Planning Commission

City of Spring Hill, Kansas Minutes of Planning Commission Regular Session October 7, 2021 A Regular Session of the Planning Commission was held at the Civic Center, 401 N. Madison St., Spring Hill, Kansas on October 7, 2021. The meeting convened at 7:04 p.m. with Chairman Stephen Sly presiding, and Amy Long, Planning Secretary recording. Commissioners in attendance: Stephen Sly Roger Welsh, II Cindy Squire Josh Erhart Mary Dobson Rodolfo Arévalo Troy Mitchell Scott Duitsman Janell Pollom Commissioners absent: Staff in attendance: Patrick Burton, Director of Community Development Amy Long, Planning Secretary Others in Attendance: PLEDGE OF ALLEGIANCE 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. Mitchell seconded by Ms. Squire to approve the agenda with correction to “SP” on item No. 4. Roll Call Vote: Arévalo - Aye, Dobson- Aye, Duitsman- Aye, Welsh- Aye, Sly- Aye, Mitchell-Aye, Erhart- Aye, Pollom- Aye; Squire- Aye Motion carried 9-0-0 CITIZEN PARTICIPATION Members of the public are welcome to use this time to make comments about City matters that do not appear on the agenda. Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 1 of 20 FORMAL COMMISSION ACTION 1. Approval of Minutes from the August 5, 2021 Regular Meeting Motion by Mr. Arevalo seconded by Ms. Dobson to approve the minutes. Roll Call Vote: Arévalo - Aye, Dobson- Aye, Duitsman- Aye, Welsh- Aye, Sly- Aye, Mitchell-Aye, Erhart- Aye, Pollom- Abstain; Squire- Aye Motion carried 8-0-1 2. Public Hearing on Rezoning Application (Z-000043-2021) – Country Meadows, Lot 13 Beginning of Staff Report SPRING HILL PLANNING COMMISSION REZONING STAFF REPORT Case #: Z-000043-2021 Meeting Date: October 7, 2021 Proposed Rezoning from “C-2” (General Business District) to “M-1” Description: (General Industrial District) 191st north side east of 169 Highway East Madison and West Webster Location: Streets in Country Meadows Industrial Park lots13 of Country Meadows Industrial Park, 4th Plat Applicant: L & J Development, LLC – Lynn Baker Owner: L & J Development, LLC – Lynn Baker Engineer: Current Zoning: “C-2” Proposed Zoning: “M-1” Site Area: 1.0 +/- acres Number of lots: 1 Current Zoning Existing Land Future Land Use Map Use Site: “C-2” Vacant Industrial North: “C-2” Commercial Industrial/Mix Commercial South: “C-2” Vacant Industrial/Mix Commercial East: “C-2” Vacant Industrial West: “M-1” Commercial Industrial Proposed Use: M-1 General Industrial Site Location Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 2 of 20  SITE LOCATION Area Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 3 of 20 Background: The applicant, L&J Development, LLC, has submitted a request for a rezoning Lot 13 at 191st Street and 169 Hwy. The property is currently zoned C-2 (General Business District) with requested zoning to M-1 (General Industrial District). The legal description is attached. This property was zoned M-1 as part of a rezoning for the Event Center. Changes in market conditions and types of business use demand, have resulted in this current rezoning request. 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 future land use map in the fact that property to the south within the same proximity from US 169 Highway is indicated as mix-use commercial on the Future Land Use Map and intent of the regulations regarding M-1 district. 2. Neighborhood Character: The surrounding neighborhood is a mixture of uses, comprised of commercial and industrial. The proposed zoning change would be compatible with the proposed and existing neighborhoods. 3. Adjacent Zoning: As shown on the area zoning map above, the properties to the north and east are General Business (C-2) within the City. The area to the south is currently zoned General Business District (C-2). The area to the west is currently zone General Industrial District (M-1). All uses and proposed uses within the adjoining properties are compatible with a M-1 (General Industrial District). Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 4 of 20  SITE LOCATION 4. Suitability for Current Zoning: The site is currently zoned “C-2” General Business District with the surrounding areas mostly zoned for mixed uses. The Future Land Use Map shows industrial use M-1 zoning. The proposed M-1 complies with the Comprehensive Plan. FUTURE LAND USE SITE LOCATION 5. Bnm vRequested because of changing conditions: Request is based on business model as determined by the applicant and the Future Land Use Map within the Comprehensive Plan. 6. Suitability of parcel for uses restricted by the current zone: The current zoning does allow many of the same uses within the current zoning, but the foreseen uses by the applicant are better suited within the M-1 (General Industrial District) zoning. The proposed zoning change will conform with the zoning codes that state, a M-1 district should typically be directed to limited areas appropriate for highest intensity development such as at interchanges along US 169 Highway. Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 5 of 20  7. Suitability of parcel for uses permitted by the proposed district: The proposed zoning allows development of industrial uses. 8. Detrimental Effect of Zoning Change: No detrimental effects are anticipated. 9. Proposed amendment corrects an error: No error(s) are being corrected. 10. Length of Time at Current Zoning: The site was zoned “C-2” and has been zoned C-2 for a while. 11. Adequacy of current facilities: All utilities are adequate and available to the property. 12. Public Gain Balanced by Landowner Hardship: Proposed future land use map in the area. 13. Hardship if application is denied: The issue of hardship can be better addressed by the applicant/owner. 14.Conformance with Comprehensive Plan: The proposed rezoning would be in conformance with the general premises of the Spring Hill Comprehensive Plan. The Comprehensive Plan encourages a broad range of mixed development uses to help provide neighborhoods for a mix of uses with diverse ages, races, incomes and possible employment. RECOMMENDATION: Recommend approval of Z-000043-2021 (“M-1” rezoning) ALTERNATIVE ACTION: Alternatives for action by Planning Commission include: • Approval of application with final action by the Governing Body on October 28, 2021, subject to the protest period and petition as provided by Section 17.364.I of the Spring Hill Zoning Regulations, or • Denial of application (application would be forwarded to Governing Body) on October 28, 2021, subject to the protest period and petition as provided by Section 17.364.I of the Spring Hill Zoning Regulations, or • Continuance of item to future meeting identifying specific issues to be reviewed by staff and/or the applicant. Suggested Motion: Move to recommend approval to the Spring Hill Governing Body for rezoning application Z-000043-2021 as presented by staff. End of Staff Report The Chairman opened the public hearing No Conflicts Mr. Burton presented the Staff Report as outlined above. With no public comments, the Chairman closed the public hearing. Motion by Mr. Welsh seconded by Ms. Dobson to approve the Rezoning application as presented. Roll Call Vote: Arévalo - Aye, Dobson- Aye, Duitsman- Aye, Welsh- Aye, Sly- Aye, Mitchell-Aye, Erhart- Aye, Pollom- Aye; Squire- Aye Motion carried 9-0-0 3. Final Plat Application (PLAT-000045-2021) – Gemtech Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 6 of 20  Beginning of Staff Report SPRING HILL PLANNING COMMISSION FINAL PLAT STAFF REPORT Case #: PLAT-000045-2021 Meeting Date: October 7, 2021 Description: Final Plat Location: Northeast corner of 185th Terr and Webster St. Applicant: Gemtech – Dan Carpenter Engineer: Phelps Engineering, Inc. – Doug Ubben Site Area: 6.0 acres Minimum Lot Area: n/a Number of Lots: 1 Current Zoning: “M-1” General Proposed Use: Industrial Industrial” Related Applications: SITE LOCATION Final Plat Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 7 of 20  Site Location SITE LOCATION BACKGROUND: Gemtech has submitted a Final Plat containing 6 acres of M-1 (General Industrial District) zoned property located northeast of 185th Terrace and Webster Street. STAFF COMMENT: Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 8 of 20  1. The zoning district of M-1 (General Industrial) has no minimum lot dimensions therefore the lot is of sufficient size. 2. Staff has verified all due or unpaid taxes have been paid in full. 3. Adequate control of storm water through appropriate BMP’s will be detailed on drawings submitted to the City Engineer for approval. 4. Erosion control shall be installed and maintained per City Standards. 5. Sidewalk on both sides of the street and street tree are required. 6. The plat is required to have a 20’ U/E around all sides if needed. 7. Street storm water removal will be submitted and reviewed with the street plans and site plan. 8. The water and sewer systems, is identified on the above picture, will need to be extended to the plat. As a result, the installation of the street and sewer system must be identified in the development agreement as being required prior to the issuance of construction permits for uses requiring sanitary sewer for lot development. 9. Excise tax will be calculated and paid before the recording of this Final Plat. 10. The required Improvement Agreement is being prepared by staff and will be forwarded to the applicant, City Engineer and City Attorney for review and approval. This Agreement will be signed by the applicant and excise tax paid, prior to consideration of the final plat by the Governing Body. All required bonds and insurance documents will be submitted to the City prior to issuance of a Notice to Proceed from the City Engineer. PLANNING COMMISSION REVIEW AND ACTION: Upon review of the final plat application, the Planning Commission may by a majority vote of those members present: • Recommend approval of the application to the Governing Body, or • Recommend denial of the application to the Governing Body and notify the applicant of such action, or • Table action on the application to a specific date and notify the applicant of such action. RECOMMENDATION: Staff recommends approval of the Final Plat, PLAT-000045-2021, for Gemtech as presented in staff report. Suggested Motion: Motion to recommend approval of Final Plat application PLAT-000045-2021 for Gemtech as presented in the staff report. Attachments: Final Plat End of Staff Report Mr. Burton presented the staff report as outlined above. Motion by Mr. Welsh seconded by Mr. Arevalo to approve the final plat application as presented. Roll Call Vote: Arévalo - Aye, Dobson- Aye, Duitsman- Aye, Welsh- Aye, Sly- Aye, Mitchell-Aye, Erhart- Aye, Pollom- Aye; Squire- Aye Motion carried 9-0-0 Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 9 of 20  4. Site Plan Application (SP-000046-2021) – Gemtech Beginning of Staff Report SPRING HILL PLANNING COMMISSION SITE PLAN STAFF REPORT Case #: SP-000046-2021 Meeting Date: October 7, 2021 Description: Site Plan- Gemtech Location: North of 185th Terrace / East of Webster Street Applicant: Gemtech – Dan Carpenter Owner: Store What? LLC – Bob Cummins Engineer: Phelps Engineering, Inc. – Doug Ubben Current Zoning: M-1 Site Area: 6.0 Acres Number of Lot(s): 1 Current Zoning Existing Land Use Future Land Use Map Site: M-1 Vacant Industrial North: M-1 Industrial Industrial South: M-1 Vacant Industrial East: R-R Vacant Rural West: M-1 Vacant Industrial Proposed Use: Industrial – Manufacturing Site Location Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 10 of 20  SITE LOCATION AREA ZONING (CITY) Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 11 of 20  Site Location M-1 zoning Site Location SITE PLAN Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 12 of 20 BACKGROUND: An application has been received for the approval of a site development plan of a 6 acre. platted lot located at 185th Terrace and Webster Street. The project consists of a 41,463 sq. ft. building, two access points, 41,463 sq. ft. +/- of new hard surface with 141 parking stalls (3 are H/C), fencing, lighting, and landscaping. The property is currently zoned M-1 (General Industrial District). STAFF REVIEW: Staff has reviewed the site plan under the requirements of Section 17.340 of the Spring Hill Zoning Ordinance as follows: • All lot lines and rights-of-way are identified • All proposed structures with applicable data are identified until building permit stage. • All parking and traffic areas have been identified and the type of surface and base course identified • Utilities are available, identified, and in compliance with regulations • Exterior lighting on the proposed structure will be reviewed with the building permit application. Manufacturer information on the fixtures will be reviewed by staff. • Consultants, utility providers and city staff have reviewed the site plan and provide comments. These comments and recommendations have been and will be implemented into the site plan as applicable. • Chain Link 6 feet fencing is shown around the back storage. • Sidewalk is required along Webster Street and 185th Terrace Streets. STANDARDS OF REVIEW In addition to the above noted items the site plan has been reviewed for compliance with the following standards: 1. The extent to which the proposal conforms to the provisions of the Code The proposed use follows the Spring Hill Zoning Code. 2. The extent to which the proposal conforms to the provisions of the Spring Hill Subdivision Regulations. The site follows the Spring Hill Subdivision Regulations. The proposed use of construction sales and service is consistent with the M-1 zoning regulations. Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 13 of 20  3. The extent to which the development would be compatible with the surrounding area. The property is zoned M-1 and the proposed use is listed in the zoning district. 4. The extent to which the proposal conforms to the recommendations of the Spring Hill Comprehensive Plan including but not limited to the Vision Plan, the Community Development Recommendations, and the Planning and Principles and Design Guidelines. The property use is shown industrial use on the Future Land Use Plan. The proposed site plan and use meets the M-1 requirements when staff and consultants’ comments are implemented. 5. The extent to which the proposal conforms to customary engineering standards used in the City. The overall project has been designed by recognized and licensed architects and engineers. Additional data and details need to be provided to the City Engineer delineating the pavement, erosion control, closure report on legal description, existing R/W’s, and storm sewer plans. It is typical these types of items are completed after the sub-division or site plan is approved. 6. The extent to which the location of streets, paths, walkways, and driveways are located to enhance safety and minimize any adverse traffic impact on the surrounding area. As indicated in previous comments, there will need to be a sidewalk shown on the site plan and constructed along Webster Street and 185th Terrace. PROOF OF ADEQUATE FACILITIES: Adequate facilities are available to the site as follows: • Sanitary sewer main is available on site • Water to be supplied by WaterOne. • Entrance to property will be via Webster Street and 185th Terrace. Both streets are designed to accommodate truck traffic. • Other utilities are available to the site with coordination with the providers ADDITIONAL REVIEW CRITERIA: 1. Site plan indicates 141 parking stalls 3 are accessible. The code requires 83 stalls and 3 accessible. 2. Park fee in the amount of $26,166.32 will be due at time of issuing the building permit. Ord. 2005-44 3. No building elevations are attached to this staff report. All areas of the building visible from Webster Street and 185th Terrace must have, at a minimum, brick, stone or stucco wainscot a minimum of 4 feet in height the entire length of building. 4. The dumpster area needs to be identified with screening. Chain link fencing not acceptable. 5. Monument sign is shown with sizes on the site plan. Planning Commission Review and Action: Upon review of the site plan application the Planning Commission may by a majority vote of those members present: • Recommend approval of the application to the Governing Body, or • Recommend denial of the application to the Governing Body and notify the applicant of such action, or • Table action on the application to a specific date and notify the applicant of such action RECOMMENDATION: It is the recommendation of staff that the Planning Commission recommend approval of site plan SP- 000046-2021, for the Gemtech – Dan Carpenter, Manufacturing facility to the Governing Body. Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 14 of 20 Suggested Motion: Motion to recommend approval of site plan application SP-000046-2021, Gemtech – Dan Carpenter, Manufacturing facility, as presented by staff. Attachments: Site Development Plans Elevations End of Staff Report Mr. Burton presented the staff report as outlined above. Sidewalks will be required and no stone on building. Motion by Ms. Squire seconded by Mr. Erhart to approve the site plan application to include all of No.’s 1 thru 5 and adding No. 6 to show sidewalks on Webster St and 185th Terrace. Roll Call Vote: Arévalo - Aye, Dobson- Aye, Duitsman- Aye, Welsh- Aye, Sly- Aye, Mitchell-Aye, Erhart- Aye, Pollom- Aye; Squire- Aye Motion carried 9-0-0 5. Final Plat Application (PLAT-000027-2021) – Oak Woods, Third Beginning of Staff Report SPRING HILL PLANNING COMMISSION FINAL PLAT STAFF REPORT Case #: PLAT-000027-2021 Meeting Date: October 7, 2021 Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 15 of 20 Description: Oak Woods, Third Plat Location: 215th Terrace and Lone Elm Road Applicant: Phelps Engineering, Inc. – Harold Phelps Owner: Kansas LD, LLC – Don Draper Engineer: Phelps Engineering, Inc. – Harold Phelps Site Area: 3.2 acres more or less Minimum Lot Area: 5,500 sq. ft. Number of Lots: 23 Residential Tracts 1 Common Area Tract Current Zoning: “RP-1” Proposed Use: Planned Single-Family District Related Applications: FP-05-14 SITE LOCATION Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 16 of 20 Preliminary Plat Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 17 of 20  Final Plat Background: The Applicant, Phelps Engineering, Inc., has submitted a final plat application for Oak Woods, Third Plat. In November of 2014 the Second Plat was approved and is under construction. The proposed Oak Woods, Third Plat design, complies with the approved preliminary plat, shown above. A copy of the proposed final plat is included with this staff report. Staff Comment: Oak Woods, Third Plat, consists of 23 residential lots and 1 tract of common ground in Oak Woods, Third Plat. The proposed plat meets the minimum lot requirements with regard to the lot area, lot width and lot depth. The comments from the consultants and City Staff have been applied as applicable per this phase. The reviews on the infrastructure improvements will be conducted per the adopted City Standards. Staff finds the final plat to be in compliance with the previously approved preliminary plat and offers the following review of Section 17.372.D of the Spring Hill Subdivision Regulations: 1. The applicant will need to submit the required plans/drawings showing the proposed construction of all streets, public use areas, storm water facilities, sanitary sewer lines and water lines. These drawings will be reviewed by the City Engineer, Public Works and applicable utility companies. 2. Staff has submitted the proposed final plat to utility providers, consultants, Spring Hill Public Works and JOCO Fire District #2 for review and comment. Comments from these individuals have been implemented into the plat. Staff finds the proposed final plat in substantial compliance with the preliminary plat approved by the Planning Commission, as well as the Spring Hill Subdivision Regulations and Comprehensive Plan. 3. Staff has verified the person or persons name on the plat are the owner(s) of the area subject to the final plat. 4. Public facilities are adequate and available to the site. The subdivision is served by the City of Spring Hill. 5. General extent and character of proposed landscaping, including common names and planting size have been submitted and are acceptable. Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 18 of 20  6. The required Improvement Agreement is being prepared by staff and will be forwarded to the applicant, City Engineer and City Attorney for review and approval. This Agreement will be signed by the applicant prior to consideration of the final plat by the Governing Body. All required bonds and insurance documents will be submitted to the City prior to issuance of a Notice to Proceed from the City Engineer. 7. Excise tax will be calculated and must be paid before plat will be presented to the Governing Body for plat approval. 8. The total project meets the requirements for open space; therefore, park fees are not applicable. PLANNING COMMISSION REVIEW AND ACTION: Upon review of the final plat application the Planning Commission may by a majority vote of those members present: • Recommend approval of the application to the Governing Body, or • Recommend denial of the application to the Governing Body and notify the applicant of such action, or • Table action on the application to a specific date and notify the applicant of such action Staff recommendation: Staff recommends approval of final plat application PLAT-000027-2021, Oak Woods, Third Plat. Suggested motion: Motion to recommend approval Final Plat of Oak Woods, Third Plat, application PLAT- 000027-2021 as presented by staff. Attachments: Final Plat, Oak Woods, Third Plat End of Staff Report Mr. Burton presented the staff report as outlined above. Motion by Ms. Squire seconded by Mr. Mitchell to approve the final plat application as presented. Roll Call Vote: Arévalo - Aye, Dobson- Aye, Duitsman- Aye, Welsh- Aye, Sly- Aye, Mitchell-Aye, Erhart- Aye, Pollom- Aye; Squire- Aye Motion carried 9-0-0 DISCUSSION REPORTS 6. The following item(s) related to Community Development were approved at the September 9, 2021 City Council meeting: • No Agenda Items 7. The following item(s) related to Community Development were approved at the September 23, 2021 City Council meeting: • No Agenda Items ANNOUNCEMENTS FROM PLANNING COMMISSIONERS AND STAFF ADJOURN Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 19 of 20 Motion by Mr. Erhart seconded by Mr. Welsh, to adjourn Roll Call Vote: Arévalo - Aye, Dobson- Aye, Duitsman- Aye, Welsh- Aye, Sly- Aye, Mitchell-Aye, Erhart- Aye, Pollom- Aye; Squire- Aye Motion carried 9-0-0 The meeting adjourned at 8:04 p.m. The October 7, 2021 regular meeting minutes were approved by the Planning Commission on November 4, 2021 as presented. ________________________ Amy Long Planning Commission Secretary Spring Hill Planning Commission Regular Meeting Minutes - APPROVED October 7, 2021 Page 20 of 20