MINUTES Opening Remarks Planning Commission Meeting: July 23, 2018

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1 MINUTES Opening Remarks City of Olathe City Planning Division The Planning Commission convened at 7:00 p.m. to meet in regular session with Chairman Dean Vakas presiding. Planning Commissioners Mike Rinke, Ryan Freeman, Chip Corcoran, Jose Munoz, Ryan Nelson, Jeremy Fry and Barry Sutherland were present. Recited Pledge of Allegiance. The Chair made introductory comments. Regarding ex parte communication, the Chair asked that if a commissioner had something to report, that they specify the nature of the ex parte communication as that item is reached in the agenda. A motion to approve the minutes as written from the June 25, 2018, Planning Commission meeting was made by Commissioner Rinke and seconded by Commissioner Sutherland. The motion was approved 8-0.

2 MINUTES City of Olathe Planning Division PLN RESOLUTION NO Planner: Aimee Nassif Planning Commission: July 23, 2018 Request: Find that the Capital Improvements Plan (CIP) is in conformity with the City of Olathe Comprehensive Plan, PlanOlathe. A motion to approve PLN on the Consent Agenda was made by Commissioner Rinke and seconded by Commissioner Sutherland and passed with a vote of 8-0, with the following staff recommendation: The proposed CIP and associated projects are all based on principles that are identified in PlanOlathe, and therefore Staff recommends that the Planning Commission find that the Capital Improvement Plan to be in conformity with the City of Olathe Comprehensive Plan, PlanOlathe.

3 MINUTES City of Olathe City Planning Division Application: FP , Final Plat for Valley Ridge, Third Plat A motion to approve FP on the Consent Agenda was made by Commissioner Rinke and seconded by Commissioner Sutherland and passed with a vote of 8-0, with the following staff stipulations: a) The final plat is subject to a traffic signal excise tax of $3, The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. b) The design of the homes shall be in compliance with Section , Architectural and Site Design Standards of the Cedar Creek Overlay District. c) The on-lot landscaping shall meet or exceed the standards set forth in Section D of the Cedar Creek Overlay District. d) Fire hydrants are required within 400 feet of all residential units (travel distance. Dead-end water mains with fire hydrants are not permitted unless water supply calculations can be provided that demonstrates an adequate water supply is provided; otherwise the water supply for hydrants is required to be looped to existing mains. e) A sidewalk and address plat shall be submitted prior to issuance of building permits. f) Utility cabinets shall not be placed in the front or side yards, unless first authorized by the Chief Planning and Development Officer and must include landscaping to screen the equipment from view.

4 MINUTES City of Olathe Planning Division Application: FP , Final Plat for The Village Cooperative of Olathe A motion to approve FP on the Consent Agenda was made by Commissioner Rinke and seconded by Commissioner Sutherland and passed with a vote of 8-0, with the following staff stipulations: a) The final plat is subject to a street excise tax of $41, The required excise tax shall be submitted to the Planning Division prior to recording the final plat. b) The final plat is subject to a traffic signal excise tax of $2, The required excise tax shall be submitted to the Planning Division prior to recording the final plat. c) A sidewalk and address plat shall be submitted prior to issuance of building permits. d) Utility cabinets shall not be placed in the front or side yards, unless first authorized by the Chief Planning and Development Officer and must include landscaping to screen the equipment from view. e) Prior to recording the plat, tree preservation fencing shall be installed around all Tree Preservation Easements in accordance with UDO, Section E. f) Prior to recording the final plat, a metes and bounds description of the stream corridor shall be submitted to Public Works for the stream corridor maintenance agreement.

5 City of Olathe City Planning Division MINUTES Application: FP Final Plat for Johnson County Courthouse II A motion to approve FP on the Consent Agenda was made by Commissioner Rinke and seconded by Commissioner Sutherland and passed with a vote of 8-0, with the following staff stipulations: a. The final plat shall include a ten (10) foot utility easement on the south side of Spruce Street per UDO Section b. The required street right-of-way for Spruce Street shall be dedicated by separate instrument prior to improvements. c. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division.

6 MINUTES City of Olathe City Planning Division Application: MP : Townhomes at Fairfield Village, Forty-Third Plat A motion to approve MP on the Consent Agenda was made by Commissioner Rinke and seconded by Commissioner Sutherland and passed with a vote of 8-0, with the following staff stipulations: a. Sidewalks shall be constructed on both sides of all public and private streets and drives as required by the RP-3 zoning ordinance. b. The developer is responsible for planting street trees, subject to UDO G. Such trees shall be planted at the completion of each phase of development. c. All above ground electrical and/or telephone cabinets shall be placed within the interior side or rear building setback yards. However, such utility cabinets may be permitted within front or corner side yards adjacent to street right-ofway if cabinets are screened with landscape materials. d. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division.

7 MINUTES Planning Commission Meeting: July 23 rd, 2018 City of Olathe City Planning Division Application: MP : Minor Plat, Valley Ridge Replat of Lot 12 A motion to approve MP on the Consent Agenda was made by Commissioner Rinke and seconded by Commissioner Sutherland and passed with a vote of 8-0, with the following staff stipulations: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. The design of the homes shall be in compliance with Section , Architectural and Site Design Standards of the Cedar Creek Overlay District. c. The on-lot landscaping shall conform to Section D of the Cedar Creek Overlay District d. All above ground electrical and/or telephone cabinets shall be placed within the interior side or rear building setback yards. However, such utility cabinets may be permitted within front or corner side yards adjacent to street right-of-way if cabinets are screened with landscape materials. e. As required by the UDO, all exterior ground or building mounted equipment, including but not limited to mechanical equipment, utility meter banks and coolers, shall be screened from public view with landscaping or an architectural treatment compatible with the building architecture.

8 MINUTES Planning Commission Meeting: July 23 rd, 2018 City of Olathe City Planning Division Application: MP : Minor Plat, Valley Ridge Replat of Lot 19 A motion to approve MP on the Consent Agenda was made by Commissioner Rinke and seconded by Commissioner Sutherland and passed with a vote of 8-0, with the following staff stipulations: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. The design of the homes shall be in compliance with Section , Architectural and Site Design Standards of the Cedar Creek Overlay District. c. The on-lot landscaping shall conform to Section D of the Cedar Creek Overlay District d. All above ground electrical and/or telephone cabinets shall be placed within the interior side or rear building setback yards. However, such utility cabinets may be permitted within front or corner side yards adjacent to street right-of-way if cabinets are screened with landscape materials. e. As required by the UDO, all exterior ground or building mounted equipment, including but not limited to mechanical equipment, utility meter banks and coolers, shall be screened from public view with landscaping or an architectural treatment compatible with the building architecture.

9 MINUTES City of Olathe City Planning Division Application: MP : Olathe Soccer Complex, 2 nd Plat (a replat of all of Lot 1 and part of Tract A) A motion to approve MP on the Consent Agenda was made by Commissioner Rinke and seconded by Commissioner Sutherland and passed with a vote of 8-0, with the following staff stipulations: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division.

10 MINUTES Planning Division Application PR Revised Preliminary Site Development Plan for 360 Gymnastics Building Addition Kim Hollingsworth, Senior Planner, appeared before the Planning Commission, summarizing the request, which is for a revised preliminary site development plan for 360 Gymnastics. The property is located at the northwest intersection of N. Lindenwood Drive and East Spruce Street, is currently zoned M-2 and surrounded by additional properties with equivalent zoning. She added that the property is located within the PlanOlathe future land use designation of industrial area, and is also located in proximity to mixed-density residential as a future land use designation, and commercial corridor for the Santa Fe corridor. Ms. Hollingsworth presented an image of the existing building and noted that the property has been used as a gymnastic facility for some time. The building was built in 1981 and was built for athletic-type uses. The building has an existing gym component and an entry component along the south edge of the building. She noted the area of the proposed addition. She presented the site plan and noted the existing building and where the new addition would be located, which is in the north section of the site. The addition is 10,415 square feet in total. She added that access on the site would stay the same. Per staff's recommendation, the applicant has added a pedestrian connection to North Lindenwood Drive. She indicated mature trees on the west and north sections of the site and added that the applicant will add landscape screening for the parking areas along Lindenwood and foundation landscaping for the building along the new addition portion of the building. The applicant is proposing a detention area that does not exist on the site today. Staff has reviewed stormwater for the site and does not believe run-off would increase because of the addition to the building. Ms. Hollingsworth further noted trees close to the building and stated that the applicant is proposing the trees remain. The building consists of metal and masonry materials, which the applicant hopes to carry over into the new addition. Staff applied the appropriate UDO requirements for Building Category F. She said there will be glass elements on the east and west elevations, in particular a glass garage door that could go up and down to provide extra ventilation throughout the site. This door would be used for pedestrian purposes only. Ms. Hollingsworth reported that the applicant has requested a waiver from the requirements for a primary façade, which is that there will be 22 percent maximum Category 3 materials. The applicant is proposing 58.3 percent Category 3 materials. She noted that the north elevation consists of brick and metal, but the applicant is requesting a waiver from the Category 3 requirements, which exceeds the 80 percent maximum by only 1.3 percent. She added that the west façade would consist of glass and metal, and notes that the applicant is requesting a waiver to the 9.7 increase from the Category 3 material requirements, due to the amount of metal on that façade. Ms. Hollingsworth reported that staff reviewed the waiver requests against the criteria in the UDO. She said the applicant revised their original submission in order to bring the building more closely in line with the requirements. Staff supports the request for the north and west facades because they believe they are less visible to the public and the berm provides relief to adjacent property owners. Staff does not believe there would be any negative consequences to property owners to the north and west. However, staff does not support the waiver request for the primary façade on the east. Staff believes the waiver is asking for a significant departure from

11 PR July 23, 2018 Page 2 the UDO requirements and the applicant has not demonstrated adequate justification for such waiver request. If the waiver is not approved, the applicant would have to meet minimum UDO requirements. She noted that the applicant provided notice to area property owners and received one response from a property owner to the north, who had a concern about stormwater. Ms. Hollingsworth concluded by saying that staff recommends approval of the revised preliminary site development plan, with stipulations. Comm. Sutherland asked if staff provided the applicant with any suggestions on the east façade. Ms. Hollingsworth said they asked that the applicant provide additional masonry materials. Comm. Nelson asked if that standard is met, if it can be approved administratively. Ms. Hollingsworth responded that if the requirement is met for the east façade, it would be approved administratively. Comm. Nelson asked if the applicant outgrows this building and moves somewhere else, if there is anything limiting the ability to use this building in the zoning that it currently has. Ms. Hollingsworth does not believe so. Chair Vakas asked the applicant to come forward. Eric Smith, Owner/Applicant of 360 Gymnastics, 431 North Lindenwood Drive, approached the podium. He said they are excited about this building. They have been in this building for five years and have been very successful. Comm. Freeman asked how Mr. Smith felt about staff recommending denial of the waiver on the east elevation. Mr. Smith said they are trying to keep the symmetry of the building together, noting that the older portion of the building is metal. Otherwise, it will look like two different buildings. Comm. Freeman asked if there were conversations with the architect about possibly upgrading the existing building to match the new portion. Mr. Smith said that was not discussed. He added that the existing building will be painted to match in order to improve how it looks. Comm. Freeman noted that having the buildings look similar makes a lot of sense. Chair Vakas asked if there was any further discussion. Comm. Sutherland said he would support accepting the waiver because, like the owner noted, the symmetry would be better. Chair Vakas noted that improving the entire building could be expensive, or applicant could comply with staff's recommendation, which is for the east façade to meet UDO standards. Comm. Corcoran questioned if the application needs more work and wanted to be sure the applicant understands that if the waiver is not approved, they will have to comply with the UDO on the new-build portion of the building. He questioned whether there could be transitional improvements made to bring it closer to meeting the UDO. Comm. Rinke asked if this is approved per staff's recommendation, the applicant would have to follow the UDO on the east side only, and the waiver on the other two sides would be approved. Aimee Nassif, Chief Planning and Development Officer, said that is correct, but clarified that staff has worked with the applicant for many months. Options are: Approve as recommended by staff; approve with a different stipulation. For the applicant, if this is approved as recommended by staff, their options are to come back in comply with the UDO, or they could propose something different, if there was some other middle ground. Comm. Vakas asked if staff's stipulation regarding meeting the UDO on the east side is for the new construction only. Ms. Nassif said yes. Comm. Rinke asked if the applicant's architect was present. Joe Stewart, 125 Highland Park Avenue, Excelsior Springs, MO, approached the podium. Comm. Rinke asked how practical it would be to add brick or stone to the building. Mr. Stewart said it is not impossible, but there is no stone or masonry ledge on the entirety of the building. The original building is prefabricated metal for the most part, except for the entry, which is masonry. He feels that trying to add masonry around the base of the building is not impossible, but would be difficult to accomplish. Chair Vakas noted that meeting the UDO standard on the entire east façade would be difficult and expensive. Mr. Stewart agreed, and added it would be much more so than trying to bring the balance of the east side of the façade into compliance. They will continue to make minor improvements to the current building, but do not wish to completely overhaul it at this point in time. Chair Vakas thinks Mr. Stewart and the applicant both understand what is being stipulated.

12 PR July 23, 2018 Page 3 Mr. Stewart said they could work with staff moving forward. Comm. Rinke is supportive of staff's recommendation. Chair Vakas called for a motion. Motion by Comm. Rinke, seconded by Comm. Corcoran, to recommend approval of PR , subject to staff's stipulations, as follows: a. A waiver is granted from Building Design Category F to permit a reduction in the quantity of Category 1 and 2 materials and an increase in the quantity of Category 3 materials within the north and west exterior facades for the proposed building addition. Building materials will be as shown in the attached architectural elevations. b. The final landscape plan will comply with the requirements of UDO c. The applicant will demonstrate that trees identified on the revised site development plan for preservation will be adequately protected during construction per the requirements of UDO d. Utility locations and any modifications shall be included on the final development plan. e. As required by the UDO and will be stated on the final development plan, all exterior ground or building mounted equipment, including but not limited to mechanical equipment, utility meter banks, coolers and loading docks shall be screened from public view with landscaping or an architectural treatment compatible with the building architecture. f. A final site development plan shall be approved prior to issuance of building permits. Aye: Sutherland, Nelson, Rinke, Fry, Munoz, Corcoran, Vakas (7) No: Freeman (1) Motion was approved 7-1.

13 City of Olathe Planning Division MINUTES Application: SU Request for a Special Use Permit to allow the keeping of more than four (4) dogs in the Single Family Residential (R-1) District, specifically located at 1512 E. Frontier Lane. Zachary Moore, Planner II, reported that the applicant is requesting a continuance because the deadline for mailing notices was not met. Motion by Comm. Nelson, seconded by Comm Freeman, to recommend continuance of SU to a date uncertain. Motion passed 8-0.

14 City of Olathe City Planning Division MINUTES Application: RZ Rezoning 17.97± acres from CP-2 and RP-3 to C-2 and preliminary development plan for Boulder Creek Commercial Dan Fernandez, Planner II, noted that this is the first request for continuation. The applicant is asking for more time in order to work on revisions to their site plan, based on staff comments. Motion by Comm. Sutherland, seconded by Comm Freeman, to recommend continuance of RZ to a date uncertain. Motion passed 8-0.

15 City of Olathe Planning Division MINUTES Application: RZ Request to rezone approximately 9.85 acres from BP (Business Park District) C-4 (Corridor Commercial District) specifically located at 2115 E. Kansas City Road. Zachary Moore, Planner II, noted that this item must be continued due to unforeseen circumstances with the newspaper, in which the Notice of Public Hearing was not published in a timely fashion. Chair Vakas asked who was responsible for missing the deadline. Aimee Nassif, Chief Planning and Development Officer, responded that it was as a result of miscommunication and several publications did not get advertised as requested. Motion by Comm. Nelson, seconded by Comm Rinke, to continue RZ to the August 13, 2018, Planning Commission meeting. Motion passed 8-0.

16 City of Olathe City Planning Division MINUTES Application: UDO Unified Development Ordinance Amendments, Phase one Aimee Nassif, Chief Planning and Development Officer, explained that this item was being continued because of concerns with publication. Staff recommends continuing to August 18, Motion by Comm. Rinke, seconded by Comm Freeman, to continue UDO to the August 13, 2018, Planning Commission meeting. Motion passed 8-0.

17 MINUTES City of Olathe Planning Division Application: RZ : Rezoning from RP-3 to R-4 District for Lone Elm Senior Apartments Zachary Moore, Planner II, appeared before the Planning Commission, summarizing the staff report for both RZ and PR , a rezoning of a.75-acre parcel and a revised preliminary site development plan for 9.58 acres. Mr. Moore presented a location map and pointed out the location of the property along the western side of South Lone Elm Road, near West 116th Street. He said this.75-acre parcel is requested to be rezoned from RP-3 to R-4. The existing zoning map of the surrounding area showed a majority of the property under consideration for the revised preliminary site development plan is currently zoned R-4. He indicated an area to the southeast that is not included and is actually a previous entry to the proposed Lone Elm Senior Apartments site. The.75-acre parcel is included in this rezoning because that will serve as the new entryway to the site. Mr. Moore presented an exhibit of the area to be rezoned. He noted a portion of a two-unit bungalow building that straddles the property line of the parcel proposed to be rezoned, and the parcel that is already zoned R-4. He said there are no issues with UDO setback requirements because the minimum side yard setback in the R-4 zoning district is zero feet. Therefore, they would be allowed to go over the property line without issue. Mr. Moore reported that since the application was approved in 2017, it has remained at 173 total units, but the density is increased due to the reduction of land from the original R-4 piece that is no longer being considered on the revised preliminary site development plan. He noted a net decrease of approximately.46 acres by removing some land southeast of the previous preliminary site development plan site. He added that that calculation includes the three-quarter acre parcel to the northeast. This explains the increase in density from units per acre to units per acre Mr. Moore presented the overall site development plan as revised for PR He noted the northeast portion is subject to be rezoned pending Planning Commission recommendation and City Council approval. He said the bungalows outlined in green were located elsewhere on the previous site plan, and the new drive is located where the bungalows were previously located. He said there is another private drive into the site on the southwest. He said there were two entrances to the apartment complex on the previous site development plan, but only one entrance is off South Lone Elm Road. Therefore, the entrance remains, but is being shifted slightly to the north with this revised site development plan. He noted that there is no proposed change to the two apartment buildings. Mr. Moore presented a view of the existing site, noting where the new driveway will be. He also presented the proposed landscaping plan. He said there have been no changes to any buffers to the north or west or to the landscaping to the south. He said that with this application and its proximity to South Lone Elm Road, the landscaping buffer immediately adjacent to South Lone Elm is actually being increased by approximately 150 feet. Mr. Moore then referred to the technical and perspective drawings of the elevations, noting again that the elevations for the two apartment buildings have not changed. He noted the

18 RZ July 23, 2018 Page 2 materials being used on the buildings. He said staff is supportive of all of the architecture as shown and as previously approved by City Council in Mr. Moore reported that 19 citizens attended a neighborhood meeting held on June 13, Main topics of discussion were layout and design of the bungalows, traffic impacts on the surrounding roads, amenities to be provided on site, maintenance of the units, proposed landscaping, potential road improvements, wildlife, storm shelters, and the management practices of the apartment complex itself. Staff has also received several s from concerned citizens regarding access to the site and the traffic impacts of the proposal; those s were included in the packet. Staff notes that the property is located within the Mixed Density Residential Neighborhood designation on the future land use map. He said the rezoning from RP-3 to R-4 (Residential Medium-Density Multifamily) follows Comprehensive Plan goals and is compatible with the surrounding area. Staff recommends approval of the rezoning to the R-4 district and the associated revised preliminary site development plan, as stipulated. Chair Vakas summarized by noting that the rezoning of the new parcel is simply to bring the entire parcel into the same zoning category. Mr. Moore agreed. Chair Vakas also noted that technically the parcel does not have to be rezoned for the project to go forward, so this is a technical procedure that certainly makes sense. The original site development plan has already been approved. Comm. Fry questioned the original rezoning and asked why the designated acreage is being subtracted from the total and removed from the preliminary plan, resulting in an increase in density. He asked if the land would then be used for something else at a later time, and why it wouldn't be used as green space or some other amenity to the preliminary plan. Mr. Moore responded that when looking at the land to the southeast, an area in the middle was not part of the consideration on the preliminary site development plan. He notes that it was left to look a little "hodge-podgy," and he feels it may be suited to be developed differently in the future, rather than for open space and green space that is more or less separated from the actual apartments. Comm. Fry feels neighbors may be wary of a bait-and-switch maneuver and believes that they should be told that that property that was part of the preliminary plan to begin with would most likely have to be rezoned to commercial if it was ever developed. Mr. Moore referred to the zoning map and noted what portion of the site is already zoned R-4. He understands that that property is currently developed as some type of utility service and doesn't believe that anyone would try to add apartments in that area. He notes that the property to the south is zoned commercial, so anyone trying to develop another senior apartment complex would have to be rezoned and go through the Planning Commission and City Council. Comm. Fry commented that there is an island of R-4 that will logically not be developed as R-4; Mr. Moore agreed. There were no further questions from commissioners. Chair Vakas opened the public hearing and asked the applicant to come forward. Dan Foster, Schlagel & Associates, West 107th Street, Lenexa, approached the podium. He also introduced members of the development and the architect for the project. Mr. Foster noted again that this proposal is for the same number and type of units, and the same architecture. There are two senior buildings and two bungalow buildings, although their locations have changed to allow for the proposed drive. Mr. Foster stated that one of the reasons for the relocation of the drive was, as they were proceeding with construction plans prepared, there was a small problem with the gas pipeline and transfer station, making crossing at that location impossible. Therefore, the crossing/access had to be moved further to the west. Mr. Foster said part of this project includes improvements to Lone Elm and they are constructing a right-turn lane into the 116th entrance. They are also striping a left-turn lane in both directions within the existing pavement for 116th Street on Lone Elm. He understands neighbors are concerned about traffic flow, especially when school is in

19 RZ July 23, 2018 Page 3 session. Mr. Foster notes that senior housing's peak hours are different from typical peak hours and their trip generation is low. Mr. Foster addressed fire safety, which has been discussed at length with staff. He noted that the lane is a double-lane, median-divided road specifically designed for required fire access. Both Traffic and Fire departments have approved this plan. There were no questions from commissioners. Greg Foss, West 115th Terrace, approached the podium. He said he has reviewed the plan and understands that Fire and Traffic have both approved it. However, he is concerned that if there is an accident at that intersection, it would be disastrous. He notes that there are 173 units in a long cul-de-sac, and if this development does not put a driveway in to the west and connect, there will be a problem. His issue is that it was a private drive designed in the first plan and approved, so that private drive should be built and provide a second connection to this development. Mr. Foss says he's been involved in economic development 30 years and has reviewed a lot of drawings and plans. When he looks at this plan, he believes there will be a problem if the developer is not forced to escrow the funds to have the street built in a certain timeframe. There was no one else from the public who wished to speak. Chair Vakas asked a representative from Traffic to come forward. Cheryl Lambrecht, Traffic Engineer for the City of Olathe, approached the podium. She said with the original rezoning and preliminary site plan, the applicant prepared a traffic impact study, which are used to determine what public improvements are needed, and to consider impacts on the existing systems. She said the Institute of Transportation Engineers collects data from across the country, actual traffic counts from actual facilities. She said based on 173 units of senior living, about 38 people would be exiting the facility during the morning peak, and 32 would be entering. She agreed with Mr. Foster, that peak hours for senior living is not the same as peak hours for commuter traffic. She said their consultant assumed that the peak hour for the senior living occurred at the same time as school traffic and commuter traffic, which is the worse-case scenario. She said with 38 people exiting and 32 people entering, there will not be much of an impact on Lone Elm Road. Ms. Lambrecht addressed the left turn lanes that the applicant is adding. She notes that a twolane road with left-turn lanes can accommodate 16,000 cars per day. Lone Elm carries between 3,500 and 4,000 cars per day and is able to handle the additional traffic. Regardingschool traffic, she said there is a reduction of enrollment at Olathe Northwest, and with the opening of the middle school, there will be fewer parents driving to Prairie Trail. Some students at Prairie Learning Center will be attending classes at Mill Creek in downtown Olathe. All this will result in a change in traffic patterns. New schools opening in the area will have minimal impact. Staff will continue to monitor traffic changes on Lone Elm and will make recommendations at the appropriate time. Ms. Lambrecht added that in 2019, there will be a mill and overlay project for Lone Elm, at which time the City contractor will mark out the left-turn lanes on Lone Elm. Chair Vakas asked if the Fire Department has determined that the probability of an issue on Lone Elm is low enough that they don't consider it an issue. Ms. Lambrecht said that is her understanding. Chair Vakas noted that the Fire Department has no issues with the design. He asked Mr. Moore what the plan was for the secondary entrance. Mr. Moore responded that the 2017 plan for the secondary entrance would follow through the private drive, tucked in behind and through the future commercial development on the site. It would then connect to the southwestern portion of the site. He said the applicant has left it to have the potential to be built in the future, if feasible. However, that is not addressed in this plan. The entrance and exit currently shown on this plan is on the northeastern corner of the site. Chair Vakas asked if it was included with the preliminary plan that was previously approved; Mr. Moore said yes. Chair Vakas asked if the intent was for it to be built when the apartments were built. Mr. Moore said originally, yes. Chair Vakas said there has been a significant change in terms of eliminating the

20 RZ July 23, 2018 Page 4 access point. He asked if staff was concerned about that. Mr. Moore responded that the International Fire Code places a cap on the multifamily units to be accessed off of one access point from a roadway at 200; this application is significantly less than that, at 173. Therefore, he agreed with Traffic, that this project has been vetted through the Fire Department, who has given their approval. Mr. Moore defers to them. However, he believes the opportunity to have a split entry roadway with a median does offer greater flexibility than a typical two-lane road without a median. Comm. Nelson asked Mr. Moore to clarify that the Fire Department has reviewed the current plan and not just referencing the two-year-old previously-approved plan. Mr. Moore said that is correct. There were no further questions of commissioners. Chair Vakas called for a motion to close the public hearing. Motion by Comm. Freeman, seconded by Comm. Sutherland, to close the public hearing. Motion passed unanimously. Motion by Comm. Rinke, seconded by Comm. Freeman, to recommend approval of RZ , for the following reasons: (1) The proposed development complies with the policies and goals of the Comprehensive Plan. (2) The requested rezoning to R-4 district meets the Unified Development Ordinance (UDO) criteria for considering zoning applications. Comm. Rinke's motion included recommending approval of RZ , subject to staff's recommendation, as follows: Staff recommends approval of the rezoning to the R-4 district, as presented. Comm. Rinke's motion included also included recommending approval of RZ , with the following stipulations to be included in the preliminary site development plan: a) A final site development plan shall be approved prior to issuance of a building permit. b) Shrubs shall be provided around the parking area to achieve 100% screening in accordance with UDO, Section c) All landscaped areas shall be irrigated. d) All on-site wiring and cables shall be placed underground. e) Per UDO requirements, all exterior ground or building mounted equipment including but not limited to mechanical equipment, utility meter banks and coolers, shall be screened from public view with landscaping or an architectural treatment compatible with the building architecture. This note shall be placed on the final site development plan. Aye: Sutherland, Freeman, Nelson, Rinke, Fry, Munoz, Corcoran, Vakas (8) No: (0) Motion was approved 8-0.

21 MINUTES City of Olathe Planning Division Application: PR : Revised preliminary site development plan for Lone Elm Senior Apartments Please refer to RZ for further discussion and information about this application. Motion by Comm. Rinke, seconded by Comm. Freeman, with the following stipulations: a) The revised preliminary site development plan is approved contingent upon rezoning application (RZ ) approval by the City Council. b) A final site development plan shall be approved prior to issuance of a building permit. c) All crosswalks provided on-site shall be made of a decorative material, per UDO, Section D. d) A preliminary stormwater management report for stormwater detention and stormwater quality will be required for the final site development plan. e) The parking lot landscape island on the westernmost portion of the parking lot shall have a shade tree planted. f) Shrubs shall be provided along the parking area adjacent to the north property line to achieve 100% screening in accordance with UDO, Section g) All landscaped areas shall be irrigated. h) Per UDO requirements, all exterior ground or building mounted equipment including but not limited to mechanical equipment, utility meter banks and coolers, shall be screened from public view with landscaping or an architectural treatment compatible with the building architecture. This note shall be added to the final site development plan. i) All on-site wiring and cable shall be placed underground. j) All sewer improvements, public or private, shall conform to the City of Olathe Technical Specifications and Design Criteria. k) A building material sample board shall be submitted with the final site development plan. Aye: Sutherland, Freeman, Nelson, Rinke, Fry, Munoz, Corcoran, Vakas (8) No: (0) Motion was approved 8-0

22 MINUTES Planning Division Application RZ : Rezoning from CP-2 and CP-3 to PD (Planned District), and preliminary development plan for Bach Homes Development Comm. Corcoran reported that he had a former financial interest in Mur-Len 127 with Olsson Associates. Therefore, he recused himself from discussion and left the chamber. Dan Fernandez, Planner II, appeared before the Planning Commission, summarizing the request, which is a proposed rezoning for Bach Homes to a planned district. The proposed development consists of 294 single- and multi-family units. There are 12 single-family homes, 8 apartment buildings and clubhouse, and 8 townhome buildings. He said there are also two mixeduse buildings along Mur-Len that will include retail and commercial on the first floor, along with living units on the top floors. This project also includes a proposed drug store at the corner of 127 th Street and Mur-Len Road and a convenience store and gas station at the northwest corner of 129 th and Mur-Len. Mr. Fernandez said Planned District was chosen to promote a harmonious and continuous theme throughout the development. As part of that district moving forward, there is a prohibited use list, which the applicant has agreed to. Mr. Fernandez presented the site plan. He said items such as density, building height, open space and setbacks are established within the preliminary site development plan, which shows approximately 28,000 square feet of commercial and 123,000 square feet of residential area. Heights of the buildings range from one to four stories and the apartment buildings are the tallest; they are located on the interior of the site. There are no building design standards for planned districts, but the staff wanted the applicant to incorporate features included in the UDO design requirements, such as vertical and horizontal articulation and Category 1 materials. Those materials have been used in the elevations that have been submitted. Mr. Fernandez then presented views of the townhomes and the mixed-use buildings, along with the four-story apartments buildings and the single-family homes. Chair Vakas asked if the singlefamily homes are detached. Mr. Fernandez said they were. Chair Vakas asked if they were townhomes. Mr. Fernandez said they are very close but noted that these are not attached. Comm. Rinke asked if these units will be for sale or for rent. Mr. Fernandez deferred the question to the applicant. Comm. Nelson asked if setback standards are different because this is a proposed development. Mr. Fernandez said that it's different, but they can be similar depending on the development. For this, a majority of the setbacks are similar to what is found in regular zoning districts. Also, the fire department has reviewed these plans and found no issues. Mr. Fernandez presented a perspective of the project from Mur-Len, noting the entrance between 127th and 129th. He presented a view from the corner of Mur-Len and 129th Street, and a few looking southwest, noting the proposed drug store at the corner of 127th Street and Mur-Len. Mr. Fernandez noted that the plan includes 518 parking spaces for all uses; 441 spaces are required. He said staff is requesting additional detail on how parking will be used for the mixed-use buildings, and that will be addressed at the final development plan. Mr. Fernandez noted that the setback on the north side of the drug store is about four feet, which staff feels is too narrow. Staff

23 RZ (PC Minutes) July 23, 2018 Page 2 is stipulating that that be widened to 10 feet. Other items to examine further include increasing setbacks for two townhomes along 127th Street. If they cannot be increased, possibly increasing landscaping, or something to add buffer from the townhome. Staff also wants the applicant to look at reorienting the drug store and moving it closer to Mur-Len and putting parking in the rear. If that can't be done, staff is requesting that a street wall be placed along Mur-Len for screening. Staff would like the applicant to consider additional outdoor seating areas around the mixed-use buildings. Mr. Fernandez stated that the applicant is agreeable to all these suggestions. Mr. Fernandez presented a color landscape plan, which reflected landscape buffers, islands, park and paving screening, and landscaping along the foundations. He said open space is at 35 percent, which is more than other zoning districts in the UDO require. Also, there pedestrian connection throughout the site. Staff will continue to examine connectivity. Mr. Fernandez then addressed traffic and noted seven access points into the site. He reported that the applicant submitted a traffic impact study, which identified several improvements. Mr. Fernandez noted that the right turn entrance on 127th Street is shown due to the drug store, convenience store and gas station. The right turn into the site serves the convenience store and gas station. Should the lots not develop as anticipated, staff will re-evaluate the need for those entrances and a revised traffic impact study or report will be needed. Mr. Fernandez added that because there are no elevations for the drug store, convenience store and gas station, a revised preliminary site development plan will be needed for both sites. Comm. Munoz questioned if the road on the west side is shared with the Honda dealership; Mr. Fernandez said yes. Mr. Fernandez said staff recommends approval of the rezoning request because the development meets several goals of PlanOlathe. Staff has not received any correspondence for or against this rezoning request. Comm. Fry noted at there are several established businesses along 127th and asked how those might be impacted by traffic. Mr. Fernandez deferred the question to Traffic but noted that Traffic staff recommends two stop lights at 129th Street and 127th Street. Comm. Fry asked Mr. Fernandez to talk about how City Council might or might perceive this use compared to a use that was approved before. Mr. Fernandez deferred the question to the applicant. Comm. Rinke noted that previously Ancona Honda was concerned about height of the building. He asked if the new owners of Ancona Honda had the same concerns. Mr. Fernandez said they received notice and there was a neighborhood meeting, where only two people showed up. One resident had questions about the project but did not say if they were for or against it. Staff has not heard from any other neighboring property owner or resident. Comm. Rinke noted 84 interior garages and questioned if that number included the single-family and townhomes; Mr. Fernandez said it does. Comm. Rinke asked how many garages belonged to the apartments. Mr. Fernandez deferred the question to the applicant. Comm. Rinke is concerned about the number of garages available to those living in the apartments. Comm. Nelson expressed concerns with connectivity from the residential to the commercial, and also the speed of traffic. Mr. Fernandez said those issues have been reviewed by staff and the applicant is providing sidewalks along both sides of the interior drive, as well as crosswalks throughout the development. Comm. Nelson asked how speed would be controlled. Mr. Fernandez deferred the question to Traffic. Comm. Munoz questioned connectivity from 129th, where there seems to be a large parking area for large trucks. He asked how that impacts this site, and if it is normal to have a parking lot full of 18-wheeler trucks next to an apartment complex. Mr. Fernandez deferred to Ms. Nassif. Aimee Nassif, Chief Planning and Development Officer, and said that no, it is not normal, standard practice, but it is something staff took into account when making the review, to check for additional landscaping, visual screening of it, and making sure that pedestrian markers are evident. She said the applicant has done a lot of developments like this in other cities and may be able to address the question more specifically. Comm. Munoz

24 RZ (PC Minutes) July 23, 2018 Page 3 feels the area is too tight for the trucks. He does not understand where they're coming from, and now there will potentially be children living nearby. Mr. Fernandez appreciates that point and suggested Traffic may be able to address that issue. Chair Vakas opened the public and asked the applicant to come forward. Nick Mason, Bach Homes, 2237 Ramona Avenue, Salt Lake City, UT, approached the podium. He said this is Bach Homes' first entry into Olathe and staff has been excellent to work with. He feels this type of retail/commercial development plays well with the site and surrounding area. He notes that the land has been vacant a long time and believes the site will be greatly improved and add value to the community. Mr. Mason noted that the single-family homes will be for rent. He said the combination of different types of housing creates another tier of rents and invites a lot more diversity into the community. Chair Vakas asked if all the units were market rate; Mr. Mason said yes. Chair Vakas noted that this development is not geared toward any particular age bracket. Mr. Mason agreed, and says it provides an opportunity for all age brackets. Chair Vakas asked if the townhomes will have elevators. Mr. Mason said no because he does not believe it would be cost effective. Comm. Rinke asked if Mr. Mason has had any discussions with City Council members. Mr. Mason responded that he has spoken with Councilmember Marge Vogt and the mayor, looking for feedback on this project and how to make it successful. He understood that the prior application was denied by City Council due to lack of commercial development. They believe a convenience store and Walgreen's-type store would do well in this area. They also worked to specifically incorporate the residential with the commercial. He believes they have the support of the City of Olathe. Comm. Nelson asked about traffic control considerations in this area. Mr. Mason responded that Bach Homes has built about 4,000 apartment units and have maintained ownership on them all. They also own the management company they use on all their developments. He said this development is unique because of the commercial aspect, so he is unsure how traffic control will be addressed. He said they certainly would not want to create a situation that would be dangerous for anyone. He looks forward to hearing what Traffic has to say. Comm. Freeman asked if this project will be accommodating to cycling and pedestrian traffic. He also wanted to point out the importance of landscaping and art in a project like this. Mr. Mason said he understands the importance of landscaping and will take that into consideration. Regarding traffic circulation, he does not recall having any conversations with Councilmember Vogt about bicycles but did have conversations about pedestrian traffic. It was important to Ms. Vogt to incorporate pedestrian circulation from the residential to the commercial, and they have attempted to accommodate that by adding pedestrian crosswalks, etc. He said more thought will go into keeping the area safe. Comm. Freeman said he could see value in having some sort of traffic-calming feature to slow traffic through the site. Mr. Mason agreed, and said they have such traffic-calming features in some of the existing developments. Chair Vakas asked if anyone else present wished to speak. Susie Asfaw, 2012 E. Cherokee Place, Olathe, approached the podium. She has leased property and plans to open a café nearby. She questioned what changes by going from C-2 to mixed use, and also questioned traffic flows. Ms. Nassif responded that there is no minimum percentage requirement for commercial or the type of commercial that goes in. However, she said the site plan would be approved with the zoning, if the zoning is approved. Therefore, any major changes to this application would have to come back to the Planning Commission. The applicant is required to build the footprints and the building out lots for the commercial as are presented tonight. However, there is no minimum percentage requirement for the tenant mix. Comm. Freeman noted that there are blacklisted businesses that are not permitted; Ms. Nassif agreed. Bill Gulick, West 124th Street, approached the podium. He lives approximately one-half mile from this development. He feels the development seems tall compared to the buildings in the area and is somewhat concerned. He also said he bikes in the neighborhood and shops at all the