MINUTES Opening Remarks Planning Commission Meeting: May 14, 2018

Transcription

1 Opening Remarks The Planning Commission convened at 7:00 p.m. to meet in regular session with Chairman Dean Vakas presiding. Planning Commissioners Mike Rinke, Barry Sutherland, Chip Corcoran, Jose Munoz, Ryan Nelson and Ryan Freeman 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 April 9, 2018, Planning Commission meeting was made by Commissioner Nelson and seconded by Commissioner Rinke. The motion was approved 7-0.

2 Application: MP : Covington Creek Lots 28 & 29 Replat A motion to approve MP on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Rinke, and passed with a vote of 7-0, with the following staff stipulations: a. Sidewalks shall be installed on both sides of Roundtree Street as required by UDO c. 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. d. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the. e. 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.

3 Application: MP : The Landings at Stone Creek 4 th Plat (A replat of Lot 8, Stone Creek Village, Second Plat) A motion to approve MP on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Rinke, and passed with a vote of 7-0, 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. b. Prior to certificates of occupancy, all required neighborhood amenities, including landscaping and walking trails, shall be installed by respective phase per the approved final site development plan. 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-of-way if cabinets are screened with landscape materials.

4 Application: FP : Townhomes at Fairfield Village 41 st Plat A motion to approve FP on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Rinke, and passed with a vote of 7-0, with the following staff stipulation: a. A street tree plan shall be submitted prior to recording the final plat. The developer is responsible for planting street trees, subject to Unified Development Ordinance Section G.

5 Application: FP , Arbor Woods, Fifth Plat A motion to approve FP on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Rinke, and passed with a vote of 7-0, with the following staff stipulations: a. The final plat is subject to a traffic signal excise tax of $1, The required excise fee shall be submitted to the prior to recording the final plat. b. Prior to recording the plat, a street tree plan shall be submitted, per Unified Development Ordinance (UDO) c. A sidewalk and address plat shall be submitted prior to issuance of building permits. 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. 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. f. Prior to recording the plat, tree preservation fencing shall be installed around all Tree Preservation Easements in accordance with UDO, Section E.

6 Application: FP , Cedar Ridge Reserve, Second Plat A motion to approve FP on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Rinke, and passed with a vote of 7-0, with the following staff stipulations: a) The final plat is subject to a street excise tax of $82, The required excise fee shall be submitted to the prior to recording the final plat. b) The final plat is subject to a traffic signal excise tax of $1, The required excise fee shall be submitted to the prior to recording the final plat. c) Prior to recording the plat, street tree plans shall be submitted, per Unified Development Ordinance (UDO) 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. g) Prior to recording the plat, tree preservation fencing shall be installed around all Tree Preservation Easements in accordance with UDO, Section E.

7 Application: FP , Final Plat for TVH Industrial Park A motion to approve FP on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Rinke, and passed with a vote of 7-0, with the following staff stipulations: a. The final plat is subject to a street excise tax of $147, The required excise fee shall be submitted to the prior to recording the final plat. b. The final plat is subject to a traffic signal excise tax of $6, The required excise fee shall be submitted to the prior to recording the final plat. c. The parking/paving setback provided along the northern property line shall be removed from the plat prior to recording. d. Prior to recording the plat, a digital file (.pdf) shall be submitted to the City Planning Division.

8 Application: PR Revised Preliminary Site Development Plan for TVH Industrial, an expansion of an existing warehouse This item was pulled from the Consent Agenda for further review upon the request of Commissioner Freeman. Zachary Moore, Planner II, advised that the preliminary development plan is an expansion of an existing building that will total approximately 250,000 square feet. This expansion is proposed to be a few feet taller than the existing building while blending in with the architecture in the area. The same building materials will be used, and the proposed use is the same. Comm. Freeman noted changes made from 2004 to today's proposal and asked Mr. Moore to highlight what those changes are. Mr. Moore noted that the 2004 proposal did not include the subject expansion, and there has been an office addition to the west side facing Lone Elm Road. There were no further questions; Chair Vakas called for a motion. Motion by Commissioner Freeman, seconded by Commissioner Sutherland, to approve PR , subject to staff s stipulations, as follows: a. The final plat shall be recorded prior to issuance of building permit. b. A final site development plan shall be approved prior to issuance of building permit. c. A complete stream restoration plan including all planting, armoring, and clearing specifics will be required for the final site development plan. d. A parking lot permit shall be approved for any deferred parking that is built in the future. The parking areas shall meet all landscaping requirements found in Section of the UDO. e. Landscaping shall be provided per UDO, Section around all deferred parking along the north property line prior to parking lot permit. f. The final site development plans shall include the following note on the landscape plan: All exterior ground or building mounted equipment, including, but not limited to mechanical equipment and utility meter banks shall be screened from public view with landscaping or an architectural treatment compatible with the building architecture in accordance with UDO, Section I. Motion was approved 7-0.

9 Application: PR : Revised Preliminary Site Development Plan for Dale s Automotive Building Addition A motion to approve PR on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Rinke, and passed with a vote of 7-0, with the following staff stipulations: a. A final development plan shall be submitted and approved prior to obtaining building permits. b. 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.

10 MINUTES Application: RZ : Rezoning from C-2 and M-1 district to PD (Planned District), 50.9± acres, and preliminary development plan for Olathe Gateway II Aimee Nassif, Chief Planning and Development Officer, advised that the applicant requests a continuance in order to continue working on the traffic study and addressing staff comments. Staff recommends continuance to a date uncertain. Motion by Comm. Rinke, seconded by Comm Nelson, to recommend continuance of RZ to a date uncertain. Motion passes 7-0.

11 MINUTES Application: VAC Vacation of existing waterline easement for Santa Rosa Shopping Center The Applicant is requesting a continuance to a future Planning Commission meeting. Dan Fernandez, Planner II, advised that the applicant requested extra time for revisions to be made to an associated preliminary site development plan and wanted to keep all associated applications on one agenda. Staff also recommends a continuance to a date uncertain. Motion by Comm. Rinke, seconded by Comm Nelson, to recommend continuance of VAC to a date uncertain. Motion passes 7-0.

12 Application: SU : Renewal of a special use permit for trailer sales and storage (Smitty s Lawn and Garden Equipment) Dan Fernandez, Planner II, appeared before the Planning Commission, summarizing this second request for trailer sales and storage. He noted that during the 2013 renewal, City Council permitted the applicant to display trailers on the grassy areas within the fenced compound. Upon inspection, staff noted that the overall site is in good condition. However, staff observed potholes where the access drive meets Rogers Road. Staff informed the applicant that the potholes would need to be repaired prior to City Council. The applicant subsequently provided pictures indicating that such repairs have already been made. Mr. Fernandez added that there are no changes to the use with this renewal. All stipulations are the same except the expiration date, which has been set at June 5, Comm. Rinke asked if trailers are parked in the grassy areas for extended periods of time. Mr. Fernandez deferred the question to the applicant. Comm. Rinke questioned whether parking in that area would kill the grass. Comm. Munoz asked if the trailers were for rent or for sale; Mr. Fernandez replied that the trailers are for sale. Comm. Rinke opened the public hearing and asked the applicant to come forward. David Wood, 48-S, Lake Lotawana, MO, approached the podium, stating that he is the owner of the building and the one who requested the extension of the permit. Addressing Comm. Rinke's question, Mr. Wood stated that the impact on the grass was a concern initially, and at that time, Mr. Wood noted that paving the area would also kill the grass. Therefore, the grass was left intact. He added that the grass generally does not die. Chair Vakas noted that he has personally been to the site several times and there are no issues with the trailers. Chair Vakas asked if anyone else in the audience wished to speak on this item. Seeing no one, he called for a motion to close the public hearing. Motion by Comm. Nelson, seconded by Comm. Munoz, to close the public hearing. Motion passed 7-0. There being no further discussion, Chair Vakas proposed the idea of offering a longer term than five years considering there have been no prior issues Motion by Comm. Freeman, seconded by Comm. Rinke, to recommend approval of SU , for the following reasons: (1) The proposal conforms to the Goals, Objectives and Policies of the Comprehensive Plan.

13 SU (Staff Report) May 14, 2018 Page 2 (2) The proposal complies with the Unified Development Ordinance (UDO) criteria for considering special use permit requests. Mr. Freeman's motion included recommending approval of SU subject to the following stipulations, as amended (1) The Special Use Permit is valid for a period of five (5) ten (10) years following Governing Body approval, with an expiration date of June 5, (2) Trailers shall not be stored or displayed in drive aisles. (3) Parking spaces shall be maintained in the areas designated on the special use permit plans. If additional parking is needed, the applicant shall provide striped parking spaces to meet current UDO requirements. Aye: Sutherland, Freeman, Nelson, Rinke, Munoz, Corcoran, Vakas (7) No: (0) Motion was approved 7-0

14 MINUTES Application: SU Request for a renewal of a Special Use Permit to allow sales of new and used motorcycles in the C-3 district, specifically located at S. Rogers Road. Zachary Moore, Planner II, stated that the applicant is requesting a continuance to a date uncertain because notices were not mailed by the deadline required by the UDO. Comm. Nelson asked to confirm that there would be no conflict from an extension with a continuance. Mr. Moore stated that the applicant requested a 6-month extension, as allowed by the UDO and the new expiration date of the current Special Use Permit is January 2, Motion by Comm. Munoz, seconded by Comm Rinke, to recommend continuance of SU to a date uncertain. Aye: Sutherland, Freeman, Nelson, Rinke, Munoz, Corcoran, Vakas (7) No: (0) Motion was approved 7-0

15 Application: RZ : Rezoning from R-3 to C-3 District Dan Fernandez, Planner II, appeared before the Planning Commission, summarizing the request. He notes that the subject site is located west of Sam's Tastee Treat. The reason for the rezoning is that the property owners would like to combine both lots and have the property under one zoning district for a future sale There are no plans to develop at this time, although they did submit a conceptual plan showing a parking area and required 20-foot landscape buffer could fit on the site. A revised preliminary site development plan will be required if any proposal other than a parking area would come forward, and any major changes would require a review by the Planning Commission, at which time adjacent property owners would be notified. If a parking area were to be built, a parking lot permit would be required, which staff would review to ensure all landscaping and fencing requirements are met. Mr. Fernandez added that a neighborhood meeting was held on April 12, 2018, and notification was sent to property owners within 200 feet by certified mail. No one attended the neighborhood meeting and staff has not received any correspondence in favor of or against this zoning request. Staff recommends approval of the rezoning as noted and stipulated in the staff report. Comm. Nelson asked why the Planning Commission would make this change without an associated proposal. Mr. Fernandez responded that the UDO does not require site improvements for a rezoning. However, the applicant is showing a conceptual parking lot layout, which is effectively a plan, which meets the requirement for rezoning and preliminary development plan. There were no further questions of staff. Chair Vakas opened the public hearing and asked the applicant to come forward. Hugh Silvernale, 2101 East Sunvale Drive, approached the podium as the operator of Sam's Tastee Treat. There were no questions of the applicant. Chair Vakas asked if anyone else present wished to speak for or against this item. Robert Richardson, 1004 West Wabash, approached the podium. He noted that his property is to the south of the subject property. He has lived on his property for 29 years and is not in favor of having a parking lot built because of concerns of trash and attracting illicit activity. Chair Vakas asked the applicant to come back to the podium. He noted that this is a request for a rezoning, not to build the parking lot. Mr. Silvernale stated that that was true, and he has no intention of ever building a parking lot. They simply wish the property be contiguous. Chair Vakas called for a motion to close the public hearing. Motion by Comm. Sutherland, seconded by Comm. Munoz, to close the public hearing. Motion passed 7-0. Comm. Rinke asked staff if, in the future, someone wanted to put in a parking lot or expand the building, would there be screening requirements that a potential applicant would have to meet.

16 RZ (PC Minutes) May 14, 2018 Page 2 Mr. Fernandez responded that a 20-foot landscape buffer is required when adjacent to residential. There is currently no landscaping in the buffer. Mr. Fernandez added that there is also a fence requirement. Comm. Munoz asked if the applicant would have to re-submit, if that was the case. Mr. Fernandez said yes, that at minimum, a parking lot permit would be required, or possibly a revised preliminary development plan. Chair Vakas added that such revision would require a light mitigation plan, as well. Comm. Corcoran noted that the property is currently zoned residential and asked how the property would be accessed. Comm. Fernandez noted that an access easement from Parker could be considered. Comm. Corcoran noted that the only viable use would be adjoining adjacent property. Mr. Fernandez agreed, for the most part. Comm. Nelson is concerned about putting C-3 next to R-1 and changing the dynamics of what could happen to that spot. He understands wanting to make the sale of the whole lot as one sale because it's more saleable if all of that is included, but by going to C3 for this lot, he feels it dramatically changes what is happening to the south with the R-1 property. Mr. Fernandez said those are good points, but staff always considers the Future Land Use map. In this case, this property is shown as a Regional Commercial Center with commercial uses. Also, given the size of the property, it would be difficult to develop as intensive C-3, which is why staff is comfortable recommending approval. Comm. Rinke asked about the zoning of the office building directly to the south. Mr. Fernandez responded CP-3. There being no further questions, Chair Vakas called for a motion. Motion by Comm. Sutherland, seconded by Comm. Corcoran, to recommend approval of RZ , for the following reasons: (1) The proposed development complies with the policies and goals of the Comprehensive Plan for Land Use (Principle LUCC 1.1). (2) The requested rezoning to C-3 district meets the Unified Development Ordinance (UDO) criteria for considering zoning applications. Comm. Sutherland's motion included recommending approval of RZ , subject to staff's stipulations, as follows: (1) A parking lot permit shall be submitted and approved prior to construction. A landscape plan and photometric plan, if applicable, shall be included and meet all requirements of the UDO. (2) A preliminary site development plan and final site development plan shall be approved prior to any new building on the subject property. Aye: Sutherland, Freeman, Rinke, Munoz, Corcoran, Vakas (6) No: Nelson (1) Motion was approved 6-1

17 Application: RZ : Rezoning from County RN-1 to City R-1 District for S. Nelson Road Zachary Moore, Planner II, appeared before the Planning Commission, summarizing the request. He noted that this is a request to rezone approximately 2.7 acres from County RN-1 zoning to City R-1 District along the west side of South Nelson Road. Mr. Moore presented a zoning map of the subject property, noting that the orange designation is County RN-1 - Residential Neighborhood zoning. Surrounding properties are City RN-1. Timberlane Acres was annexed in 1995, at which time a rezoning to a city zoning district was not required. Therefore, many property owners remained in the county zoning districts until they were ready to make improvements to their property. In order to obtain permits, property owners must receive a city zoning designation, hence the rezoning to a city zoning district. Mr. Moore further noted that the property has been improved with a single-family home and detached garage built in There are no additional improvements being requested at this time, however, the process would be easier in the event the applicant wished to expand the building on site. Mr. Moore added that the property is located within the Conventional Neighborhood designation on the Future Land Use map, and a rezoning from County RN-1 zoning to City R-1 follows the Comprehensive Plan goals for land use and housing, as well as being compatible with the Conventional Neighborhood future land use map designation. Staff recommends approval of the rezoning to the R-1 District as presented. Chair Vakas opened the public hearing and asked the applicant to come forward. Diane Francis, South Nelson Road, approached the podium. There were no questions for the applicant. Chair Vakas asked if anyone else present wished to speak for or against this item. Seeing no one, he called for a motion to close the public hearing. Motion by Comm. Nelson, seconded by Comm. Freeman, to close the public hearing. Motion passes 7-0. Motion by Comm. Rinke, seconded by Comm. Nelson, to recommend approval of RZ , for the following reasons: (1) The proposed development complies with the policies and goals of the Comprehensive Plan for Land Use and Housing (Principle LUCC-6 and HN-1). staff. (2) The requested rezoning to R-1 district meets the Unified Development Ordinance (UDO) criteria for considering zoning applications. Comm. Rinke's motion included recommending approval of RZ as presented by

18 RZ May 14, 2018 Page 2 Aye: Sutherland, Freeman, Nelson, Rinke, Munoz, Corcoran, Vakas (7) No: (0) Motion was approved 7-0

19 Application: RZ : Rezoning from AG to R-1 District and preliminary plat for Village Cooperative of Olathe North Zachary Moore, Planner II, appeared before the Planning Commission, summarizing the request to rezone approximately 4.24 acres from AG to R-1, allowing for development of a 10- lot single-family home subdivision. The property is located west of the terminus of the existing W. 131 st Street and north of W. 133 rd Street. Mr. Moore noted that the property is bounded to the east by R-1 and to the west and north by City Agricultural zoning. Mr. Moore presented a photo of the existing site, looking west. He noted a tree line that contains an existing trail. A 15-foot tree preservation easement will be provided at the existing tree line, which will remain in place. Mr. Moore presented the preliminary plat, noting that 10 lots and 4 tracts are being requested. All 4 tracts will have some component of stormwater management. Tract C will provide pedestrian access to the trail system, which is to be maintained by the HOA. Tract C will also contain stormwater management facilities. The applicant is providing street trees as required by the UDO. The 15-foot tree preservation easement extends north and south of 131st Street, as well. Mr. Moore reported that a neighborhood meeting was held on April 17, 2018, attended by three citizens. Primary topics consisted of road network, notification to property owners, flood plain, potential zoning districts if not rezoned to R-1, road improvements, timing of development, and the existing tree line. Staff has received several phone calls from citizens, asking for information regarding the application. Mr. Moore stated that there has been no support or opposition to the proposal. The property is located within the Mixed Density Residential Neighborhood designation on the Future Land Use map. Rezoning from the Agricultural district to R-1 follows the Comprehensive Plan goals for land use and housing. Staff recommends approval of the rezoning to R-1 and the preliminary plat as stipulated. Comm. Freeman asked Mr. Moore to speak to planning expectations north and west of the property. Mr. Moore responded that adjacent properties north and west are located within the secondary greenway future land use map plan, which is a guideline for development in the city. He notes that existing parkland would remain on the western property boundary. He further notes that there is a pattern building away from 135th Street of less-intense uses, leading more towards a single-family type of development. Comm. Freeman understands that the stream may create some challenges. Mr. Moore stated that the secondary greenway area, especially because it is parkland, most likely would not face any fear of development. However, properties further to the north and west could be developed but would need to be mitigated with buffers and other factors in place in the UDO at the time of development. Chair Vakas opened the public hearing and asked the applicant to come forward. Shane Wright, Applicant, Real Estate Equities Development, 1400 Corporate Center Curve, Eagan,

20 RZ May 14, 2018 Page 2 MN, approached the podium. Mr. Wright noted that with the stream and trail, a natural separation was created, and the seller of the property wanted to sell the property east of that line. That explains the two parcels. There were no questions of Mr. Wright. Chair Vakas asked if anyone else present wished to speak for or against this item. Seeing none, he called for a motion to close the public hearing. Motion by Comm. Rinke, seconded by Comm. Freeman, to close the public hearing. Motion passes 7-0. 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 for Land Use and Housing (Principle LUCC-6 and HN-1). 2. The requested rezoning to R-1 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 stipulations, as follows: (1) A final plat shall be approved and recorded prior to development. (2) The proposed trail connection in tract C shall be installed by the developer with the public improvements for 131 st Street. The trail connection shall have a minimum width of five (5) feet per UDO, Section (3) The final plat shall include a note for the pedestrian walkway in tract C to be maintained by the HOA. Aye: Sutherland, Freeman, Nelson, Rinke, Munoz, Corcoran, Vakas (7) No: (0) Motion was approved 7-0

21 Application: RZ : Rezoning from AG to R-4 District and preliminary site development plan for Village Cooperative of Olathe Please refer to RZ for additional discussion of this application. Zachary Moore, Planner II, noted that this is a request for rezoning from AG to R-4, Residential Medium-Density Multifamily, with an associated preliminary site development plan to allow for a four-story, 49-unit senior apartment building on approximately 4.87 acres. He added that the property is located south of the property addressed in RZ , immediately west of the Regency Place Elementary School and north of a senior living facility. Mr. Moore presented a zoning map of the subject property, noting that the property immediately south is zoned R-4, property to the east is R-1, and with commercial uses to the south and southeast, as well. He then presented a view of the site from the existing drive located along West 133rd Street, looking north. He noted the tree line to the right, which is the eastern property boundary. Regarding the preliminary site development plan, the proposed building will be approximately four stories tall with a garage underneath. He added that the building appears to be three stories from the existing approach on 133rd Street. Mr. Moore noted an internal drive to the property. The applicant is providing active open spaces and common greens. A detention basin is located in the northwestern portion of the site, as well, and the applicant is also providing a trail connection from the sidewalk located along 133rd Street to the Eastbrook trail system. Mr. Moore addressed the landscape plan provided by the applicant. Along 133rd Street, the applicant is providing perimeter landscaping compliant with the UDO. The applicant is also providing Type 3 buffers to the proposed single-family development to the north, and to the existing school property to the east. In addition, the 15-foot tree preservation easement exists along the area. Mr. Moore presented proposed elevations. First he presented the southeastern façade, noting that a portion of this side of the building will be somewhat tucked away. The southeastern façade and southwestern façade are considered the primary facades within this application. He added that the applicant is meeting or exceeding all UDO requirements for building materials. The amount of transparent glass currently does not meet the minimum UDO requirement of 25 percent, but that requirement will be met going forward by increasing window sizes for the apartment units, and the requirement to meet or exceed 25 percent transparent glass has been added as a stipulation. The secondary facades will be hidden from public view along 133rd Street, for the most part. The standard for minimum Category 1 materials are not as high in these areas. Mr. Moore also noted that based on discussion with the applicant and architects, staff felt it would behoove the applicant to add an architectural feature such as a dormer. Such dormer will

22 RZ May 14, 2018 Page 2 be included within the final site development plan moving forward and is included as a stipulation in the staff report. Mr. Moore presented renderings of secondary facades. He has asked the applicant to increase Category 1 materials and architectural features on the facades because if 133rd Street should be extended, that façade will be seen from that street. He noted an increase in roof pitch on that façade, as well. Lastly, Mr. Moore noted that the façade on the bottom of the screen will be facing single-family residential to the north. Elevation 2 is also considered a primary façade and could be seen from 133rd Street, traveling west. The applicant is proposing brick and stone veneer with some lap siding as a secondary material on these facades. Mr. Moore stated that a neighborhood meeting was held for this application at the same time as the meeting for RZ , covering the same topics and the same three citizens in attendance. He has received several phone calls requesting information on the application. Mr. Moore noted that the property is located within the Mixed-density Residential Neighborhood designation on the Future Land Use Map, and this rezoning from Agricultural to Residential Medium Density Multifamily follows the Comprehensive Plan goals for land use and housing. Staff recommends approval of the rezoning to the R-4 District and preliminary site development plan, as stipulated. Chair Vakas asked if this complex included underground parking. Mr. Moore said it does. Comm. Nelson asked if the final development plan would be approved administratively or if it would come back to the Planning Commission. Mr. Moore replied that the final site development plan, provided it meets all UDO requirements, will be an administrative review. Comm. Nelson asked if materials and colors have been determined. Mr. Moore replied that the applicant has chosen some of the buildings materials and has provided samples of the brick and stone veneer. Typically, staff will provide commissioners with building material samples that do not fall within the Category 1 requirement. Because the materials that have been selected are Category 1 materials, Mr. Moore did not bring them to the meeting. Mr. Moore added that as of now, they do not have 3D renderings of the projects. Comm. Nelson noted that the UDO appears to be working because the applicant has designed according to what the UDO is asking, allowing the project to move forward. Comm. Sutherland noted in the report that it references "three to four stories," but the plan indicates three stories of parking. He questioned if the "four" meant the three plus the one-story. Mr. Moore replied that that is correct. There were no further questions of staff. Chair Vakas noted that the public hearing covered this item and the applicant is available for questions. There were no questions for the applicant, and no further discussion. Chair Vakas called for a motion. Motion by Comm. Freeman, seconded by Comm. Nelson, to recommend approval of RZ , for the following reasons: (1) The proposed development complies with the policies and goals of the Comprehensive Plan for Land Use and Housing (Principle LUCC-6 and HN-1). (2) The requested rezoning to R-4 district meets the Unified Development Ordinance (UDO) criteria for considering zoning applications. Comm. Freeman's motion included recommending approval of the rezoning to the R-4 District, and recommending approval of RZ , subject to staff's stipulations, as follows: (1) A final plat shall be approved and recorded prior to development.

23 RZ May 14, 2018 Page 3 (2) A final site development plan shall be approved prior to issuance of a building permit. (3) The southwestern and southeastern elevations shall meet or exceed the minimum requirement for 25% glass on primary façades. (4) The existing drive on 133 rd Street shall be removed prior to issuance of building permits. (5) The final plat shall show a tree preservation easement on the eastern property line. (6) A dormer with window(s) shall be added to the southwestern elevation. (7) Any damage to the existing City trail system shall be repaired to City standards. Ramps shall be installed on the trail at all driveways to the development. (8) The 10 Waterline Easement (WL/E) provided shall be increased to a 15 WL/E. Aye: Sutherland, Freeman, Nelson, Rinke, Munoz, Corcoran, Vakas (7) No: (0) Motion was approved 7-0

24 MINUTES Application: VAC : Vacation of public street right-of-way for Poplar Street Sean Pendley, Senior Planner, explained that this application is associated with a preliminary development plan for the Johnson County Courthouse. Work continues on that development plan, which is why the request for vacation is being requested. Motion by Comm. Rinke, seconded by Comm Freeman, to recommend continuance of VAC to the June 11, 2018, Planning Commission meeting. Aye: Sutherland, Freeman, Nelson, Rinke, Munoz, Corcoran, Vakas (7) No: (0) Motion was approved 7-0

25 Application: VAC Vacation of existing sanitary sewer easement for Archer Subdivision Sean Pendley, Senior Planner, appeared before the Planning Commission, summarizing the request, which is a vacation of an existing 12-foot sanitary sewer easement. He added that a rezoning to multifamily residential was approved last year. He noted that the 12-foot easement bisects the site, essentially running along the creek through the site. The applicant needs to relocate the sanitary sewer line for the apartment development and has started that process. Mr. Pendley notes that there is a final site development plan pending for the apartment development. Also, the final plat for the Archer Subdivision site, which included the apartment site, has been approved but not yet recorded. This application vacates the existing line and sets stipulations that require completion and acceptance of the public improvements prior to official vacation of the easement. Public Works approves the easement as shown and there have been no complaints received. Staff recommends approval as stipulated. Chair Vakas opened the public hearing. He asked the applicant to come to the podium. Judd Claussen, Phelps Engineering, 1270 N. Winchester, approached the podium. He stated he had nothing additional to add. Chair Vakas called for a motion to close the public hearing. Motion by Comm. Freeman, seconded by Comm. Nelson, to close the public hearing. Motion passes 7-0. Motion by Comm. Freeman, seconded by Comm. Sutherland, to recommend approval of VAC , subject to staff's stipulation, as follows: a. The new sanitary sewer line shall be constructed and certificate of completion accepted prior to signing the ordinance for vacation of existing sewer easement. Aye: Sutherland, Freeman, Nelson, Rinke, Munoz, Corcoran, Vakas (7) No: (0) Motion was approved 7-0

26 MINUTES Other Matters Chair Vakas noted that the next Planning Commission meeting is scheduled for Monday, June 11, at 7:00 p.m. Aimee Nassif, Chief Planning and Development Officer added that the agenda for the June 11 th meeting is fairly full. Also, a workshop is scheduled for that evening, with a time yet to be determined. There were no other announcements. Meeting adjourned.