MINUTES Opening Remarks Planning Commission Meeting: August 14, 2017

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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 Ryan Nelson, Jeremy Fry, Barry Sutherland and Chip Corcoran were present. Commissioner Ryan Freeman arrived after roll call and before the vote to approve the Consent Agenda. Planning Commissioners Mike Rinke and Jose Munoz, Jr. were absent. Recited Pledge of Allegiance. The Chairman made introductory comments. Regarding ex parte communication, the Chairman 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.

2 MINUTES City of Olathe Planning Division Application: P Crestwood Village, First Plat Owner/ Applicant: Engineer: Vicinity of W.129 th Terrace and Black Bob Road Clay C. Blair, III, Clay C. Blair, III Mark A. Breuer, P.E., Schlagel & Associates Kim Hollingsworth, Senior Planner Acres: ± acres Proposed Use: Residence, Two-Family Current Zoning: R-2 Lots: 32 Density: 2.8 units/acre Tracts: 4 A motion to approve P on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Sutherland, and passed with a vote of 6-0, with the following staff stipulations: a. The 50-foot access easement within Tract D shall be revised to describe a common tract dedicated to the City of Olathe as Tract E. The tract area will contain an access easement from the City of Olathe to the Olathe School District. These items shall be completed prior to the City Council meeting. b. The required traffic signal tax of $0.012 per square foot of land area shall be submitted to the Planning Division prior to recording the final plat. c. Prior to recording the final plat, a master landscaping/screening and street tree plan shall be submitted in accordance with UDO requirements. d. Prior to recording the plat, affidavits shall be provided identifying the organization that will be the legal entity having permanent responsibility and authority for the installation, maintenance and repair of the landscape or screening tracts, private greenways, parks or common open space areas as indicated on the final plat, as well as the payment of all expenses, including taxes and special assessments. These documents shall be recorded with the

3 P (PC Minutes) August 14, 2017 Page 2 Johnson County Register of Deeds concurrently with the recording of the final plat. e. 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 UDO C. to ensure that public improvements, certain easements and related improvements will be installed, approved, and maintained after completion of development. f. Prior to issuance of a building permit, a performance and maintenance bond or letter of credit shall be submitted in accordance with the UDO E. to ensure that all erosion control measures and water quality features are installed and maintained and that all the development s streets and sidewalks remain free of debris during all phases of construction. g. During construction, standard orange barricade fencing or comparable material shall be installed around all tree preservation areas. Any destruction of trees within preservation areas are subject to the penalties outlined in UDO

4 MINUTES City of Olathe Planning Division Application: PR Revised Final Site Development Plan for Newman s Auto Body & Repair Expansion Owner/Applicant: Architect: 611 South Fir Street Newman s Auto Body & Repair, Zach Newman Jarboe Architecture, LLC., Edwin Jarboe Shelby Ferguson, Planner I Site Area: 0.52± acres Proposed Use: Auto Body Repair Expansion Zoning: C-3 Plat: Platted Building Area: 4,400 sq. ft. (existing bldg.) 5,600 sq. ft. (total area.) Lots: 1 Plan Olathe Land Use Existing Use Current Zoning Site Design Cat. Building Design Cat. Site Mixed Density Residential Commercial Retail C-3 4 D North South East West Mixed Density Residential Mixed Density Residential Mixed Density Residential Mixed Density Residential Commercial C Residential, Two-Family Street, Highway Residential, Multifamily R C M A motion to approve PR on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Sutherland, and passed with a vote of 6-0, with the following staff stipulations:

5 PR (PC Minutes) August 14, 2017 Page 2 a. 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. b. All on-site wiring and cables shall be placed underground.

6 MINUTES City of Olathe City Planning Division Application: PR Revised preliminary site development plan for a dental office Owner: Architect/Applicant: Architect: SWC of 129 th Street and Mur-Len Road Mur-Len Property Owners Association, Inc. Guy Gronberg Architects, Guy Gronberg Schlagel & Associates, Jeffrey T. Skidmore Dan Fernandez, Planner II Site Area: 1.01± acres Proposed Use: Dental office Zoning: C-2 (Commercial District) Plat: Lot 2, Moore Business Park, 1 st Building Area: 5,200 sq. ft. Plat Plan Olathe Land Use Existing Use Current Zoning Site Design Building Design Site North South East West Mixed Density Residential Community Commercial Center Mixed Density Residential Mixed Density Residential Mixed Density Residential Vacant C-2 4 D Office C Apartments RP Apartments R Office C-2 - -

7 PR (PC Minutes) August 14, 2017 Page 2 A motion to approve PR on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Sutherland, and passed with a vote of 6-0, with the following staff stipulations: a. A final site development plan application shall be submitted and approved prior to submitting for building permit. b. The gutters and downspouts shall be designed to comply with Section E of the UDO with the final site development plan application. c. The access easement shall be dedicated by separate instrument and a copy submitted to staff prior to final development plan approval. d. 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. e. All on-site wiring and cables shall be placed underground.

8 MINUTES City of Olathe City Planning Division Application: Owner Applicant: Engineer: PR : Final site development plan for the Olathe Soccer Complex and revised preliminary site development plan for Ridgeview Marketplace NWC of 106 th Street and Ridgeview Road Christie Brothers, L.L.C., Mike Christie Lathrop and Gage, Pete Heaven Payne & Brockway, Chad Porter Dan Fernandez, Planner II Site Area: 48.9± acres (Commercial development) Proposed Use: Retail/Soccer Complex Zoning: C-2 Plat: Yes Building Area: 88,200 (commercial and hotels) Plan Olathe Land Use Existing Use Current Zoning Site Design Building Design Site Mixed Density Residential /Community Commercial Vacant C-O/C-2 4 D North N/A (K-10/Lenexa) K-10 Highway N/A N/A N/A South Employment Agricultural AG N/A N/A East Employment Hotel/ Office BP N/A N/A West Primary Greenway Greenway /Railroad CTY RUR N/A N/A

9 PR (PC Minutes) August 14, 2017 Page 2 A motion to approve PR on the Consent Agenda was made by Commissioner Nelson and seconded by Commissioner Sutherland, and passed with a vote of 6-0, with the following staff stipulations: a. All buildings within the commercial portion of the development shall meet Building Design D requirements. b. The development shall meet Site Design 4 requirements. c. Stamped concrete crosswalks will be required at all pedestrian crossings and shall be shown on the final development plan. d. The applicant shall be responsible for obtaining any additional right-of-way for the required lanes and bike trail at the 106 th Street and Ridgeview intersection. e. All public improvements are required to be constructed with the first phase of the development. f. An ornamental fence with brick columns shall be used on the east side of the soccer complex and along 106 th Street. This shall be shown on the site plans submitted with the building permit. g. The chain-link fence surrounding the soccer complex shall be vinyl coated. h. Any roof-top units and mechanical equipment shall be screened from public view as required by the UDO. i. 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. j. All on-site wiring and cables shall be placed underground.

10 MINUTES City of Olathe City Planning Division Application: Owner: Applicant: SU : Renewal of a special use permit for motor vehicle sales (Kidd s Automotive and Towing) 750 North Rogers Road Fishman Commercial/Lynn Holcomb Porto Law Firm, Nicholas Porto Dan Fernandez, Planner II Site Area: 1.44± acres Proposed Use: Motor Vehicle Sales Land Use Zoning Comprehensive Plan Designation Site North Automotive Repair/Sales Motorcycle Dealership C-3 Industrial C-3 Industrial East Office/Warehouse M-1 Industrial South Motor Vehicle Rentals C-3 Industrial West I-35 N/A N/A Dan Fernandez, Planner II, made a presentation before the Planning Commission, summarizing the request. He reported that the initial permit for motor vehicle sales at this location was approved in September 2013 for Kidd s Automotive Sales and Service, which provides motor vehicle services, as well as operating a tow service from this location. The applicant has a license to sell motor vehicles, and a special use permit is being requested because vehicles towed to the site are often abandoned, and after a certain amount of time, the applicant has the authority to sell those vehicles. Mr. Fernandez reported that staff performed a site visit and noticed that some improvements were needed. Those included a dead tree at the northwest corner of the site; a lack of parking/paving; screening of the parking area along Rogers Road; and parking spaces that needed to be restriped. All of these items have been added as stipulations, which the applicant has agreed to.

11 SU (PC Minutes) August 14, 2017 Page 2 A. Staff recommends approval of SU for the following reasons: (1) The proposal conforms to the Goals, Objectives and Policies of the Comprehensive Plan. (2) The proposal complies with the Unified Development Ordinance (UDO) criteria for considering special use permit requests. B. Staff recommends approval of SU subject to the following stipulations: (1) The Special Use Permit is valid for a period of five (5) years following Governing Body approval, with an expiration date of September 5, (2) The applicant shall replace the dead tree located at the northwest corner of the site. Eight shrubs shall be planted along the parking/paving area along Rogers Road. The tree shall be removed and replaced and the new shrubs planted prior to the September 5, 2017 City Council meeting. (3) The parking stalls shall be restriped prior to the September 5, 2017 City Council meeting. (4) Vehicles shall be displayed in striped parking spaces in the areas designated for such use on the site plan. Vehicles shall not be stored in the customer parking spaces, drive aisles or landscape/open space areas. There were no questions from commissioners. Chair Vakas declared the public hearing open and asked the applicant to come to the podium. Nick Porto, Applicant, 1600 Baltimore Avenue, Suite 200, Kansas City, MO, came to the podium. He stated that this application is a simple, straightforward request. As staff reported, there is a Kansas statute that allows Kansas towing companies to sell vehicles that have been left unclaimed for a certain amount of days. The applicant does sell vehicles pursuant to that statute and is seeking a special use permit for that purpose, allowing them to continue to do so. Chair Vakas verified with staff that this is the first renewal and the request is for five years. There were no questions of the applicant. Chair Vakas asked if anyone present wished to speak on this item. Seeing none, he called for a motion to close the public hearing. Motion by Commissioner Sutherland, seconded by Commissioner Nelson, to close the public hearing. Motion was approved 6-0. There was no further discussion by commissioners, and Chair Vakas called for a motion on this item. Motion by Commissioner Fry, seconded by Commissioner Corcoran, to recommend approval of SU , for the following reasons: (1) The proposal conforms to the Goals, Objectives and Policies of the Comprehensive Plan. (2) The proposal complies with the Unified Development Ordinance (UDO) criteria for considering special use permit requests. Commissioner Fry s motion included recommending approval with the following stipulations: (1) The Special Use Permit is valid for a period of five (5) years following Governing Body approval, with an expiration date of September 5, 2022.

12 SU (PC Minutes) August 14, 2017 Page 3 (2) The applicant shall replace the dead tree located at the northwest corner of the site. Eight shrubs shall be planted along the parking/paving area along Rogers Road. The tree shall be removed and replaced and the new shrubs planted prior to the September 5, 2017 City Council meeting. (3) The parking stalls shall be restriped prior to the September 5, 2017 City Council meeting. (4) Vehicles shall be displayed in striped parking spaces in the areas designated for such use on the site plan. Vehicles shall not be stored in the customer parking spaces, drive aisles or landscape/open space areas. Aye: Sutherland, Freeman, Nelson, Fry, Corcoran, Vakas (6) No: (0) Motion was approved 6-0.

13 MINUTES City of Olathe Planning Division Application: RZ : Rezoning from R-1 to PD (Planned District), and a preliminary development plan for multi-family (Archer Subdivision) and commercial Owner: Applicant: Engineer: Located in the vicinity of Parker Street and Cedar Street Timothy Allen, Allen Contracting John Petersen, Polsinelli Judd Claussen, Phelps Engineering Shelby Ferguson, Planner I Site Area: ± acres (total) 9.48± acres (residential) 3.27± acres (commercial) Proposed Use: Lots: 4 Plat: Unplatted Density 21.9 units/acre Tracts: 0 Residential, Multi-family/ Commercial Plan Olathe Land Use Existing Use Current Zoning Site Design Building Design Site North South East Mixed Density Residential Regional Commercial Center Mixed Density Residential Commercial Center Vacant/Undeveloped R-1 3 B Multi-Family (Park Seven) and Commercial Single Family (Rolling Ridge) Residential, Multi Family/Commercial RP-3/CP R-1/R-3/CP Commercial retail C-1/CP West Mixed Density Residential Neigh. Duplexes (Concord Square) R-1/R-3 - -

14 RZ (PC Minutes) August 14, 2017 Page 2 Amy Nassif, Chief Planning and Development Officer, stated that staff has been working with the applicant regarding outstanding items required to meet UDO requirements. The applicant contacted the Planning Division this afternoon and requested a continuance of this item, to allow further conversation. Staff is supportive of the request for a continuance. Comm. Nelson stated that he has had conversations with the developer of this project, although such conversations were unrelated to the requested continuance. Motion by Commissioner Fry, seconded by Commissioner Sutherland, to continue RZ , to the August 28, 2017, Planning Commission meeting. Motion passed 6-0.

15 City of Olathe City Planning Division MINUTES Application: Owner: Applicant: Engineer: RZ : Rezoning from R-1 and R-2 district to C-2 (Commercial) district, 6.52± acres, and preliminary development plan for West Crossing shopping center Vicinity of K-7 Highway and Spruce Road City of Olathe Falco, LLC, Matt Gibbs Kaw Valley Engineering, Leon Osbourn Sean Pendley, Senior Planner Sean Pendley, Senior Planner, stated that this is the first request for a continuance. The continuance is requested because a new public notice needs to be sent out. Motion by Commissioner Sutherland, seconded by Commissioner Freeman, to continue RZ , to the August 28, 2017, Planning Commission meeting. Motion passed 6-0.

16 City of Olathe City Planning Division MINUTES Application: Owner: Applicant: RZ : Request approval of a rezoning from AG to M-3 for APAC Quarry and C.D. Landfill West 159 th Street APAC-Kansas, Inc. APAC Kansas City / L. Diane Tucker David Knopick, Planning Consultant Motion by Commissioner Nelson, seconded by Commissioner Fry, to continue RZ , to the September 25, 2017, Planning Commission meeting. Motion passed 6-0.

17 City of Olathe City Planning Division MINUTES Application: Owner: Applicant: SU : Renewal of a special use permit for an existing quarry operation for APAC West 159 th Street APAC-Kansas, Inc. APAC Kansas City / L. Diane Tucker David Knopick, Planning Consultant Motion by Commissioner Nelson, seconded by Commissioner Fry, to continue SU , to the September 25, 2017, Planning Commission meeting. Motion passed 6-0.

18 City of Olathe City Planning Division MINUTES Application: Owner: Applicant: SU : Renewal of a special use permit for an existing construction and demolition landfill for APAC West 159 th Street APAC-Kansas, Inc. APAC Kansas City / L. Diane Tucker David Knopick, Planning Consultant Motion by Commissioner Nelson, seconded by Commissioner Fry, to continue SU , to the September 25, 2017, Planning Commission meeting. Motion passed 6-0.

19 City of Olathe City Planning Division MINUTES Other Matters Chairman Vakas announced that the next Planning Commission meeting is scheduled for August 28, 2017, at 7:00 p.m. Amy Nassif, Chief Planning and Development Officer, introduce Zach Moore, who has been hired as a new Planner II with the Planning office. There were no other announcements; the meeting was adjourned.