making an otherwise permitted use a conditional use;
2. Decreasing the number or average density of dwelling units that may be
constructed on the site;
3. Increasing minimum lot size or lot width;
4. Increasing minimum setback requirements;
5. Restrictions on access to abutting properties and nearby roads, including
specific design features; and
6. Any other specific development standards required or authorized by this
Regulation.
REZONING:
The review of the proposed rezonings are consistent with Golden v. City of Overland
Park, 224 Kan. 591, 584 P. 2d 130 (1978).
1. Consistent with purposes of the regulations and intent and purpose of the
proposed district: The proposed rezoning is consistent with the purpose and intent
of the regulations regarding Protective Overlay Districts.
2. Neighborhood Character: As shown on the aerial photo above, the surrounding
neighborhood is commercial in the downtown area.
P:\PLANNING\Christie\Boards\Planning Commission Data\2015 PC Agenda\050715\Z-02-15 staff
report.doc
3. Zoning and uses of nearby parcels: As shown on the area zoning map above the
surrounding neighborhood is zoned C-2, General Commercial.
4. Requested because of changing conditions: Request is based on a business
opportunity unique to the City of Spring Hill.
5. Suitability of parcel for uses restricted by the current zone: This area of Spring
Hill is the core downtown and zoned C-2, General Commercial. Uses restricted by
the current zone may be located in various areas of the community. However, C-2
districts are available for most all general retail and service establishments.
6. Suitability of parcel for uses permitted by the proposed district: The parcels
under consideration for rezoning are suitable for uses permitted in a C-2 district.
7. Detrimental Effect of Zoning Change: No detrimental effects are anticipated.
8. Proposed amendment corrects an error: No error is being corrected.
9. Length of property has been vacant: This property has been occupied in the past
with only minor interruptions in the occupancy rate.
10. Adequacy of facilities: All utilities are adequate and available to the property and
the property is adequately suited for the proposed use.
11. Conformance with Comprehensive Plan. The Comprehensive Plan and Future
Land Use Map identifies this area as Mixed Use Commercial. This classification
promotes a mixture of neighborhood-oriented office, retail-commercial, institutional,
civic, and medium to high density residential uses through compatible site planning
and site design. The use of the property as a retreat center through the
implementation of an Overlay District is in compliance with the Comprehensive Plan.
12. Hardship if application is denied: This issue has been addressed by the applicant in
the narrative provided with the application.
13. Recommendation: Staff recommends approval of rezoning case Z-02-15 from C-2
(General Commercial) to C-2 with a P-O (Protective Overlay) for use as a retreat
center with provisions for overnight accommodations for patrons of the facility only.
P:\PLANNING\Christie\Boards\Planning Commission Data\2015 PC Agenda\050715\Z-02-15 staff
report.doc
City of Spring Hill
CAPITAL IMPROVEMENT PROJECTS
CITIZEN’S PROPOSAL FORM
NAME: _____________________________________ DATE: ____________________
ADDRESS: __________________________________ PHONE #: __________________
INSTRUCTIONS
Please complete both pages of this form.
It is not necessary to complete all of the information on this form. General project descriptions, project
justification and estimates of costs are the basic items required. Additionally, it is helpful to suggest a
potential funding source. City staff will contact you to discuss the recommended project in more
detail. The City of Spring Hill appreciates your participation in this process.
ITEM DESCRIPTIONS
1. Project Address/Location: Describe as best as possible the location of the proposed project. For
example, give the address, name of street, name of intersection, name or park or whatever else would be
helpful in describing the location of the project. If it is a citywide project, please enter “citywide.”
2. Project Descripction: Describe the proposed project in as much detail as possible. What is the source
of the problem? How do you suggest fixing the problem? Attach any additional information (sketches,
maps, etc.) that might be useful.
3. Project Justification: Describe the benefit of the proposed project. Will it address a safety issue (i.e.,
faulty playground equipment)? Will the project provide a cost savings to the city? Is it a functional
improvement, such as a new off-street parking lot? Does it provide an aesthetic benefit to the city?
4. Construction Cost Estimate: Describe your best guess of what the approximate cost will be to
construct/complete the project. This is only considered as a rough guideline; city engineering staff is
responsible for projecting a refined construction cost and total project cost estimate for budgeting purposes.
5. Potential Source of Funding: The City uses a variety of sources to fund projects, including:
❑ Special Parks Fund
❑ Special Highway Gas Tax Funds
❑ Property Tax
❑ General Funds
❑ State or Federal Funds
❑ Private Funds
Do you have any ideas regarding the potential funding source(s) for this project?
City of Spring Hill
CAPITAL IMPROVEMENT PROJECTS
CITIZEN’S PROPOSAL FORM
1. PROJECT ADDRESS/LOCATION
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
2. PROJECT DESCRIPTION (Attach any additional information - sketches, etc.)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
3. PROJECT JUSTIFICATION
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
4. CONSTRUCTION COST ESTIMATE
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
5. POTENTIAL FUNDING SOURCE(S)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Get email alerts for Spring Hill
A daily email when new agendas and minutes are posted.