MINUTES CITY OF OLATHE CITY PLANNING DIVISION

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1 MINUTES CITY OF OLATHE CITY PLANNING DIVISION The meeting was called to order by Chairman Jon Campbell, with the following members present: Paul Ling, Greg Harrelson, Erin Davis, Mike Rinke, Jeremy Fry and Ryan Nelson. Absent was John Almeida. Recited Pledge of Allegiance. The Chairman read the standard ex parte statement. No Commissioner reported having any ex parte communications. Commissioner Rinke requested that items 2, 3, 5, 8 and 9 be pulled from the Consent Agenda for further discussion. Commissioner Ling requested that item 6 be pulled from the Consent Agenda for further discussion. Commissioner Harrelson requested that item 7 be pulled from the Consent Agenda for further discussion. A motion to approve the Consent Agenda, as amended, which included items 1, 4, 10 and 11, was made by Commissioner Ling and seconded by Commissioner Nelson. Motion was approved 8-0. MINUTES CASE # PR Planner: Dan Fernandez Planning Commission Meeting Date: May 12, 2014 Request: Location: Owner/Applicant Architect: Final site development plan for Freddy s Frozen Custard and Steakburgers West 151 st Terrace Scott Redler, Vice President, Freddy s Land, L.L.C. Todd Allenbrand, Payne & Brockway, L.L.C. Acres: 1.74± Proposed Use: Restaurant Current Zoning: CP-2 Building Area: 3,350 sq. ft. Streets and Right of way: 151 st Terrace Platted: Existing 40 (1/2 street) Required 40 (1/2 street) Proposed N/A Lot 1, Hall and Roberts Business Park

2 PR (PC Minutes) May 12, 2014 PC Meeting Page 2 1. Proposed Development: The following is a request for a final site development plan for Freddy s Restaurant to be located at W. 151 st Terrace. The proposal calls for the renovation of the former Backyard Burgers site. This property was rezoned (RZ ) from C-2 to CP-2 in 2004 and the final plat (P ) was approved the same year. The plan review (PR ) for Backyard Burgers was also approved in Utilities/Municipal Services: The property is located in the City of Olathe sewer and the Water District #1 water service areas. No water or sewer extensions are required for this proposal. 3. Access/Traffic: The site currently has two existing access points onto W. 151 st Terrace. The western drive will be widened by five (5) feet in order to accommodate two-way traffic. 4. Parking/Circulation: The Unified Development Ordinance (UDO) requires 1 parking space for every 3 seats. Currently there are thirty-nine (39) existing parking spaces. The remodeled restaurant will have 94 seats, which requires a minimum of 31 parking spaces. The plan includes a parking lot reconfiguration and addition which will provide a total of 61 parking spaces, including 3 handicap accessible spaces. The parking spaces will be angled parking and traffic will be one-way. The drive-thru window is to remain in the same location on the south elevation. Freddy s is adding an additional ordering lane which is common at other fast food restaurants. Two additional light poles will be added to the parking lot which will match existing lighting in color, style and height. 5. Architecture/Design: The existing structure consists of a one-story brick building with a primary color of tan. There are tan and gray soldier course brick for accenting. Stucco crown molding and curved parapets extend above the roofline. The Freddy s proposal includes painting the existing brick a khaki shade and painting the building trim white. Red and white awnings will be added to the east, north and south elevations. The proposed color of the brick and awnings are the signature colors of Freddy s. Awning lighting shall be positioned so that the lighting shines downwards and does not cause the awning to glow.

3 PR (PC Minutes) May 12, 2014 PC Meeting Page 3 The awning on the east elevation will be supported by columns and have new outdoor seating underneath. The curved parapets that extend above the roof-line will be changed to square as part of this project. All signage requires separate sign permits. 6. Stormwater: The applicant submitted stormwater detail plans showing that the proposed water quality and detention area will adequately handle the additional impervious area. A stacked block wall is proposed on the south side of the detention basin. The type and color of block shall be submitted with the building permit and a decorative fence is required for any portion of the wall taller than thirty (30) inches. 7. Landscaping: The site currently has existing landscaping consisting of a variety of trees and shrubs throughout the property. The applicant s plans include additional landscaping at the rear of the building on the west elevation and on the east elevation where the outdoor seating is to be located. The new parking islands contain trees and shrubs as required by the UDO and additional shrubbery will be planted along the parking areas. Three trees are included to the west of the new dumpster enclosure located at the northwest corner of the parking lot for additional screening. 8. Staff Recommendation: Staff recommends approval of PR subject to the following stipulations: a. Landscaping shall be provided according to the landscape plan dated April 24, 2014 and the landscaping shall be maintained on an on-going basis. b. The type and color of block for the proposed retaining wall shall be submitted with the building permit and a decorative fence is required for any portion of the wall taller than thirty (30) inches. c. A material sample of the brick and mortar with the proposed paint color shall be submitted with the building permit. d. Lighting behind the awnings shall be positioned so that the light shoots downwards and does not cause the awning to glow. e. Signage requires separate approval of sign permits in accordance with Section of the UDO. f. 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

4 PR (PC Minutes) May 12, 2014 PC Meeting Page 4 corner side yards adjacent to street right-of-way if such cabinets are screened with landscape materials. g. 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. h. All on-site wiring and cables shall be placed underground. This item was pulled from the Consent Agenda for further discussion at the request of Commissioner Rinke. Comm. Rinke: Mr. Fernandez, the original Freddy s that was built at 119 th and Blackbob, there was some neon banding around the top of that building. I didn t see anything like that in this plan; I just wanted to confirm that. Mr. Fernandez: We did talk to the applicant, that that was prohibited. We can add a stipulation to that effect, if you like. Comm. Rinke: I don t know that we need one. I just wanted to make sure we had it in the record that that is prohibited. Comm. Ling: I noticed in the staff report that the signage package would be for separate approval. I had a question on the renderings. This is the same issue I brought up with the other Freddy s. It s on the ice cream cone that is indicated on the side, about the appropriate signage for that, and that we don t start getting a number of establishments having different types of objects on their signage. I know I ve seen Freddy s elsewhere around the country that had much bigger ice cream cones on the corner of it, and I think that probably wasn t appropriate. I just want special attention paid when that signage package comes in, about the appropriateness of the size and magnitude of the ice cream. That it is appropriately and tastefully done in this area. Mr. Fernandez: We made the applicant aware of that. It is part of the signage, part of the 10 percent that is allowed. Chairman Campbell: Anything else? Is there a motion? Motion by Commissioner Rinke, seconded by Commissioner Ling, to approve PR , subject to the following stipulations: a. Landscaping shall be provided according to the landscape plan dated April 24, 2014 and the landscaping shall be maintained on an on-going basis. b. The type and color of block for the proposed retaining wall shall be submitted with the building permit and a decorative fence is required for any portion of the wall taller than thirty (30) inches.

5 PR (PC Minutes) May 12, 2014 PC Meeting Page 5 c. A material sample of the brick and mortar with the proposed paint color shall be submitted with the building permit. d. Lighting behind the awnings shall be positioned so that the light shoots downwards and does not cause the awning to glow. e. Signage requires separate approval of sign permits in accordance with Section of the UDO. f. 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 such cabinets are screened with landscape materials. g. 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. h. All on-site wiring and cables shall be placed underground. Motion passes unanimously.

6 MINUTES CITY OF OLATHE CITY PLANNING DIVISION Case # P Planner: Dave Clements Planning Commission: May12, 2014 Request: Location: Approval of a final plat for twenty-five (25) lots for Foxfield Village, Seventh Plat, on 15.65± acres. 115 th Street and Iowa Street Owner/Applicant: Engineer: Wil Siemens/New Bedford Land Development Co., L.C. Harold Phelps/Phelps Engineering, Inc. Acres: 15.65± Proposed Use: Single-Family Number of Lots/Tracts: 25/4 Current Zoning: RP-1 Streets and Right of way: 115 th Terrace 116 th Street Iowa St. 1. Comments: Required 50 (total) 50 (total) existing Proposed 50 (total 50 (total) This is a request for approval of a final plat of twenty-five (25) lots for Foxfield Village, Seventh Plat, on 15.65± acres, located at 115 th Street and Iowa Street. This Seventh Plat is the result of a recently approved zoning amendment to the Foxfield Village Planned District (RZ ). The subject property is a vacant triangle shaped parcel in the northeast corner of the development, east of Iowa Street at approximately 115th Terrace. At the time of initial approval of Foxfield Village in 1999, the developer was hoping to develop this tract with a school, church or park. The applicant filed the amendment application in 2013 in order to seek approval of a single family subdivision on the property. The Seventh Plat provides for 25 single family lots ranging in size from 9,900 square feet to over 47,000 square feet. The plat is in compliance with the preliminary plat approved with the zoning amendment. The larger lots are on the east side of the proposed plat, abutting the large lots in the Mill Creek Grande Subdivision. The proposed lot sizes meet all requirements

7 P (PC Minutes) May 12, 2014 PC Meeting Page 2 of the RP-1 zoning classification, and are compatible with existing lot sizes in Foxfield Village. A lot area table can be found on the plat detailing all lot sizes, and demonstrates appropriate compliance. 2. Conformance with Official Plans and Policies: The proposed plat, as stipulated, complies with the City s Unified Development Ordinance (UDO). 3. Utilities: This property is located in the City of Olathe sewer service area, and Water District #. Services from these utilities are available to serve the site. A Main 14 Sewer buy-in fee is required with this subdivision. 4. Access: Two new cul-de-sacs will be constructed with the subdivision. 115 th Terrace and 116 th Street will provide access east from existing Iowa Street. 5. Open Space: Four tracts on the plat will be dedicated as common area/open space tracts and will be maintained by the home owners association. These tracts provide areas for stormwater management and master landscaping. 6. Excise Fees: In accordance with Ordinance No , a portion of this development is subject to a street excise tax of $0.215 per square foot of land area. The street excise fee shall be submitted to Planning Services Division prior to recording the final plat. The approximate amount due is $98, In accordance with Ordinance No , a portion of the final plat is subject to a traffic signal excise tax of $.0037 per square foot for single-family zoning. The signal excise fee shall be submitted to Planning Services prior to recording the final plat. The approximate amount due is $ Staff Recommendation: Staff recommends approval of P subject to the following stipulations: a. Prior to and upon recording of the plat, a digital file of the final plat shall be submitted to the Development Services Department. The submission of the digital plat file shall conform to the formatting standards, layering system, and text styles of the City of Olathe Planning Division Digital File Submittal Standards. b. Prior to issuance of a building permit, a performance and maintenance bond or letter of credit in an amount to be determined by the City Engineer, shall be submitted in accordance with UDO D. to ensure that all erosion control measures and water quality features are

8 P (PC Minutes) May 12, 2014 PC Meeting Page 3 installed and maintained and that all of the development s streets and sidewalks remain free of debris during all phases of construction. c. The street tree and master landscaping plan shall be submitted prior to recording of the final plat. d. Improvements such as street trees, trails, landscaping and other subdivision improvements shall be completed according to UDO E & F. e. Line extension, service connections and/or upgrades are subject to review and approval by the Public Works Department and Utilities Technical Support Division. f. Prior to the issuance of a certificate of occupancy, temporary or permanent street signs shall be installed on the streets listed on the building permits. g. All aboveground 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 screened with landscape materials. h. In accordance with Ordinance No , a portion of the final plat is subject to a traffic signal excise tax of $.0037 per square foot for singlefamily zoning. The signal excise fee shall be submitted to Planning Services prior to recording the final plat. The approximate amount due is $ i. The plat is subject to a Main 14 buy in fee of $ an acre for the Main 14 sewer district with a total fee of $26, The fee shall be submitted prior to recording the final plat. This item was pulled from the Consent Agenda for further discussion at the request of Commissioner Rinke. Comm. Rinke: Mr. Clements, when we discussed this item back in January, there was some discussion of having access, having a trail or sidewalk connecting this with the subdivision to the east. In looking at the final plat map, it looks like there is a bit of a tracked [inaudible], that appears, like, maybe that s what that was intended for? Mr. Clements: That s correct. That s the sidewalk connection. Comm. Rinke: Okay. Now, my question is, should we have a stipulation that they would actually install that sidewalk or trail. Mr. Clements: It s part of the plat, so I think it has the same impact as a stipulation. There is a note on the plat what that tract is for. If you want to add a stipulation, we can do that, too.

9 P (PC Minutes) May 12, 2014 PC Meeting Page 4 Comm. Rinke: Okay. Well, when I read that, it talked about kind of generically all these different tracts could be used for different things, and it wasn t specific on that one. Mr. Clements: We can call it out. Comm. Rinke: Yeah, I guess I d like to add a stipulation on that. Chairman Campbell: Are there any other questions on this item? Go ahead. Motion by Commissioner Rinke, seconded by Commissioner Ling, to approve P , subject to the following stipulations, as amended: a. Prior to and upon recording of the plat, a digital file of the final plat shall be submitted to the Development Services Department. The submission of the digital plat file shall conform to the formatting standards, layering system, and text styles of the City of Olathe Planning Division Digital File Submittal Standards. b. Prior to issuance of a building permit, a performance and maintenance bond or letter of credit in an amount to be determined by the City Engineer, shall be submitted in accordance with UDO D. to ensure that all erosion control measures and water quality features are installed and maintained and that all of the development s streets and sidewalks remain free of debris during all phases of construction. c. The street tree and master landscaping plan shall be submitted prior to recording of the final plat. d. Improvements such as street trees, trails, landscaping and other subdivision improvements shall be completed according to UDO E & F. e. Line extension, service connections and/or upgrades are subject to review and approval by the Public Works Department and Utilities Technical Support Division. f. Prior to the issuance of a certificate of occupancy, temporary or permanent street signs shall be installed on the streets listed on the building permits. g. All aboveground 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 screened with landscape materials. h. In accordance with Ordinance No , a portion of the final plat is subject to a traffic signal excise tax of $.0037 per square foot for singlefamily zoning. The signal excise fee shall be submitted to Planning Services prior to recording the final plat. The approximate amount due is $

10 P (PC Minutes) May 12, 2014 PC Meeting Page 5 i. The plat is subject to a Main 14 buy in fee of $ an acre for the Main 14 sewer district with a total fee of $26, The fee shall be submitted prior to recording the final plat. j. A sidewalk shall be constructed on Tract R to provide a pedestrian connection to the existing street stub for 115 th Terrace. Chairman Campbell: Is there any other discussion? Everyone understand the addition? Motion passes unanimously.

11 MINUTES CITY OF OLATHE CITY PLANNING DIVISION CASE # P Planner: Amy Kynard Planning Commission: May 12, 2014 Request: Location: Owner: Applicant: Engineer: Approval of a final plat for 38 lots and 2 tracts on 22.62± acres, for Woodland Manor Second Plat. The west side of Woodland Road, ½ mile north of College Boulevard Riverstone Realty, Inc. / Greg Prieb Riverstone Realty, Inc. / Greg Prieb Phelps Engineering, Inc. / Harold A. Phelps Acres: 22.62± Proposed Use: Single-Family Residential Current Zoning: RP-1 Lots: Tracts: 38 2 Streets and Right of way: Woodland Road Local Streets Existing 60 (Half) 50 (total) Required 60 (Half) 50 (total) Proposed 60 (Half) 50 (total) I. COMMENTS The following is a request for a final plat for Woodland Manor Second Plat on 22.62± acres located on the west side of Woodland Road, ½ mile north of College Boulevard. A rezoning application and associated preliminary development plan for this property were approved by the City Council on August 18, 2009 (RZ ), and with the exception of some minor lot line adjustments, the final plat is generally consistent with the preliminary plan. A neighborhood meeting was not required, but the applicant agreed to send courtesy notice to adjacent property owners and homes associations. II. FINAL PLAT REVIEW A. Lots/Tracts: The plat includes 38 lots and two tracts on 22.62± acres. All the lots meet the minimum area and setback requirements for R-1 districts. The property is within the Woodland Corridor Plan area, and therefore the lots on the north side of 107 th and Belford Streets (Lots 81-96) are subject to the transitional lot policy. Lots are a bit smaller than the 15,000 square foot minimum for transitional lots, but this was allowed as part of an agreement with the subdivision to the north (Mill Creek Farms) during the preliminary development plan approval (discussed further in

12 P (PC Minutes) May 12, 2014 PC Meeting Page 2 Section E, Landscaping/Street Trees). The lots that extend into the edge of the Kansas City Power & Light transmission line easement (Lots 93-96) all meet the minimum size of 15,000 square feet, and this wide easement and proposed berms and extensive landscaping will provide a significant buffer to further assist with the transition between these two subdivisions. Tracts G and H will be used for landscaping, monuments, trails, and private open space. With the exception of a proposed public trail in Tract G (as discussed below in Section C, Streets/Trails) these tracts will be owned and maintained by the Woodland Manor Homes Association. No structures, including accessory structures, are allowed within the transmission line easement. B. Utilities/Municipal Services: The property is located in Johnson County Wastewater and Water District #1 service areas, and utility easements are provided on the plat. C. Streets/Trails: The property takes access from Woodland Road, and provides connections to existing stubs for Harwick and Belford Streets in Woodland Manor First Plat. Belford Street and 107 th Terrace will stub into the unplatted land to the west to serve future phases of Woodland Manor. A 25' wide parks and recreation easement shall be provided along the length of Tract "G" for a future 10' wide multi-purpose trail that will be installed by the City of Olathe. The easement will be defined at the time the trail is to be designed and constructed by the City of Olathe. All maintenance of the trail and easement shall be the responsibility of the City. The rest of Tract "G" shall be maintained by the Woodland Manor Homes Association. Additionally, a 20' wide parks and recreation easement shall be provided between lots 84 & 85 for a future city trail connection into the subdivision. The exact location of the trail will be determined at the time of trail design and layout. D. Street and Signal Excise Taxes: The plat area is not located within any benefit districts, and is therefore subject to street excise tax, which is $0.215 per square foot of land area. In accordance with Ordinance No , final plats for single family zoning are subject to a traffic signal excise tax of $ per square foot of land area. Based on the plat area, acres, the required street excise fee is $211, and the required traffic signal fee is $3, The required excise fee shall be submitted to the Planning Division prior to recording the final plat. E. Landscaping/Street Trees: A street tree plan shall be submitted prior to recording the final plat. The plan shall include details for typical street tree size, type and locations per Unified Development Ordinance (UDO) requirements.

13 P (PC Minutes) May 12, 2014 PC Meeting Page 3 The berms and landscaping along the north property line were a topic of significant discussion during consideration of the preliminary development plan. The subdivision to the north (Mill Creek Farms) agreed to a reduction in the size of transitional lots provided that the berms and landscaping would be installed in accordance with the associated landscape plan. The applicant is aware of the requirements for this landscape buffer and does not propose any changes. The landscaping will be located outside of the Kansas City Power & Light transmission line easement. A Master Landscape/Screening Plan is required along Woodland Road. Berms and landscaping will be installed to be consistent with the first phase of Woodland Manor; however, the landscaping for the second phase will be set back farther from Woodland Road to prevent conflicts with existing overhead power lines and a proposed public utility easement. The tracts along Woodland Road have been widened to accommodate the increased setback. III. STAFF RECOMMENDATIONS A. Staff recommends approval of P with the following stipulations: (1) Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. (2) The final plat is subject to a street excise tax of $0.215 per square foot of land area and a traffic signal excise tax of $ per square foot. Based on the plat area, acres, the required street excise fee is $211, and the required traffic signal fee is $3, The excise fee shall be submitted to the City Planning Division prior to recording the final plat. (3) A 25' wide parks and recreation easement shall be provided along the length of Tract "G" for a future 10' wide multi-purpose trail that will be installed by the City of Olathe. The easement will be defined at the time the trail is to be designed and constructed by the City of Olathe. All maintenance of the trail and easement shall be the responsibility of the City. The rest of Tract "G" shall be maintained by the developer or homes association of the subdivision. (4) A 20' wide parks and recreation easement shall be provided between lots 84 & 85 for a future city trail connection into the subdivision. The exact location of the trail will be determined at the time of trail design and layout. (5) Prior to the recording the plat, a street tree plan and master landscape plan shall be submitted. Required street trees for each lot shall be planted prior to a certificate of occupancy, and landscaping shall be provided in Tracts G and H in accordance with the approved Landscape Plan and UDO requirements. (6) All neighborhood amenities (i.e. berms, master landscaping and sidewalks) shall be completed with the public improvements. (7) Prior to recording the plat, an affidavit shall be provided identifying the organization that will be the legal entity having permanent responsibility and authority for the installation, maintenance and repair of private greenways or common tracts as indicated on the

14 P (PC Minutes) May 12, 2014 PC Meeting Page 4 final plat, as well as for the payment of all expenses, including taxes and special assessments. The document shall be recorded with the Johnson County Records and Tax Administration office concurrently with recording the final plat. (8) Prior to issuance of a building permit, performance and maintenance bonds or a letter of credit in an amount of the cost of the improvement shall be submitted in accordance with Unified Development Ordinance (UDO) B. to ensure that public improvements, certain easements and related improvements will be installed, approved, and maintained after completion of development. (9) Prior to issuance of a building permit, a performance and maintenance bond or letter of credit in an amount to be determined by the City Engineer, shall be submitted in accordance with the UDO D. to ensure that all erosion control measures and water quality features are installed and maintained and that all of the development s streets and sidewalks remain free of debris during all phases of construction. (10) 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. Motion by Commissioner Ling, seconded by Commissioner Nelson, to approve P , subject to the following stipulations: (1) Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. (2) The final plat is subject to a street excise tax of $0.215 per square foot of land area and a traffic signal excise tax of $ per square foot. Based on the plat area, acres, the required street excise fee is $211, and the required traffic signal fee is $3, The excise fee shall be submitted to the City Planning Division prior to recording the final plat. (3) A 25' wide parks and recreation easement shall be provided along the length of Tract "G" for a future 10' wide multi-purpose trail that will be installed by the City of Olathe. The easement will be defined at the time the trail is to be designed and constructed by the City of Olathe. All maintenance of the trail and easement shall be the responsibility of the City. The rest of Tract "G" shall be maintained by the developer or homes association of the subdivision. (4) A 20' wide parks and recreation easement shall be provided between lots 84 & 85 for a future city trail connection into the subdivision. The exact location of the trail will be determined at the time of trail design and layout. (5) Prior to the recording the plat, a street tree plan and master landscape plan shall be submitted. Required street trees for each lot shall be planted prior to a certificate of occupancy, and landscaping shall be provided in Tracts G and H in accordance with the approved Landscape Plan and UDO requirements.

15 P (PC Minutes) May 12, 2014 PC Meeting Page 5 (6) All neighborhood amenities (i.e. berms, master landscaping and sidewalks) shall be completed with the public improvements. (7) Prior to recording the plat, an affidavit shall be provided identifying the organization that will be the legal entity having permanent responsibility and authority for the installation, maintenance and repair of private greenways or common tracts as indicated on the final plat, as well as for the payment of all expenses, including taxes and special assessments. The document shall be recorded with the Johnson County Records and Tax Administration office concurrently with recording the final plat. (8) Prior to issuance of a building permit, performance and maintenance bonds or a letter of credit in an amount of the cost of the improvement shall be submitted in accordance with Unified Development Ordinance (UDO) B. to ensure that public improvements, certain easements and related improvements will be installed, approved, and maintained after completion of development. (9) Prior to issuance of a building permit, a performance and maintenance bond or letter of credit in an amount to be determined by the City Engineer, shall be submitted in accordance with the UDO D. to ensure that all erosion control measures and water quality features are installed and maintained and that all of the development s streets and sidewalks remain free of debris during all phases of construction. (10) 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. Motion passes unanimously.

16 MINUTES CITY OF OLATHE CITY PLANNING DIVISION CASE # P Planner: Amy Kynard Planning Commission: May 12, 2014 Request: Location: Owner: Applicant: Engineer: Approval of a final plat for 44 lots and 7 tracts, 21.63± acres, for Brighton s Landing Fourth Plat Iowa Street, ½ mile south of College Boulevard and ½ mile east of Lone Elm Road Brighton s Landing L.L.C. / Mickey Vena Brighton s Landing L.L.C. / Mickey Vena Phelps Engineering, Inc. / Harold A. Phelps Acres: 21.63± Proposed Use: Single-Family Residential Current Zoning: RP-1 Lots: Tracts: 44 7 Streets and Right of way: Iowa Street Local Streets Existing 60 (Total) 50 (Total) Required 60 (Total) 50 (Total) Proposed 60 (Total) 50 (Total) I. COMMENTS The following is a request for a final plat for Brighton s Landing Fourth Plat on 21.63± acres located on Iowa Street, ½ mile south of College Boulevard and ½ mile east of Lone Elm Road. The rezoning application and associated preliminary development plan for this property were approved by the City Council on February 18, 2003 (RZ-22-02). A final development plan for the subdivision was approved on January 12, 2004 (PR ). A final plat for this fourth phase of the subdivision was approved in 2008 (P ), but was never recorded and has since expired. The final plat includes two additional lots in comparison to the preliminary development plan. These lots were able to be added as a result of lot line adjustments and the elimination of a street stub to the College Meadows subdivision to the east (the plat for College Meadows was approved without a corresponding street stub to Brighton s Landing). A neighborhood meeting was not required, but the applicant agreed to send courtesy notice to adjacent property owners and homes associations, and has met with some of these property owners to review the proposed plat.

17 P (PC Minutes) May 12, 2014 (PC Meeting) Page 2 II. FINAL PLAT REVIEW A. Lots/Tracts: The plat includes 44 lots and six tracts on 21.63± acres. All of the lots meet the minimum area and setback requirements for R-1 districts, and the lots on the east side of Redbud Lane all meet the minimum transitional lot policy area of 15,000 square feet within the Woodland Corridor Plan. Additionally, Tract O provides a natural wooded buffer between Mill Creek Grande and Lots Tracts M, N, O, P, Q, R, and S will be used for landscaping, trails, sidewalks, monuments, and private open space. With the exception of future public trails that will be located in some of these tracts (see Section C, Streets/Trails) these tracts will be owned and maintained by the Woodland Manor Homes Association. B. Utilities/Municipal Services: The property is located in Johnson County Wastewater and Water District #1 service areas, and utility easements are provided on the plat. C. Streets/Trails: The plat includes the final connecting piece of Iowa Street, from which it will take access. Redbud Lane will connect Iowa Street to the existing stub for 114 th Place in Brighton s Landing Third Plat, and Longview Road and an eyebrow on Redbud Lane will provide access to the remaining lots. The final development plan includes an extensive trail system throughout the Brighton s Landing subdivision. Originally, it was anticipated that a future public trail would traverse Brighton s Landing at the east edge of the subdivision, adjacent to Mill Creek Grande (Tract O). However, the location of the future public trail has shifted to follow the gas pipeline easement along the northwest edge of this plat area, and adjacent subdivisions have been platted accordingly. Furthermore, adjacent property owners in Mill Creek Grande have requested that there be no trails neither public nor private within Tract O in order to maximize the preservation of existing mature trees within that area. Due to the shifting of the trail location, the easement or license granted to the City for construction and maintenance of future public trails now applies to more tracts than anticipated to be necessary (including Tracts M, O, P, Q, and R). As mentioned above, there are plans to locate a future public trail within the gas pipeline easement that runs through Tracts M, P, and Q; however, any trails within Tracts O and R are now anticipated to be private. The City will maintain the rights to install trails within these tracts in case plans change again in the future, but it is not anticipated that these rights will be exercised. Furthermore, the adjacent property owners in the Mill Creek Grande subdivision have requested that no trails (neither public nor private) be installed within Tract O in order to preserve as many trees as possible. Staff is agreeable to elimination of the trail within Tract O. A private trail shall be required in Tract R to provide a connection to the future public trail and the private trail system for the remainder of the Brighton s Landing subdivision. The

18 P (PC Minutes) May 12, 2014 (PC Meeting) Page 3 sidewalk and address plat shall identify details for proposed private trails. D. Street and Signal Excise Taxes: The plat area is not located within any benefit districts, and is therefore subject to street excise tax, which is $0.215 per square foot of land area. In accordance with Ordinance No , final plats for single family zoning are subject to a traffic signal excise tax of $ per square foot of land area. Based on the plat area, acres, the required street excise fee is $202, and the required traffic signal fee is $3, The required excise fee shall be submitted to the Planning Division prior to recording the final plat. E. Landscaping/Street Trees: A street tree plan shall be submitted prior to recording the final plat. The plan shall include details for typical street tree size, type and locations per Unified Development Ordinance (UDO) requirements. A 10 tree preservation easement was required along the back of the lots adjacent to Tract O in the previous expired version of this final plat. The reason this version does not include a similar easement is because Lots are 10 shallower than the corresponding lots in the expired version, and therefore the tree preservation area is now protected by its location within Tract O. III. STAFF RECOMMENDATIONS A. Staff recommends approval of P with the following stipulations: (1) Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. (2) The final plat is subject to a street excise tax of $0.215 per square foot of land area and a traffic signal excise tax of $ per square foot. Based on the plat area, acres, the required street excise fee is $202, and the required traffic signal fee is $3, The excise fee shall be submitted to the City Planning Division prior to recording the final plat. (3) A 25' wide parks and recreation easement shall be provided along the length of Tracts M, P, and Q for a future 10' wide multi-purpose trail that will be installed by the City of Olathe. The easement will be defined at the time the trail is to be designed and constructed by the City of Olathe. All maintenance of the trail and easement shall be the responsibility of the City. The rest of Tracts M, P, and Q shall be maintained by the developer or homes association of the subdivision. (4) The sidewalk and address plat shall identify details for private trails. (5) All neighborhood amenities (i.e. trails and sidewalks) shall be completed with the public improvements or respective phase of development. (6) Prior to the recording the plat, a street tree plan shall be submitted. Required street trees for each lot shall be planted prior to a certificate of occupancy and landscaping shall be provided per UDO requirements.

19 P (PC Minutes) May 12, 2014 (PC Meeting) Page 4 (7) Prior to recording the plat, standard orange barricade fencing shall be installed to protect existing trees within Tract O in accordance with tree preservation regulations described in UDO Section (8) Prior to recording the plat, an affidavit shall be provided identifying the organization that will be the legal entity having permanent responsibility and authority for the installation, maintenance and repair of private greenways or common tracts as indicated on the final plat, as well as for the payment of all expenses, including taxes and special assessments. The document shall be recorded with the Johnson County Records and Tax Administration office concurrently with recording the final plat. (9) Prior to issuance of a building permit, performance and maintenance bonds or a letter of credit in an amount of the cost of the improvement shall be submitted in accordance with Unified Development Ordinance (UDO) B. to ensure that public improvements, certain easements and related improvements will be installed, approved, and maintained after completion of development. (10) Prior to issuance of a building permit, a performance and maintenance bond or letter of credit in an amount to be determined by the City Engineer, shall be submitted in accordance with the UDO D. to ensure that all erosion control measures and water quality features are installed and maintained and that all of the development s streets and sidewalks remain free of debris during all phases of construction. (11) 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. This item was pulled from the Consent Agenda for further discussion at the request of Commissioner Rinke. Comm. Rinke: This is actually another trail issue. On page 2 of the report, the bottom of the page says: A private trail shall be required in Tract R to provide a connection... Comm. Rinke: So, I was just wanted to make sure I mean, if you look at the recommendations, item A(5) says all neighborhood amenities shall be completed. But, when I looked at the plat, it didn t appear clear to me that that trail would have to be built in Tract R. So, the question is, do we need another stipulation on that? Amy Kynard, Senior Planner, appeared before the Planning Commission and made the following comments: Ms. Kynard: If you would like to add a stipulation to that effect, I don t see any reason not to. Comm. Rinke: All right. Chairman Campbell: Any further questions? A motion?

20 P (PC Minutes) May 12, 2014 (PC Meeting) Page 5 Motion by Commissioner Rinke, seconded by Commissioner Nelson, to approve P , subject to the following stipulations, as amended: (1) Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. (2) The final plat is subject to a street excise tax of $0.215 per square foot of land area and a traffic signal excise tax of $ per square foot. Based on the plat area, acres, the required street excise fee is $202, and the required traffic signal fee is $3, The excise fee shall be submitted to the City Planning Division prior to recording the final plat. (3) A 25' wide parks and recreation easement shall be provided along the length of Tracts M, P, and Q for a future 10' wide multi-purpose trail that will be installed by the City of Olathe. The easement will be defined at the time the trail is to be designed and constructed by the City of Olathe. All maintenance of the trail and easement shall be the responsibility of the City. The rest of Tracts M, P, and Q shall be maintained by the developer or homes association of the subdivision. (4) The sidewalk and address plat shall identify details for private trails. (5) All neighborhood amenities (i.e. trails and sidewalks) shall be completed with the public improvements or respective phase of development. (6) Prior to the recording the plat, a street tree plan shall be submitted. Required street trees for each lot shall be planted prior to a certificate of occupancy and landscaping shall be provided per UDO requirements. (7) Prior to recording the plat, standard orange barricade fencing shall be installed to protect existing trees within Tract O in accordance with tree preservation regulations described in UDO Section (8) Prior to recording the plat, an affidavit shall be provided identifying the organization that will be the legal entity having permanent responsibility and authority for the installation, maintenance and repair of private greenways or common tracts as indicated on the final plat, as well as for the payment of all expenses, including taxes and special assessments. The document shall be recorded with the Johnson County Records and Tax Administration office concurrently with recording the final plat. (9) Prior to issuance of a building permit, performance and maintenance bonds or a letter of credit in an amount of the cost of the improvement shall be submitted in accordance with Unified Development Ordinance (UDO) B. to ensure that public improvements, certain easements and related improvements will be installed, approved, and maintained after completion of development.

21 P (PC Minutes) May 12, 2014 (PC Meeting) Page 6 (10) Prior to issuance of a building permit, a performance and maintenance bond or letter of credit in an amount to be determined by the City Engineer, shall be submitted in accordance with the UDO D. to ensure that all erosion control measures and water quality features are installed and maintained and that all of the development s streets and sidewalks remain free of debris during all phases of construction. (11) 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. (12) A private trail shall be provided in Tract R to connect to the future public trail and the private trail system for the subdivision. Motion passes unanimously.

22 MINUTES CITY OF OLATHE CITY PLANNING DIVISION STAFF REPORT CASE # P Planner: Amy Kynard Planning Commission: May 12, 2014 Request: Location: Owner: Applicant: Engineer: Approval of a final plat for 33 lots, 9.02± acres, for Persimmon Hill X Southeast corner of 127 th Street and Persimmon Drive Persimmon Partners, LLC / Tom Langhofer Persimmon Partners, LLC / Tom Langhofer Payne & Brockway, P.A. / Todd Allenbrand Acres: 9.02± Proposed Use: Single-Family Residential Current Zoning: R-1 Lots: 33 Streets and Right of way: Persimmon Drive Local Streets Existing 30 (Half) 50 (Total) Required 30 (Half) 50 (Total) Proposed 30 (Half) 50 (Total) I. COMMENTS The following is a request for a final plat for Persimmon Hill X on 9.02± acres located near the southeast corner of 127 th Street and Persimmon Drive. This would be the tenth (and most likely the final) phase of the Persimmon Hill subdivision, which was preliminary platted in The most recent phase to this point, Persimmon Hill IX, was platted in Portions of the original preliminary plat area have been developed separately from the Persimmon Hill subdivision, including Prairie Center Elementary School, Mission Trail Middle School, Prairie Farms Subdivision, and Shadow Ridge Subdivision. Additionally, a rezoning and preliminary development plan for High School No. 5 (RZ ) will occupy the majority of Persimmon Hill s remaining unplatted acreage on the north side of Santa Fe Street. A neighborhood meeting was not required, but since the subdivision has been inactive for nearly 20 years, the applicant has agreed to send a courtesy letter to adjacent property owners prior to beginning construction. II. FINAL PLAT REVIEW A. Lots/Tracts:

23 P Staff Report May 12, 2014 PC Meeting Page 2 The plat includes 33 lots on 9.02± acres. The final plat adds a few lots in comparison to the preliminary plat, but is otherwise consistent with the preliminary plat. These extra lots were added as a result of minor lot line adjustments. These adjustments do not constitute a significant change, and all of the lots meet the minimum area and setback requirements for R-1 Districts. B. Utilities/Easements: The property is located in the City of Olathe water service and sewer service areas. Utilities will be available to the site with service main extensions. Utility easements and tree preservation easements are identified on the final plat. C. Streets/Benefit District: The plat area is located within the boundaries of benefit district #33604 for 127 th Street, and the street improvements have been constructed. The plat takes access from Persimmon Drive, the main collector street serving the Persimmon Hill subdivision. Cedarcrest Drive and Sumac Street will connect Persimmon Drive to the existing stubs in Persimmon Hill VII. A cul-de-sac and an eyebrow provide access to the remaining lots via Sumac Street and Persimmon Drive, respectively. D. Street and Signal Excise Taxes: The plat area is located within the boundaries of benefit district #33604 (127th Street) and is therefore not subject to street excise tax. In accordance with Ordinance No , final plats for single-family zoning are subject to a traffic signal excise tax of $ per square foot of land area. Based on the plat area, acres, the required traffic signal fee is $1, The required excise fee shall be submitted to the Planning Division prior to recording the final plat. E. Landscaping/Street Trees: A street tree plan shall be submitted prior to recording the final plat. The plan shall include details for typical street tree size, type and locations per Unified Development Ordinance (UDO) requirements. Tree preservation easements have been identified on a portion of the north plat boundary to be consistent with the original preliminary plat. Standard orange barricade fencing shall be installed around all tree preservation areas. Any destruction of trees within preservation areas is subject to the penalties outlined by UDO G. III. STAFF RECOMMENDATIONS A. Staff recommends approval of P with the following stipulations: 1. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. 2. Final plats for single-family zoning are subject to a traffic signal excise tax of $ per square foot of land area. Based on the plat area, acres, the required traffic signal fee is $1, The