PLANNING COMMISSION MINUTES

CITY OF ROELAND PARK

4600 W 51st Street, Roeland Park, KS 66205

August 18, 2015, 7:00 P.M.

The Roeland Park Planning Commission met on August 18, 2015, in City Hall, 4600 West 51st Street.

Chair Mohart declared a quorum and called the meeting to order.

Present:Julie MohartMike Hickey

Paula GleasonKyle Rogler

Staff: Mike Flickinger, Building Official

Neil Shortlidge, City Attorney

Absent:Mark KohlesDarren Nielsen

I.Roll Call

Mike Flickinger called the roll noting that Commissioners Mark Kohles and Darren Nielsenwere absent.

II.Approval of Minutes

MOTION:COMMISSIONER MOHART MOVED, SECONDED BY COMMISSIONER ROGLER TO APPROVE THE JUNE 30, 2015 PLANNING COMMISSION MEETING MINUTES. (MOTION PASSED 4-0)

MOTION:COMMISSIONER MOHART MOVED, SECONDED BY COMMISSIONER GLEASON TO APPROVE THE JULY 21, 2015 PLANNING COMMISSION MEETING MINUTES. (MOTION PASSED 4-0)

III.Public Hearing

1.Covered Front Porches

Mr. Flickinger stated he has made adjustments to the proposed language to reflect previous discussions of the Commission. He added that he was unsure of the total square feet to add to the language and that currently it is 120 square feet on an 8-foot porch that is 15-feet long.

The Commissioners reviewed the pictures that Mr. Flickinger provided of porches that currently exist in the City. There was discussion of the size of the porches and their desire to keep their characteristics that reflect the Roeland Park community as a whole.

Commissioner Gleason stated that if someone wanted a porch different from the regulations they could seek a variance for their property.

The Commissioners also reviewed photographs of porches that currently do not meet City regulations.

Mr. Flickinger noted that before porches can be added the property must be researched for deed restrictions and to also determine whether the design fits in with the regulations and whether or not a variance is needed.

Mr. Flickinger directed the discussion to the roofs of the covered porches. He researched shingle manufacturers from the area noting that most allow a 2/12 pitch, but it’s common to have a minimum pitch of 3/12. He also stated the language should be clear that they do not want to allow rolled roofing.

Commissioner Rogler said the pitch of the roof is more determinative of how far the square footage of the porch will project out.

After a brief discussion it was decided the language should include a roof pitch of 3/12, covered in shingles that are designed and finished with the same materials to match the home’s existing roof shingles.

Mr. Flickinger also reminded the Commission of Mayor Marquardt’s comments in which he stated he would like to see porches 10 to 12 feet deep, that run the entire length of thehouse, and supported by 8x8 posts.

The Commissioners discussed the post size and recommended that a 6x6 minimum was sufficient.

Commissioner Mohart opened the Public Hearing.

No one was present for the Public Hearing.

MOTION:COMMISSIONER MOHART MOVED, SECONDED BY COMMISSIONER GLEASON TO CLOSE THE PUBLIC HEARING. (MOTION PASSED 4-0)

MOTION:COMMISSIONER MOHART MOVED, SECONDED BY COMMISSIONER ROGLER TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE COVERED PORCH REGULATIONS. (MOTION PASSED 4-0)

IV.Discussion Items

1.Demolition Permit Process

Mr. Flickinger presented the proposed demolition language stating that it reflects Olathe’s current policy.

After brief discussion it was decided that a demolition permit would be required for any structure with a 125 square foot floor or larger.

City Attorney Shortlidge suggested removal of a reference to ... He also recommended that homeowners must provide a copy of any required notice by the Kansas Department of Health & Environment.

Mr. Flickinger noted that the application will have a checkoff list of all utilities and a permit will not be issued until the disconnect from the utility companies has been approved.

The Commissioners then discussed where to place to place the demolition language in Chapter 4, Article 17, Section 4 of the City’s code, Removal and Moving of a Structure.

City Attorney Shortlidge said that Municode, which codifies the code book, names the code sections.

Mr. Flickinger said he would recommend to Municode to change the title to “Demolition, Removal and Moving of a Structure.” It was also agreed to place the new language between Sections 4-1701 and Section 4-1702.

The proposed language is as follows:

  • Chapter IV – Article17 DEMOLITION ORREMOVAL AND MOVING OF A STRUCTURE

Between Sec. 4-1701 and Sec. 4-1702

Demolition Permit Required.

No person shall demolish, in part or in whole, any building or structure having a floor area of 125 or more square feet in the City without first obtaining a permit issued by the Building Official.

Demolition Permit; Application, Permit Fees.

All applications for permits to demolish any building or other structure described in Section 4-1701 shall be made to the Building Official and such application shall state and be in compliance with the following procedures:

a)Complete and submit a demolition permit application form and along with the associated fees.

b)Submit a Letter of Consent from Owner or Certificate of Ownership. The applicant, if other than the owner, shall file with the application a written statement or bill of sale signed by the owner, or other sufficient evidence that he or she is entitled to conduct the demolition.

c)Provide a letter, where applicable, signed by the property owner stating that the building(s), structure(s) and/or lot are free of any legal entanglements and that all taxes, liens, and any city charges against the same are paid in full.

d)Provide a legal description of the property.

e)Provide a complete scope of work and a floor plan for interior (only) demolition.

f)Provide a site plan indicating the location of the building, pool or structure to be demolished and where utilities will be capped.

g)Provide letters (electronic communications are acceptable) from all utility agencies verifying that all utilities have been disconnected, i.e. gas, water, electric, sewer and communication lines. A letter from Johnson County Wastewater is required if a septic system is involved.

h)Provide a Certificate of Insurance demonstrating evidence of satisfactory Commercial General Liability Insurance. Coverage to be in the amounts no less than $500,000 for bodily injury and property damage per occurrence.

i)For commercial structure demolition (only). Provide a copy of any required notice to the Kansas Department of Health and Environment.

j)For commercial structure demolition (only). Provide a hazardous material inspection report.

k)Provide a letter signed by the permit applicant indicating when the demolition is to start along with an estimated completion date (must be within 30 days of the start date) including as agreement that:

  1. The original foundation will be demolished. Any in-ground structures will have their bottoms broken apart; walls pushed in; and, covered with a minimum of 24 inches of soil.
  2. All excavations will be filled to grade.
  3. If any open foundation or excavation is left overnight it shall be surrounded with a 4-foot high safety fence until it is filled to grade.
  4. All debris will be cleared to return the site to a safe and sanitary condition within 30 days.

Note: The site is to be seeded and left in a condition that can be mowed with no ponding of water. The City Building Inspector, Public Works Director and City Administrator will need to approve of the finished site conditions.

  1. Erosion and sediment control measures shall be put in place as needed and remain in place until vegetation has been established.

MOTION:COMMISSIONER MOHART MOVED, SECONDED BY COMMISSIONER GLEASON TO RECOMMEND APPROVAL BY THE CITY COUNCIL OF THE ADDITION OF DEMOLITION REGULATIONS TO THE CITY CODE. (MOTION PASSES 4-0)

2.Regulation of Dumpster Bags

Mr. Flickinger stated he has not thoroughly researched dumpster bags, but do know that once they are picked up they are sent to the landfill and not reused. The bags are also not biodegradable. He noted that they are becoming an eyesore in the City as they are sitting in front yards for an extended period of time. He would like to discourage their use as they do not fit in with the City’s sustainability goals. Currently there are no regulations concerning the bags, just those that pertain to dumpsters and pods.

Commissioner Gleason recommended that an educational piece to residents about the bags might be helpful and to let them know they can get a roll-off dumpster for a comparable fee. She also suggested the bags be subjected to the same regulations as dumpsters.

Commissioner Rogler suggested requiring a permit for the bag and limiting the amount of time it can be left at the property.

Commissioner Hickey stated the current language could possibly be modified just to add “bags” along with dumpsters.

Mr. Flickinger did say this topic would make for a good newsletter article.

The Commission agreed for a review of the dumpster regulations to see if they are compatible with dumpster bags and will discuss this topic further. Mr. Flickinger said he will also research this item further.

3.Sustainable Code Review – Mark Kohles

This item will be discussed at a future meeting.

V.Other Matters before the Planning Commission

Mr. Flickinger noted that the QuikTrip on Roe has expressed a desire to rebuild and expand their existing location. They plan to purchase the Video Works building adjacent to their property, install a retaining wall, purchase part of the City’s right-of-way and to tear down their existing structure. The plans include adding a long thin canopy and to also include the sale of diesel fuel. Mr. Flickinger also said that when the site was originally constructed in 1995 it was not planned to have diesel fuel because the site was not conducive to truck traffic. But with the increase of vehicles using diesel they are wanting to add that option. Also behind the existing building there are eight overflow parking spots that are stipulated for City Hall use. These will be removed in the plan and that issue will need to be addressed.

The first step QuikTrip will need to do is to secure the right-of-way from the City. There are also utilities under the right-of-way and it is currently unknown as to whether they will have to be moved.

Secondly, QuikTrip will have to finish securing the purchase of the Video Works property. They will have to build a retaining wall and backfill the site to come up even with the existing grade of the current QuikTrip site. Traffic studies will also be required.

Commissioner Hickey said QuikTrip is expanding their plan to serve food as they have found that it can actually double their revenue which will also be an increase in sales tax for the City.

Commissioner Mohart said she was impressed with the new changes in QuikTrip, but would like to see more detailed plans for the project.

Mr. Flickinger met with a representative from QuikTrip, who is also a Roeland Park resident. He noted that this is a 30-week project and would possibly affect revenues at various times during the project. He added that QuikTrip is very good about maintaining their property and making improvements and they are good corporate citizens. He will also be meeting with the City’s engineer to review stormwater impacts as well as traffic studies and any other potential issues.

City Attorney Shortlidge recommended a review of the previous minutes from the Planning Commission and City Council meetings when the property was re-zoned because parking spaces for the City used to be City property and were a part of the deal when they purchased the property from the City. Mr. Flickinger is aware of the implications and will research those minutes.

VI.Adjournment

MOTION:COMMISSIONER MOHART MOVED, SECONDED BY COMMISSIONER GLEASON, TO ADJOURN. (MOTION PASSES 4-0)

(Roeland Park Planning Commission Meeting Adjourned)