MINUTES Consent Agenda Planning Commission Meeting: January 9, MINUTES Planning Commission Meeting: January 9, 2017

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1 MINUTES Consent Agenda Planning Commission Meeting: City of Olathe City Planning Division The meeting was called to order by Chairman Dean Vakas, with the following members present: Mike Rinke, Barry Sutherland, Ryan Nelson and Ryan Freeman. Absent were Erin Davis, Chip Corcoran, Jeremy Fry and Jose Munoz. Recited Pledge of Allegiance. The Chairman made introductory comments and read the standard ex parte statement. He 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. Item number 8 was removed from the Consent Agenda for further discussion by Chairman Vakas. A motion to approve Consent Agenda items 1 through 7 was made by Commissioner Rinke and seconded by Commissioner Nelson. Motion passed unanimously. MINUTES Planning Commission Meeting: Application: P Final Plat for The Willows, First Plat Location: Owner/ Applicant: Engineer: Staff Contact: Vicinity of 147 th Terrace and Pflumm Road Brian Rodrock, Willows 143, LLC Timothy Tucker, Phelps Engineering Sean Pendley, Senior Planner Site Area: 11.03± acres Proposed Use: Single Family Residential Lots: 23 Density: 2.1 units/acre Tracts: 2 Current Zoning: R-1 Streets/Right-of-way Pflumm Road Local Streets Existing 60 (½ street) N/A Proposed 60 (½ street) 50 (total) Required 60 (½ street) 50 (total)

2 P (PC Minutes) Page 2 1. Comments: The following application is a final plat for The Willows, First Plat, containing 23 single family lots and two common tracts. A rezoning to R-1 district (RZ ) and preliminary plat for The Willows (P ) was approved in County Requirements: The subject property is located one mile north of the Johnson County Executive Airport. Johnson County has extra-territorial jurisdiction for zoning cases within one mile of the airport. The applications for the rezoning and preliminary plat for The Willows were approved by the Johnson County Airport Commission and Board of County Commissioners. The County resolution included the following stipulations: a) Final plats shall be developed in compliance with the approved preliminary plat. b) Recording of an Affidavit of Interest regarding the Johnson County Executive Airport in the chain of title for each and every building lot on the subject property. 3. Plat Review: a. Lots/Tracts The First Plat includes a total of 23 single-family lots and two tracts on the east side of Pflumm Road. The layout of the streets, lots and common tracts is consistent with the approved preliminary plat. Initial construction of the subdivision will take place on the west side of the subdivision, along Pflumm Road. Future residential phases on the east side of the subdivision will begin upon completion of improvements to 143 rd Street. The proposed lots exceed the minimum lot area of 7,200 square feet as required for R- 1 Districts. Tract A is a common tract for landscaping and neighborhood amenities. The preliminary plat showed a neighborhood pool and parking lot on this tract. Tract B is designed for stormwater management and an open space area for flight safety as requested by the Johnson County Airport Commission. A private trail will also be included in this tract. The tracts will be owned and maintained by the Homes Association. b. Public Utilities The property is located in the City of Olathe water service area and Johnson County Wastewater District. Public water main extensions will be required to serve the development. The development must provide adequate public facilities in accordance with Unified Development Ordinance (UDO) 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. c. Streets/ Right-of-Way A new street connection is proposed on Pflumm Road at 147 th Terrace. The streets include the required street right-of-way. d. Stormwater Tract B includes a detention basin and water quality features. An agreement from the HOA shall be submitted describing the maintenance responsibilities of the stormwater detention and water quality BMP facilities as required in Title 17.

3 P (PC Minutes) Page 3 e. Landscaping The final plat includes landscape buffers in the common tracts along Pflumm Road. Street trees will also be required along the local streets per UDO requirements. A street tree and master landscape plan will be required prior to recording the final plat. 4. Excise Taxes: Final plats are subject to the required street excise tax of $0.215 per square foot of land. Arterial street right-of-way is exempt from excise taxes. The plat includes 1.28± acres of right-of-way for Pflumm Road. Based on the net plat area, 9.7± acres, the required street excise fee is $91, Final plats are subject to a traffic signal excise tax of $ per square foot of land area for single family zoning. Based on the net plat area, 9.7± acres, the required traffic signal excise tax is $1, The excise fees shall be submitted to the City Planning Division prior to recording the final plat. 5. Staff Recommendation: Staff recommends approval of P with the following stipulations: a. The final plat is subject to a street excise tax of $91, The required excise fee shall be submitted to the City Planning Division 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 City Planning Division prior to recording the final plat. c. The final plat shall comply with the resolution approved by the Board of County Commissioners of Johnson County, Kansas (BOCC) for the development to be in compliance with the preliminary plat. d. Affidavits of Interest are required to be recorded for each residential lot to notify property owners of proximity to the Johnson County Executive Airport and effects of aircraft in the area. e. Fire hydrants are required within 400 feet of all residential units (travel distance) per Fire Code requirements. 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. f. Prior to recording the final plat, a street tree and master landscape plans shall be submitted in accordance with UDO requirements. g. All neighborhood amenities (i.e. trails and pools) shall be completed with the respective phase of development. Bonds or letters of credit shall be submitted for any uncompleted amenities prior to recording the next phase of development per UDO requirements. h. 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

4 P (PC Minutes) Page 4 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 Johnson County Records and Tax Administration at the time of recording the final plat. i. Prior to issuance of building permits, 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. j. 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 E. 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. k. 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 Rinke, seconded by Commissioner Nelson, to approve P , with the following stipulations: a. The final plat is subject to a street excise tax of $91, The required excise fee shall be submitted to the City Planning Division 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 City Planning Division prior to recording the final plat. c. The final plat shall comply with the resolution approved by the Board of County Commissioners of Johnson County, Kansas (BOCC) for the development to be in compliance with the preliminary plat. d. Affidavits of Interest are required to be recorded for each residential lot to notify property owners of proximity to the Johnson County Executive Airport and effects of aircraft in the area. e. Fire hydrants are required within 400 feet of all residential units (travel distance) per Fire Code requirements. 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. f. Prior to recording the final plat, a street tree and master landscape plans shall be submitted in accordance with UDO requirements. g. All neighborhood amenities (i.e. trails and pools) shall be completed with the respective phase of development. Bonds or letters of credit shall be submitted for

5 P (PC Minutes) Page 5 any uncompleted amenities prior to recording the next phase of development per UDO requirements. h. 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 Johnson County Records and Tax Administration at the time of recording the final plat. i. Prior to issuance of building permits, 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. j. 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 E. 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. k. 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.

6 City of Olathe City Planning Division MINUTES Planning Commission Meeting: Application: P Final Plat for The Willows, Second Plat Location: Owner/ Applicant: Engineer: Staff Contact: Vicinity of 147 th Street and Pflumm Road Brian Rodrock, Willows 143, LLC Timothy Tucker, Phelps Engineering Sean Pendley, Senior Planner Site Area: 20.5± acres Proposed Use: Single Family Residential Lots: 40 Density: 1.95 units/acre Tracts: 4 Current Zoning: R-1 Streets/Right-of-way Pflumm Road Local Streets Existing 60 (½ street) N/A Proposed 60 (½ street) 50 (total) Required 60 (½ street) 50 (total) 1. Comments: The following application is a final plat for The Willows, Second Plat, containing 40 single family lots and four common tracts. A rezoning to R-1 district (RZ ) and preliminary plat for The Willows (P ) was approved in County Requirements: The subject property is located one mile north of the Johnson County Executive Airport. Johnson County has extra-territorial jurisdiction for zoning cases within one mile of the airport. The applications for the rezoning and preliminary plat for The Willows were approved by the Johnson County Airport Commission and Board of County Commissioners. The County resolution included the following stipulations: a) Final plats shall be developed in compliance with the approved preliminary plat.

7 P (PC Minutes) Page 2 b) Recording of an Affidavit of Interest regarding the Johnson County Executive Airport in the chain of title for each and every building lot on the subject property. 3. Plat Review: a. Lots/Tracts The Second Plat includes a total of 40 single-family lots and four tracts on the east side of Pflumm Road. The layout of the streets, lots and common tracts is consistent with the approved preliminary plat. Initial construction of the subdivision will take place on the west side of the subdivision, along Pflumm Road. Future residential phases on the east side of the subdivision will begin upon completion of improvements to 143 rd Street. The proposed lots exceed the minimum lot area of 7,200 square feet as required for R- 1 Districts. Tracts C and D are common tract for landscaping and neighborhood amenities. Tracts E and F is designed for stormwater management and open space areas for flight safety as requested by the Johnson County Airport Commission. The tracts will be owned and maintained by the Homes Association. b. Public Utilities The property is located in the City of Olathe water service area and Johnson County Wastewater District. Public water main extensions will be required to serve the development. The development must provide adequate public facilities in accordance with Unified Development Ordinance (UDO) As part of a larger planned development, this plat is approved with the stipulation that the remainder of the development shall be completed or secondary Fire Department access roads be constructed if the remainder of the subdivision is not built. The other alternative is to provide residential sprinklers where more than 30 residential units are built on a single fire apparatus road. 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. c. Streets/ Right-of-Way A new street connection is proposed on Pflumm Road at 147 th Street. The streets include the required street right-of-way. The developer will build a northbound right turn lane on Pflumm Road for 147th Street. The school boundaries for the Blue Valley schools have changed since the preliminary plat was approved. Children in this area will now attend Liberty View Elementary School, west of Pflumm Road. Therefore, as part of the street improvement plans, a sidewalk will be required on the north side of 147th Street from Pflumm Road to Haskin Street with appropriate school crossing signs. d. Stormwater Tracts E and F include a detention basin and water quality features. An agreement from the HOA shall be submitted describing maintenance responsibilities for stormwater detention and water quality BMP facilities as required in Title 17. e. Landscaping The final plat includes landscape buffers in the common tracts along Pflumm Road. Street trees will also be required along the local streets per UDO

8 P (PC Minutes) Page 3 requirements. A street tree and master landscape plan will be required prior to recording the final plat. 4. Excise Taxes: Final plats are subject to the required street excise tax of $0.215 per square foot of land. Arterial street right-of-way is exempt from excise taxes. The plat includes 1.67± acres of right-of-way for Pflumm Road. Based on the net plat area, 18.83± acres, the required street excise fee is $176, Final plats are subject to a traffic signal excise tax of $ per square foot of land area for single family zoning. Based on the net plat area, 18.83± acres, the required traffic signal excise tax is $3, The excise fees shall be submitted to the City Planning Division prior to recording the final plat. 5. Staff Recommendation: Staff recommends approval of P with the following stipulations: a. The final plat is subject to a street excise tax of $176, The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. b. The final plat is subject to a traffic signal excise tax of $3, The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. c. The final plat shall comply with the resolution approved by the Board of County Commissioners of Johnson County, Kansas (BOCC) for the development to be in compliance with the preliminary plat. d. Affidavits of Interest are required to be recorded for each residential lot to notify property owners of proximity to the Johnson County Executive Airport and effects of aircraft in the area. e. A northbound right-turn lane shall be constructed on Pflumm Road at 147th Street. f. A sidewalk will be required on the north side of 147th Street from Pflumm Road to Haskin Street with appropriate school crossing signs. g. As part of a larger planned development, this plat is approved with the stipulation that the remainder of the development shall be completed or secondary Fire Department access roads be constructed if the remainder of the subdivision is not built. The other alternative is to provide residential sprinklers where more than 30 residential units are built on a single fire apparatus road. h. Fire hydrants are required within 400 feet of all residential units (travel distance) per Fire Code requirements. 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. i. Prior to recording the final plat, a street tree and master landscape plans shall be submitted in accordance with UDO requirements.

9 P (PC Minutes) Page 4 j. 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 Johnson County Records and Tax Administration at the time of recording the final plat. k. Prior to issuance of building permits, 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. l. 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 E. 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. m. 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 Rinke, seconded by Commissioner Nelson, to approve P , with the following stipulations: a. The final plat is subject to a street excise tax of $176, The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. b. The final plat is subject to a traffic signal excise tax of $3, The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. c. The final plat shall comply with the resolution approved by the Board of County Commissioners of Johnson County, Kansas (BOCC) for the development to be in compliance with the preliminary plat. d. Affidavits of Interest are required to be recorded for each residential lot to notify property owners of proximity to the Johnson County Executive Airport and effects of aircraft in the area. e. A northbound right-turn lane shall be constructed on Pflumm Road at 147th Street. f. A sidewalk will be required on the north side of 147th Street from Pflumm Road to Haskin Street with appropriate school crossing signs. g. As part of a larger planned development, this plat is approved with the stipulation that the remainder of the development shall be completed or secondary Fire Department access roads be constructed if the remainder of the subdivision is not built. The other alternative is to provide residential sprinklers where more than 30 residential units are built on a single fire apparatus road.

10 P (PC Minutes) Page 5 h. Fire hydrants are required within 400 feet of all residential units (travel distance) per Fire Code requirements. 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. i. Prior to recording the final plat, a street tree and master landscape plans shall be submitted in accordance with UDO requirements. j. 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 Johnson County Records and Tax Administration at the time of recording the final plat. k. Prior to issuance of building permits, 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. l. 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 E. 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. m. 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.

11 City of Olathe City Planning Division MINUTES Planning Commission Meeting: Application: Location: Owner/Applicant: Engineer: Staff Contact: P The Courts at Fairfield Village, Fourth Plat In the vicinity of 167 th Street and Mur-Len Road Fairfield Courts, LLC, Gary Jones Phelps Engineering, Inc., Tim Tucker Dan Fernandez, Planner II Acres: 0.80± acres Proposed Use: Townhomes Current Zoning: RP-3 Lots: Tracts: Comments: This is a request for approval of a final plat for The Courts at Fairfield Village, Fourth Plat, on 0.80± acres, located in the vicinity of 167 th Street and Mur-Len Road. A rezoning to RP-3 district (RZ ) and preliminary plat for The Courts at Fairfield Village was approved in A final site development plan (PR ) for the townhomes was also approved in The proposed final plat will accommodate the next phase of townhomes. As the units are developed, the properties will be replatted for separate ownership. 2. Final Plat Review: a. Lots/Tracts The final plat includes one tract. The tract will be replatted into separate lots or units as the townhomes are developed. The remainder of Tract E will be owned and maintained by the Fairfield Courts Homes Association. b. Utilities/Municipal Services The property is located in the WaterOne service area and the Johnson County Wastewater sanitary sewer area. A ten foot (10 ) utility easement is being dedicated with this plat. c. Streets The future townhomes will have access to internal private drives which will connect to the public street network.

12 P (PC Minutes) Page 2 d. Street and Signal Excise Taxes The property is included in the benefit district for 167 th Street and therefore the plat is exempt from the street excise tax. The final plat is subject to a traffic signal excise tax of $0.012 per square foot of land area for multifamily residential districts. Based on the plat area, 0.80± acres, the required traffic signal excise fee is $ The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. 3. Staff Recommendation: Staff recommends approval of P with the following stipulations: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. The final plat is subject to a traffic signal excise tax of $ The required excise fee of shall be submitted to the City Planning Division prior to recording the final plat. c. Prior to certificates of occupancy, the individual townhome units shall be replatted for separate ownership. d. Prior to recording the final plat, a street tree and master landscape plan shall be submitted in accordance with Unified Development Ordinance (UDO) G. Such trees shall be planted at the completion of each phase of development. 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. f. 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. Motion by Commissioner Rinke, seconded by Commissioner Nelson, to approve P , with the following stipulations: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. The final plat is subject to a traffic signal excise tax of $ The required excise fee of shall be submitted to the City Planning Division prior to recording the final plat. c. Prior to certificates of occupancy, the individual townhome units shall be replatted for separate ownership.

13 P (PC Minutes) Page 3 d. Prior to recording the final plat, a street tree and master landscape plan shall be submitted in accordance with Unified Development Ordinance (UDO) G. Such trees shall be planted at the completion of each phase of development. 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. f. 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. Motion passes unanimously.

14 City of Olathe City Planning Division MINUTES Planning Commission Meeting: Application: Location: Owner/Applicant: Engineer: Staff Contact: P The Courts at Fairfield Village, Fifth Plat In the vicinity of 167 th Street and Mur-Len Road Fairfield Courts, LLC, Gary Jones Phelps Engineering, Inc., Timothy Tucker Dan Fernandez, Planner II Acres: 7.48± acres Proposed Use: Townhomes Current Zoning: RP-3 Lots: Tracts: Comments: This is a request for approval of a final plat for The Courts at Fairfield Village, Fifth Plat, on 7.48± acres, located in the vicinity of 167 th Street and Mur-Len Road. A rezoning to RP-3 district (RZ ) and preliminary plat for The Courts at Fairfield Village was approved in A final site development plan (PR ) for the townhomes was also approved in The proposed final plat will accommodate the next phase of townhomes. As the units are developed, the properties will be replatted for separate ownership. 2. Final Plat Review: a. Lots/Tracts The final plat includes 2 tracts. The tracts will be replatted into separate lots or units as the townhomes are developed. The remainder of Tracts F and G will be owned and maintained by the Fairfield Courts Homes Association. b. Utilities/Municipal Services The property is located in the WaterOne service area and the Johnson County Wastewater sanitary sewer area. Utility easements are being dedicated with this plat. c. Streets The future townhomes will have access to internal private drives which will connect to the public street network.

15 P (PC Minutes) Page 2 d. Street and Signal Excise Taxes The property is included in the benefit district for 167 th Street and therefore the plat is exempt from the street excise tax. e. The final plat is subject to a traffic signal excise tax of $0.012 per square foot of land area for multifamily residential districts. Based on the plat area, 7.48± acres, the required traffic signal excise fee is $3, The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. 3. Staff Recommendation: Staff recommends approval of P with the following stipulations: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. The final plat is subject to a traffic signal excise tax of $3, The required excise fee of shall be submitted to the City Planning Division prior to recording the final plat. c. Prior to certificates of occupancy, the individual townhome units shall be replatted for separate ownership. d. Prior to recording the final plat, a street tree and master landscape plan shall be submitted in accordance with Unified Development Ordinance (UDO) G. Such trees shall be planted at the completion of each phase of development. 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. f. 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. Motion by Commissioner Rinke, seconded by Commissioner Nelson, to approve P , with the following stipulations: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. The final plat is subject to a traffic signal excise tax of $3, The required excise fee of shall be submitted to the City Planning Division prior to recording the final plat. c. Prior to certificates of occupancy, the individual townhome units shall be replatted for separate ownership.

16 P (PC Minutes) Page 3 d. Prior to recording the final plat, a street tree and master landscape plan shall be submitted in accordance with Unified Development Ordinance (UDO) G. Such trees shall be planted at the completion of each phase of development. 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. f. 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. Motion passes unanimously.

17 City of Olathe City Planning Division MINUTES Planning Commission Meeting: Application: Location: Owner/Applicant: Engineer: Staff Contact: P Townhomes at Fairfield Village, Thirty-Sixth Plat In the vicinity of 168 th Place and Kimble Street Fairfield Courts, LLC, Gary Jones Phelps Engineering, Inc., Tim Tucker John Lunn, Planning Intern Acres: 0.263± acres Proposed Use: Townhomes Current Zoning: RP-3 Lots: Tracts: Comments: This is a request for approval of a minor plat for Townhomes at Fairfield Village, Thirty-Sixth Plat (a replat of part of Tract D, The Courts at Fairfield Village, Third Plat), on 0.263± acres, located in the vicinity of 168 th Place and Kimble Street. The Courts at Fairfield Village, Third Plat (P ) was approved by the Planning Commission on June 22, No public easements or right-of-way will be dedicated with this replat and therefore the plat will not require City Council approval. 2. Final Plat Review: a. Lots/Tracts The replat includes a total of three (3) lots for one townhome building with individual but attached units. b. Utilities/Municipal Services The property is located in the WaterOne service area and the Johnson County Wastewater sanitary sewer area. c. Streets All units will have access to 168 th Place through individual private driveways. The access drive connecting to 168 th Place is W 168 th Court. Planning staff recommends the renaming of West 168 th Court on the recorded plat.

18 P (PC Minutes) Page 2 d. Street and Signal Excise Taxes The property is already platted and is therefore exempt from street and signal excise taxes. 3. Staff Recommendation: Staff recommends approval of P with the following stipulations: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. 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. 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. The common drive shall be renamed to West 168 th Court on the final plat submitted for recording. Motion by Commissioner Rinke, seconded by Commissioner Nelson, to approve P , with the following stipulations: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. 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. 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. The common drive shall be renamed to West 168 th Court on the final plat submitted for recording. Motion passes unanimously.

19 MINUTES Planning Commission Meeting: City of Olathe City Planning Division Application: PR Final site development plan for ODAC Maintenance Support Facility Location: Owner: Applicant: Engineer: Staff Contact: W. 159 th Street Olathe School District, USD #233, Travis Palangi Lisbona Architects Inc., Larry Lisbona Kaw Valley Engineering, David Wood Sean Pendley, Senior Planner Site Area: 78.94± acres Proposed Use: Garage/Warehouse Zoning: AG Plat: Lot 1, Activity Center Complex Building Area: 12,000 sq. ft. Lots: 1 Plan Olathe Land Use Category Existing Use Current Zoning Site Design Category Building Design Category Site Employment Area Athletic Complex AG n/a n/a North Employment Area Undeveloped R South Industrial Area/ Greenway Undeveloped MP East Industrial Area Warehouse M West Employment Area Office/Warehouse M Comments: The following is a request for a final site development plan for ODAC Maintenance Support Facility. The proposed development includes a new maintenance garage/ warehouse for the School District athletic complex.

20 PR (PC Minutes) Page 2 The proposed development includes a 12,000 square foot building located behind an existing maintenance building. The site will also include outdoor storage bins for salt and sand located at the rear of the site. A final plat for the Activity Center Complex was recorded in Zoning Requirements: a. Setbacks The proposed building and parking are consistent with existing development and meet the required building setbacks and parking/paving setbacks for AG districts. b. Building Height The proposed building is 24 feet in height. The maximum building height for AG districts is 35 feet from finished grade. 3. Development Requirements: a. Access/Streets There is an existing private access drive from the parking lot for the ODAC facility. The existing drive will be extended to serve the new maintenance building. A future collector road is planned from 159 th Street to 167 th Street. The road is planned for the area along the east property line of the ODAC property. The plan shows 30 feet of half-street right-of-way to be dedicated for the future street. The required right-of-way shall be dedicated by separate instrument prior to occupancy of the building. b. Public Utilities The site is located within the City of Olathe sewer area and Johnson County Water District #1. The fire hydrant is fed off the same dead-end fire protection line to the building. In the event of a fire, water supplied to the sprinkler system by the fire line will be reduced if the Fire Department arrives and draws water from the hydrant to pump into the FDC. It is recommended the fire line also come off of the 8-inch main to the east that is proposed to supply the domestic water service. This would provide a separate water supply for the building fire sprinkler system separate from that provided by the hydrant. c. Stormwater/Detention The site includes an extended dry detention area. The applicant submitted a final stormwater management study for the development. Detention and stormwater quality features have been provided as required per Title 17. A permanent stormwater quality/quantity easement will be required for the detention and stormwater quality BMP's at the time of building permit submission. d. Landscaping There are existing trees along the east and south property lines that will be preserved with the development. The maintenance building and storage bins are located to the rear of the site and will not be visible to the public. When the future collector street is constructed on the east property line, some of the existing trees will need to be removed. The City will provide new landscaping on the ODAC property as part of the future public improvement project.

21 PR (PC Minutes) Page 3 e. Building Design The proposed maintenance building consists of tan and green metal ribbed panels and green metal roofing which is consistent with the existing building. The building is located to the rear of the ODAC site and will have minimal visibility from public areas. 4. Staff Recommendation: Staff recommends approval of the site development plan (PR ) with the following stipulations: a. Thirty (30) feet of half-street right-of-way is required for future collector road on the east property line. The required right-of-way shall be dedicated by separate instrument prior to certificate of occupancy for the building. b. A permanent stormwater quality/quantity easement is required for the detention and stormwater quality BMPs prior to approval of the building permit. c. 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. d. All new on-site wiring and cables shall be placed underground. Motion by Commissioner Rinke, seconded by Commissioner Nelson, to approve PR , with the following stipulations: a. Thirty (30) feet of half-street right-of-way is required for future collector road on the east property line. The required right-of-way shall be dedicated by separate instrument prior to certificate of occupancy for the building. b. A permanent stormwater quality/quantity easement is required for the detention and stormwater quality BMPs prior to approval of the building permit. c. 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. d. All new on-site wiring and cables shall be placed underground. Motion passes unanimously.

22 MINUTES Planning Commission Meeting: City of Olathe City Planning Division Application: Location: Owner: Applicant: Engineer: Staff Contact: PR : Preliminary site development plan for a grocery store with retail pad sites on 16.13± acres (Cedar Creek Marketplace) Northeast corner of Valley Parkway and Cedar Creek Parkway Michael Christie / Cedar Creek Equities, LLC Pete Heaven / Lathrop & Gage Chad Porter / Payne & Brockway Amy Kynard, Senior Planner Site Area: ± acres Proposed Use: Grocery store with retail pad sites Zoning: C-2 Plat: Mostly unplatted; portions platted as Cedar Creek Building Area: 75,145 sf (+ future 15,000 Plaza Shops, First and sf = total of 90,145 sf) Second Plats PlanOlathe Land Use Category Existing Use Zoning Site Design Category Building Design Cat. Site Cedar Creek Mixed Use Center North N/A K-10 / Vacant South East West Cedar Creek Mixed Use Center Cedar Creek Mixed Use Center Cedar Creek Mixed Use Center Vacant / Retail C-2 3 C Vacant / Business Park Lenexa AG / CP2 N/A N/A C-2 & BP [3] [C] ROW / Vacant CTY A [3] [C] Vacant C-2 [3] [C] 1. Comments: The applicant requests approval of a preliminary site development plan for a grocery store with retail pad sites on 16.13± acres (Cedar Creek Marketplace). The property is bounded by Valley Parkway on the south, Cedar Creek Parkway on the west, and K-10 on the northeast.

23 PR (PC Minutes) Jan. 9, 2017 PC Mtg. Page 2 Lot 1 of the proposed development includes a 44,995 square foot grocery store with a future 15,000 square foot addition, which is identified as a Hen House in some of the submitted documents. The grocery store includes a pharmacy pick-up lane and a grocery pick-up lane, both of which are covered by canopies and located near the southwest corner of the building. Also on Lot 1 and attached to the grocery store is a one-story multi-tenant retail building. The submitted elevations for this building are labeled as Building 2, but this is actually Building 1 according to the site plan (Building 2 is on Lot 4 and is correctly labeled on both the plan and the elevations). The elevations show the square footage of Building 1 as 13,700 square feet, whereas the site plan identifies the square footage of this building as 12,445 square feet. Building 2 is located on Lot 4. This one-story, 6,000 square foot building would accommodate five tenants, with a covered pick-up window on the easternmost unit. Building 3 is a one-story, 5,000 square foot retail building located on Lot 2. This building includes a covered pick-up window on its north side. Lot 3 is designed to accommodate a drive-through restaurant. The drive-through window is covered, and faces southwest toward one of the three entrances to the shopping center. A bank building is located on Lot 6, near the northwest corner of the shopping center. It is designed to have four drive-through lanes, three of which are covered by a canopy. The drive-through lanes would be located on the south side of the building, facing the detention basin. Building elevations were also submitted for the existing building on Lot 5 to show how it would be updated to match the design of the rest of the shopping center. A portion of its existing parking lot would be removed as part of the grading and site design changes, but the building would keep sufficient parking to meet Unified Development Ordinance (UDO) requirements. The applicant s letter indicates that the entire shopping center would be developed as a single phase, which would begin in History and Existing Conditions: There is an existing building that was constructed in 1996 that is included in this development. It was originally constructed as a gas station, but the gas tanks and canopy have since been removed, so it is now a general retail building. The property is currently zoned C-2 (Community Center District). A rezoning to C-2, C-O and R-1 was approved in 1988 as part of the original Cedar Creek plan for commercial, office and residential development (Ord ). Two lots in this area have been platted, Cedar Creek Plaza Shops, First Plat (gas station) and Second Plat (undeveloped). A preliminary site development plan was approved in early 2012 for a similar development in this location (PR ), but that plan has expired. The proposed development is therefore subject to all current regulations and standards. In addition to the gas station, existing uses on the property include a billboard sign, a telecommunications facility, and a tornado siren. The billboard is a nonconforming use, and shall be removed at the time of development for Lot 1. The telecommunications

24 PR (PC Minutes) Jan. 9, 2017 PC Mtg. Page 3 facility will remain with the new development, and the tornado siren will be relocated at the expense of the developer to the tract that includes the telecommunications facility. 3. Zoning Requirements: The proposed development is subject to the following regulations that apply to the C-2 District for Site Design Category 3 and Building Design Category C: a. Dimensional Standards Requirement Proposed Notes Height (max.) 5 stories / 60' 1 story / 38.5 Meets requirements Front yard (min.) 10 feet 18 feet Valley Parkway Side yard (min.) 5 feet approx. 46 Cedar Creek Parkway Rear yard (min.) 10 feet approx. 41 K-10 Parking/paving setback from 15 except 15 feet from street right-of-way (min.) behind bldgs. ROW Meets requirements Open space (min.) 25% net site 40% net site area area Per applicant s calculation 4. Composite Design Standards: The building and site design categories are determined by the site s designation on the Future Land Use Map. This property is located within a Cedar Creek Mixed Use Center, so it is subject to Site Design Category 3 and Building Design Category C. a. Site Design Standards: Composite Site Design (Category 3) Outdoor Amenity Space Parking Pod Size Pedestrian Connectivity Connections to Driveways on Adjacent Properties Open Drainage and Detention Areas Designed as Amenities Proposed Design 10% required; see detailed analysis Max. 40 spaces; additional islands stipulated Sidewalks provided; additional connections recommended with final development plan Access is restricted from the north and east; all access is provided by Valley Pkwy. The multiple lots are served by shared drives with cross-access. Curvilinear stormwater retention pond with a spray fountain 1. Outdoor Amenity Space The shopping center is required to include outdoor amenity space to enhance the public realm and promote pedestrian activity. Outdoor amenity space must cover at least 10% of the site area (70,263 square feet), and may include several different types of amenities. Area calculations

25 PR (PC Minutes) Jan. 9, 2017 PC Mtg. Page 4 were not provided, but documents provided by the applicant indicate that the pedestrian area in front of the grocery store is intended to serve as an Entry Plaza / Courtyard, the area to the east of Building 1 is intended to serve as a Common Green, and the stormwater retention pond with fountain is intended to serve as a Water Feature. These areas appear to qualify as outdoor amenity space, but area calculations were not provided, so staff was unable to confirm whether or not their combined area meets the minimum requirement of 70,263 square feet. The applicant shall provide calculations for these areas with the final development plans, and provide additional outdoor amenity space if necessary in order to meet the minimum area required. b. Building Design Standards: The following is an analysis of the composite building design requirements for the proposed buildings. The development is subject to Building Design Category C standards (UDO ), as well as the Cedar Creek Overlay District design guidelines. All sides of the proposed buildings meet the definition for primary façade because they face or are visible from a public street, private drive, or parking area. Composite Building Design (Category C) Horizontal Articulation (one option per 50 required on primary facades) Vertical Articulation (one option per 50 required on primary facades) Focal Point Elements (required on all buildings) Additional Primary Façade Expression (one option required) Transparent Glass on Primary Façades (min. 30% - part may be spandrel) Ground Floor Pedestrian Interest (min. 60% of ground floor on primary façade) Building Materials on Primary Facades (min. 80% Category 1; remainder from Category 2) Proposed Design Some facades of some buildings meet; some do not. Stipulation recommended. Some facades of some buildings meet; some do not. Stipulation recommended. Towers, raised parapets, pitched roof elements Ornamental cornice provided Some facades of some buildings meet; some do not. Stipulation recommended. Calculations not provided. Stipulation recommended. Most (but not all) facades meet this requirement. Stipulation recommended. 1. Mechanical Equipment Rooftop and other mechanical equipment is not indicated on the plans but will be required to be screened in accordance with Unified Development Ordinance requirements.