MINUTES Dan Fernandez, Planner II, made the following staff presentation: Planning Commission Meeting: August 24, 2015

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1 MINUTES Dan Fernandez, Planner II, made the following staff presentation: Planning Commission Meeting: City of Olathe City Planning Division Application: Location: Owner: Applicant: Staff Contact: SU Special use permit renewal for Olathe Solid Waste Transfer Station 1681 South Valley Road City of Olathe Kent Seyfried, City of Olathe, Public Works Department Dan Fernandez Site Area: 10.0± acres Proposed Use: Transfer Station Current Zoning: M-3 Land Use Zoning Comprehensive Plan Designation Site Industrial M-3 Industrial North Industrial MP-3 Industrial East Industrial M-3 Industrial South Industrial M-3 Industrial West Industrial M-3 Industrial 1. Comments: This is a request for renewal of a special use permit for the operation of a solid waste transfer station. The subject site is located at 1681 South Valley Road (one-quarter mile north of 151st Street and one-quarter mile west of Lone Elm Road, within the Lone Elm Industrial Park). The original special use permit (SU-14-94) for the transfer station was approved in Three renewals have been approved with five (5) year time limits in 2000, 2005 and Olathe Municipal Services is requesting another five (5) year renewal for the special use permit. Kent Seyfried, Solid Waste Manager, Olathe Municipal Services Department, has

2 SU PC Minutes cont. Page 2 submitted a letter explaining the transfer station operations and service agreement (see attached). The requested special use permit renewal does not involve any additional changes to the original site development plan or existing daily operations. The City will be changing solid waste disposal providers. Hamm Quarries, Inc. provided solid waste disposal under the previous special use permits. Deffenbaugh Industries will be the new disposal provider beginning in October The transfer station operates under a Solid Waste Transfer Station Permit issued by the Kansas Department of Health and Environment (KDHE) and the facility complies with all rules and regulations established by the State of Kansas. The facility has also been maintained according to all stipulations from the original special use permit and subsequent renewals. The applicant has notified the surrounding property owners via certified mail and posted a sign on the property per Unified Development Ordinance (UDO) requirements. Staff has not received any correspondence for or against the proposal. 2. Details of Operation: The existing site is operated by the City of Olathe as a solid waste transfer station with an on-site scale house facility. The operation occurs within an enclosed building with each vehicle weighed at the scale house prior to entering the transfer facility building. With the new service agreement beginning in October 2015, solid waste will be delivered to the Deffenbaugh Industries Landfill in Shawnee, Kansas. The facility operates from 7:00 a.m. 4:00 p.m., Monday through Friday, and 7:00 a.m. to noon on Saturday. The facility implements a daily standard operating procedure to keep the surrounding roads clean. 3. Zoning, Uses and Character of Surrounding Area: The subject property is currently developed as a solid waste transfer station and is zoned M-3 (General Industrial District). Surrounding development consists of additional heavy industrial uses to the north (concrete plant) and west (quarry/demolition landfill), and other general industrial uses (office/warehouse) to the south and east. 4. Access/Streets: Transfer station traffic utilizes 149th Street and 151st Street for access to and from the industrial park. Direct access to the site is provided from two separate drives on Valley Road. 5. Utilities/Municipal Services: The property is located in the City of Olathe water and sewer service area. Utilities are available to the site. 6. Time Limit: Per Section of the UDO, special use permits have a time limit of five (5) years. The applicant has requested that the expiration date coincide with the Deffenbaugh agreement which would set an expiration date of September 30, 2020 for this application.

3 SU PC Minutes cont. Page 3 The Planning Commission can recommend shorter or longer time limits based on the circumstances of each case. 7. Conformance with Existing Plans and Policies: The subject property is currently developed as a solid waste transfer station and is zoned M-3 (General Industrial District). Surrounding development consists of additional heavy industrial uses to the north (concrete plant) and west (quarry/demolition landfill), and other general industrial uses (office/warehouse) to the south and east. 8. Staff Recommendation: Staff recommends approval of SU with the following stipulations: a. The special use permit shall be approved for a five (5) year period and shall expire on September 30, b. The perimeter landscaping shall continue to be maintained in accordance with UDO requirements. Following staff presentation, Chairman Harrelson opened up the meeting to questions from commissioners: Chairman Harrelson: Any commissioner have a question? This is a special use permit request, and it is for how long? Mr. Fernandez: For five years. Chairman Harrelson: Is there anyone wishing to speak in support of this item? Kent Seyfried, Solid Waste Manager, City of Olathe, appeared before the Planning Commission and made the following comments: Mr. Seyfried: As Dan mentioned, this is another renewal. It has been a successful operation for the City, a key component of our solid waste system in Olathe. We request your approval. Chairman Harrelson: Do you work at the facility? Mr. Seyfried: I m the division manager. Chairman Harrelson: Any questions? Comm. Freeman: I know we re looking at this area for several different long-term uses. With this location, the five-year limit, do you see that as part of normal business going forward, or have there been any consideration of, if a change is requested, what that would look like? Mr. Seyfried: We do not look to change. The location is, even though you consider it on the west side, it s pretty centrally located for Olathe. It keeps our trucks on the routes longer by being in that sort of central location, so it is ideal for us. It is an industrial area, so we don t have neighbor issues. There s not been a complaint on the facility in the 20 years that I ve been here. Chairman Harrelson: Any other questions? Thank you. Anyone else wishing to speak in favor of this item? Seeing or hearing none, is there anyone who wishes to speak in opposition? Seeing

4 SU PC Minutes cont. Page 4 or hearing none, I ll ask the Commission if there are additional comments, or a motion to close the public hearing? Motion by Commissioner Rinker, seconded by Commissioner Horner, to close the public hearing. Motion passed unanimously. Chairman Harrelson: Any other comments? Comm. Freeman: I understand this area is industrial in nature. Long term, I know we re looking at this entire area for the City s planning. I think five years is appropriate at this point in time, but perhaps in the future, I d be interested in learning more about other options, and if there was a time period that might be a better fit. Motion by Commissioner Rinke, seconded by Commissioner Vakas, to approve SU , with the following stipulations: a. The special use permit shall be approved for a five (5) year period and shall expire on September 30, b. The perimeter landscaping shall continue to be maintained in accordance with UDO requirements. The roll being called, the result was as follows: Aye: Fry, Freeman, Davis, Nelson, Rinke, Vakas, Horner, Harrelson (8) No: (0) Motion carried 8-0.

5 MINUTES Dan Fernandez, Planner II, made the following staff presentation: Planning Commission Meeting: City of Olathe City Planning Division Application: VAC Vacation of waterline easement at South Black Bob Road (Beautiful Savior Lutheran Church of Olathe) Location: Owner: Applicant/ Engineer: Staff Contact: South Black Bob Road Beautiful Savior Lutheran Church of Olathe Phelps Engineering, Inc., Judd D. Clausen Dan Fernandez, Planner II 1. Comments: The following is a request to vacate an existing waterline easement at Beautiful Savior Lutheran Church of Olathe, located at South Black Bob Road. The applicant is requesting to vacate a 10 x approximately 90 section of easement located directly east of the existing building. The existing waterline has been relocated and a new easement dedicated due to the church addition currently under construction. The easement is being vacated since this portion of the easement will no longer contain a water line. 2. Public Notice: The applicant mailed the required public notification letters to surrounding properties within 200 feet per Unified Development Ordinance (UDO) requirements. Staff has not received any concerns regarding the proposed easement vacation. 3. Utilities: The property is located in the City of Olathe water and sewer service areas. The Public Works Department has reviewed the exhibit for the right-of-way vacation and recommends approval as shown. 4. Staff Recommendation: Staff recommends approval of the vacation of the waterline easement (VAC ) as described and shown in the survey exhibit.

6 VAC PC Minutes cont. March 9, 2015 Page 2 Following staff presentation, Chairman Harrelson opened up the meeting to questions from commissioners: Chairman Harrelson: Are there any questions from commissioners? Thank you. This is a public hearing. Anyone wishing to speak in favor of this item? Judd Claussen, Phelps Engineering, 1270 North Winchester, Olathe, appeared before the Planning Commission and made the following comments: Mr. Claussen: This is a pretty routine item. The reason for this water line vacation is because the church did an addition onto the east side of their church. The water line that existed is being vacated because it was in conflict with that addition. The water line was relocated out and around it. That project has been completed and the easement has been granted, so this easement is no longer needed. With that, I ll stand for questions. Chairman Harrelson: Any questions? Thank you. Is there anyone else wishing to speak in favor of this item? Is there anyone wishing to speak in favor of this item? Seeing or hearing one, are there additional comments, or a motion to close the public hearing? Motion by Commissioner Horner, seconded by Commissioner Davis, to close the public hearing. Motion passed unanimously. Chairman Harrelson: Are there additional comments, or a motion? Motion by Commissioner Nelson, seconded by Commissioner Vakas, to approve VAC , per the following staff recommendation: Staff recommends approval of the vacation of the waterline easement (VAC ) as described and shown in the survey exhibit. The roll being called, the result was as follows: Aye: Fry, Freeman, Davis, Nelson, Rinke, Vakas, Horner, Harrelson (8) No: (0) Motion carried 8-0.

7 MINUTES City of Olathe City Planning Division Dan Fernandez, Planner II, and Celia Duran, City Engineer, made the following staff presentation: Planning Commission Meeting: Application: Location: Owner Applicant: Engineer: Staff Contact: RZ : Rezoning from R-3 District to C-3 District and preliminary development plan for QuikTrip The northeast corner of Old US-56 Highway and Parker Street Hugo and Libby Valiente QuikTrip, Truitt Priddy Darla Holman, Holman Engineering Dan Fernandez, Planner II Current Zoning: R-3 Proposed Zoning: C-3 Site Area: Platted: 2.12± acres No Proposed Use: Convenience Store/Gas Station Plan Olathe Land Use Category Existing Use Current Zoning Site Design Category Building Design Category Site Transit Oriented Development Center Apartments R-3 (Proposed C-3) 4 D North South East Mixed-use Residential Transit Oriented Development Center Transit Oriented Development Center Single-family homes R-1 N/A N/A Vacant M-2 N/A N/A Apartments R-3 N/A N/A West Industrial Bank (vacant) C-2 N/A N/A 1. Comments: The applicant requesting a rezoning of the subject property from R-3 (Residential Low-Density Multi-family District) to C-3 (Regional Center Commercial District). The subject property was rezoned to R-3 in June There are 14 apartment

8 Page 2 buildings at the complex with 128 total units. This rezoning would result in the removal of the 5 westernmost apartment buildings with 56 units. These apartment units were constructed in approximately The proposed development includes a 5,773 square foot QuikTrip convenience store and a canopy with 10 fuel dispensers. The facility would be similar to the QuikTrip on 119 th Street, east of Ridgeview Road in Ridgeview Falls. 2. Site Conditions: As stated, the rezoning would result in the removal of five of the two story apartment buildings. Nine apartment buildings will remain east of the QuikTrip site. 3. Neighborhood Meeting / Public Notices: A neighborhood meeting was held on Tuesday, June 30 th, with notice sent to residents in accordance with UDO According to the applicant, no one objected to the application. There were questions and concerns regarding the traffic on the surrounding streets as well as questions about the scope of the project. A copy of the minutes from the neighborhood meeting was provided by the applicant, and is attached. The applicant has provided a postcard from a resident supporting the project and staff has received one call from a neighboring business owner opposed to the application. Notice of the public hearing was published in the newspaper, and the applicant has provided affidavits and receipts certifying that signs were posted and letters mailed in accordance with the Kansas Statutes and City of Olathe regulations regarding public notice of rezoning applications. 4. Zoning Requirements: a. Dimensional Standards: The project meets the applicable dimensional standards for the C-3 District. The building at its highest point is 22 feet which is shorter than the maximum height of 40 feet for this district. The actual setbacks for the building are as follows: the front yard is approximately 145 feet (minimum 40 feet); the north side yard is 71 feet (minimum 10 feet); the south side yard is approximately 74 feet (minimum 10 feet); and the rear yard is 77 feet (10 feet). The parking/paving areas do not meet the setback requirement of 15 feet from the street right-of-way for this zoning district. Parts of the parking area on the south and west property lines do not meet the setback requirement. The parking lot setbacks on these sides range from 0.25 feet to 10.5 feet. These reduced setbacks are due to the extensive KDOT right-of-way of Old US 56 Highway. Staff supports the reduction in the parking lot setbacks as the right-of-way requirements at this location are not typical. The parking area on the north side of the property will meet the setback requirement with the dedication of a street easement instead of right-of-way when the property is platted. b. Open Space: For C-3 Districts, the minimum requirement of open space can be reduced to 10% with higher building design and increased Category 1 materials. The building contains several architectural features and is well above the required 70% Category 1 material requirement on the primary elevations. The submitted plans show 20.1% open space for the proposed development which meets this requirement. 5. Development Requirements:

9 Page 3 a. Access/Streets: A Traffic Impact Study (TIS) was conducted for this proposed commercial development recommending the following driveways: Driveway #1 right in/right out only on Dennis, 185 feet east of Parker Street Driveway #2 full access driveway on Dennis, 315 ft. east of Parker Street Driveway #3 right in only on K-7/Parker Street, 290 feet south of Dennis Driveway #4 right in/right out only on K-7/Old 56 Highway, 320 feet east of Lone Elm Road Staff has worked with the applicant to accommodate access on adjacent arterial streets in order to allow development of this site. The applicant has agreed to construct a right turn lane on K-7/Parker Street at Dennis. The City will relocate the traffic signal prior to construction of the right turn lane since this segment of K- 7/Parker is included as a future project in the City s Capital Improvement Program (CIP). Additionally, the applicant will be required to construct a westbound left turn lane at Driveway #2. The driveways on K-7 require the Kansas Department of Transportation s (KDOT) approval since they are connected to a State Highway. KDOT has reviewed the site plan and proposed accesses and has the following comments: Driveway #3 is not allowed due to its proximity to two adjacent intersections. Driveway #4 will be allowed if the following conditions are met: The entrance needs to accommodate trucks. The entrance should be moved as far east as reasonable to allow maximum separation between the entrance and the intersection of K- 7/Parker and Old 56 Highway. KDOT requires that the entrance be outside the limits of the westbound to northbound right turn lane. Measures should be implemented to reduce or mitigate conflicts between the entrance and K-7 traffic, including: o o Provided save access for southbound exiting drivers who want to turn west onto K-7 and then south onto Lone Elm Road. Discouraging or physically prevented eastbound K-7 traffic from turning left into Driveway #4. Revised plans addressing these concerns must be submitted to KDOT before final approval. Dennis Avenue currently has existing bike lanes on the north and south side of the street. It is recommended that the existing bike lane shall be restriped as part of the traffic improvements. b. Parking: The UDO requires one space per 250 square feet of building area for a convenience store with gas sales which would require a total of 24 parking spaces. The plans show 68 parking spaces which meets the requirement. The final development plan shall include a photometric plan for parking lot lighting in accordance with the UDO requirements. c. Landscaping/Screening: The landscape plan shows a variety of trees and shrubs planted around the perimeter and within the interior of the site. However, due to the extensive right-of-way the applicant is requesting an exception to the landscape setback requirement on the north, west and south property lines. The plans show a

10 Page 4 10 foot landscape buffer on the north side where a 15 foot buffer is required. Portions near the right-of-way on the west and south sides have a zero setback where 10 feet is required. Due to the shape of the site and the right-of-way, staff supports the reduction in landscape setback. The development is subject to Landscape Buffer Type 3 on the east side of the property which abuts an R-3 zoned district. A Type 3 buffer requires a 20 foot wide buffer, trees and shrubs planted within the buffer, and a minimum 6 foot high wall or berm. The proposed buffer meets these requirements, including having both a 6 foot double sided fence and a berm. The plan also includes parking lot screening with rows of shrubs along Dennis Avenue, Parker Street and Old US-56. Due to the underground storage tanks on the west side of the property, the plan does not meet the parking/paving screening requirement along the west parking area. The applicant is requesting an exception to the parking/pavement screening requirement and has also planted additional shrubs in other locations throughout the site. Also, part of the screening on Old US- 56 Highway is located in the street right-of-way. The applicant will need approval from K-DOT to plant the landscaping in the right-of-way. The project meets the minimum required foundation landscape requirement of 25% on the primary elevations. The plan also shows landscaping within the parking lot islands and around the dumpster enclosure and utility box. The elevations show that all roof-top units will be screened from public view by a metal screening system. d. Utilities and Stormwater: The subject property is located within the City of Olathe water and sewer service areas. There are existing utilities to the site. 6. Site Design Standards: The subject property is to be rezoned to C-3 and the recommended composite design standards are Site Design Category 4 (UDO ) and Building Design Category D (UDO ). The applicant has submitted a response letter to address the specific composite design requirements for this development (see attached). Composite Site Design (Category 4) Outdoor Amenity Space Parking Pod Size Pedestrian Connectivity Detention and Drainage Features as Amenities Proposed Design Development has less than 65% open space and is on less than 4 acres The proposed parking lot has a total of 68 spaces. New sidewalks along Dennis Avenue and Parker Street; pedestrian crosswalks within the interior of the site Underground detention The following is staff s analysis of the composite site design requirements.

11 Page 5 a. Outdoor Amenities The requirement does not apply to the proposed QuikTrip since it is for developments with more than 65% open space or larger than 4 acres. b. Parking Pod Size Maximum parking pod size is 80 spaces. There are 68 spaces proposed on the plan. c. Pedestrian Connectivity/Bike Lane New sidewalks will be constructed along Dennis Avenue and Parker Street with this project. There will be stamped concrete walkways across the drive aisles and the applicant will need to include stamped concrete walkways within the interior of the site with the final development plan. It is recommended that the existing bike lane shall be restriped as part of the traffic improvements. d. Drainage Amenities The proposed development does not consist of any open drainage or detention ponds. An underground detention system will be utilized. 7. Building Design Standards Composite Building Design (Category D) Horizontal Articulation Vertical Articulation Focal Point Elements Façade Expression Building Materials Proposed Design Wall offsets with canopy and awnings Variation in height as viewed from the street Tower or raised parapet element Canopy, awnings, ornamental cornice Primary Façades: - West (front) elevation meets Category 1 building materials (90%) - North elevation meets Category 1 materials (91%) - South elevation meets Category 1 materials (90%) Secondary Façade: - East elevation meets Category 1 materials (98%) a. Horizontal Articulation The proposed building design includes six different horizontal planes for the wall offsets. The west elevation also has a canopy and awnings. The south and north elevations also includes canopies. b. Vertical Articulation The primary facades include roof parapets that are 6 feet above the roofline which meets the requirement of variation in height as viewed from the street. Also, the west elevation (the main entrance) has six different wall planes with varying heights. c. Focal Point Element The primary elevations have tower elements that produce variations in building height of at least 4 feet and project more than 1 foot from the primary façade plane. The tower on the west elevation varies 6 feet from the roofline and extends 8 4 from the primary façade plane. The towers on the north and south elevations vary 4 feet from the roofline and extend 2 8 from the primary façade plane.

12 Page 6 d. Façade Expression Tools The proposed building includes storefront glass, canopies, awnings and an ornamental cornice on all three primary elevations. The percentage of glass on each of these elevations exceeds the minimum of 25 percent required in the Category D Design Guidelines. The building also includes foundation landscaping. e. Building Materials - The proposed building would be constructed of brick, porcelain tile, glass and aluminum cornices. West Façade (Primary) North Façade (Primary) South Façade (Primary) Category 1 Category 2 Requirement (Category 1 / 2) Brick/Tile/Glass (90%) Brick/Tile/Glass (91%) Brick/Tile/Glass (91%) Aluminum (10%) Aluminum (9%) Aluminum (9%) 70% / 30% 70% / 30% 70% / 30% East Façade (Secondary) Brick/Tile (83%) Aluminum/Metal (17%) 60% / 40% The canopy covering the gas dispensers is to be constructed of brick columns with an aluminum cover. 8. Signage/Illuminated Banding The applicant is requesting exceptions for the proposed monument signs and illuminated banding on building and gas canopy. The plans show two monument signs on the property. One is located at the access drive onto Old US-56 and an additional monument sign located along Parker Street. Developments are only allowed two monument signs if the property is greater than 5 acres. This project is located on a lot that is 2.12 acres. Also, the signs need to be located at least 10 feet from the property line as required by the UDO. The sign along Old US-56 is located on the property line and the sign along Parker Street has a three foot setback. The applicant is requesting an exception to the number of monument signs permitted and to the setback requirement. Staff recommends only 1 monument sign per UDO requirements. Illuminated banding is considered an attention attracting device and is not permitted by the UDO. The plans show illuminated banding on the canopies of the building and on the gas canopy. The applicant is requesting an exception to allow the illuminated banding. 9. Rezoning Analysis The following are criteria for considering applications as listed in Unified Development Ordinance (UDO) Section and staff findings for each item: A. The conformance of the proposed use to the Comprehensive Plan and other adopted planning policies.

13 Page 7 The future land use map of the Comprehensive Plan identifies this area as Transit Oriented Development. The proposed development is compatible with this future land use designation which includes high intensity commercial uses. B. The character of the neighborhood including but not limited to: land use, zoning, density (residential), architectural style, building materials, height, structural mass, siting, open space and floor-to-area ratio (commercial and industrial). The surrounding area consists of a variety of uses including a gas station. Residential single-family with standard size lots is located to the north; multi-family apartments are to the east; a bank on property zoned commercial is to the west along with a gas station to the northwest; and Old US-56 Highway and industrial zoned property is to the south. The proposed development meets the requirements for architectural style, building materials, height and open space of the proposed zoning. C. The zoning and uses of nearby properties and the extent to which the proposed use would be in harmony with such zoning and uses. The proposed zoning and development would be compatible with the existing zoning north of this area. There are nearby commercial developments including a gas station and the site will include an adequate buffer between the commercial development and the existing residential to the east of the property. D. The suitability of the property for the uses to which it has been restricted under the applicable zoning regulations. The property has been zoned multi-family and improved with apartments for many years. However, the location abutting Old US 56 Highway, Parker (K-7) and Dennis Ave. is highly impacted by traffic and might not be deemed a highly desirable multifamily site. A rezoning to commercial is appropriate for this location. E. The length of time the property has remained vacant as zoned. The property is not vacant and is improved with five apartment buildings. F. The extent to which approval of the application would detrimentally affect nearby properties. Approval of the rezoning application is not anticipated to detrimentally affect any nearby properties with the improvements for traffic and landscaping. The remaining apartments will have the required amount of parking for their use and buffer between the apartments and gas station meets the UDO requirement. G. The extent to which the proposed use would adversely affect the capacity or safety of that portion of the road network influenced by the use or present parking problems in the vicinity of the property.

14 Page 8 With construction of the required improvements to Dennis Avenue and Parker Street, the proposed use would not be anticipated to adversely affect parking or road network capacity or safety in the vicinity. The proposed development will have adequate parking on-site and the remaining apartments will also have the required amount of parking. H. The extent to which the proposed use would create air pollution, water pollution, noise pollution or other environmental harm. The site has been reviewed by stormwater engineering staff and is not expected to create excessive pollution or environmental harm of any type. I. The economic impact of the proposed use on the community. The proposed development will generate new sales and real estate tax revenue and will create new job opportunities. 10. Staff Recommendation A. Staff recommends approval of RZ for the following reasons: (1) The proposed development complies with the Goals, Objectives and Policies of the Comprehensive Plan. (2) The rezoning to the C-3 district meets the Unified Development Ordinance criteria for considering zoning applications. (3) As stipulated, the proposed development complies with the development and performance standards of the C-3 zoning classification. B. Staff recommends approval of RZ with the following stipulations to be included in the rezoning ordinance: (1) A final plat shall be approved prior to the issuance of a stormwater or building permit. (2) All applicable street and traffic signal excise fees shall be payed prior to recording the plat. (3) A final development plan application shall be submitted and approved by the Planning Division prior to submitting for building permits. (4) The convenience store and fuel canopy shall not include illuminated banding. (5) The public street improvements shall be designed to City standards and approved by the City Traffic Engineer. (6) A landscaping plan signed and sealed by a registered Landscape Architect in the State of Kansas shall be submitted with the final development plan.

15 Page 9 (7) Stamped concrete pedestrian crosswalks within the interior of the site shall be included with the final development plan. (8) A photometric plan shall be submitted with the final development plan showing the average foot-candles in compliance with the UDO. Cutsheets of the building and pole lighting shall also be submitted. (9) One monument sign shall be permitted for the development. The sign shall comply with UDO Chapter (10) Separate sign permits are required for all signage. (11) Additional shrubs/landscaping at the corner of Old US-56 Highway and Parker Street shall be added to provide screening for the parking/paved area per UDO requirements. Landscaping in the street right-of-way for Old US-56 Highway shall be approved by K-DOT. (12) Due to the tight constraints of the site, the parking/paving setbacks shall be reduced and range from.25 feet to 10.5 feet. (13) Due to the tight constraints of the site, the landscape setbacks shall be reduced and range from 0 feet to 10 feet. (14) As per KDOT, Driveway #4 will be modified to: a. accommodate semi-trucks without encroaching on adjacent lanes b. the raised island will be built outside the limits of the existing right turn lane c. provide mitigation to reduce conflicts between exiting drivers and K-7 traffic (15) A KDOT access permit for Driveway #4 is required prior to final approval of this plan. (16) A westbound left turn lane will be required at Driveway #2. (17) A northbound right turn lane shall be constructed by the applicant at the intersection of K-7/Parker and Dennis following relocation of the traffic signal by the City. (18) Driveway #3 is not permitted. The final development plan shall not have any access onto Parker/K-7. (19) All street improvements shall be provided as required by the City Engineer. (20) It is recommended that the existing bike lane shall be restriped as part of the traffic improvements. Following staff presentations, Chairman Harrelson opened up the meeting to questions from commissioners: Chairman Harrelson: Any questions for staff?

16 Page 10 Comm. Nelson: Regarding traffic, obviously that s a major concern for this project, especially with the great job that QuikTrip does. They design buildings well, they market well, and they have great things to bring to the site. My greatest concern is related to the exit from the property. Any traffic that s heading south on Parker or intending to go east on Old 56, the only access they re going to have is through what we re calling Driveway #2, which is the northeast driveway there. So, I m concerned about the amount of traffic that we re forcing to take a left turn onto Dennis from that single access point. Or, if they re heading west on Old 56, they re going to turn right and go down to Weaver Street, and then go down. So, we re going to have more congestion on Weaver Street. So, I m concerned about the movement out of there. It s great for everyone heading north, or great for everyone heading west on Old 56. I m really concerned for everyone trying to head east on Dennis and south on Parker. Can you speak to that? To me, I see a great concern for bottlenecking out of that property, which could force people to rush a little quicker than they should, for safety sake. Ms. Duran: As you know, QuikTrip is successful, so there is a lot of traffic generated in the morning and afternoon. Ideally, a site like this, we provide full access at all points. We talked extensively with KDOT on trying to provide a left-bound out on Old 56, and thought with the speeds and the proximity to the intersection, that wasn t a good idea. So, we don t feel like Parker is a good idea, so, the full access off of Dennis There are two accesses in and out. You re right; one goes eastbound, and the full one is westbound. Traffic is going to have to be reasonable and wait their turn. To develop the site, this is the only way in and out. We ve looked at the site, we ve looked at the trip generation, and with the peak hours, you know, this will be reasonable. Also, when we look at K-7, we will look down at Dennis. Right now, we re really restricted by right-of-way. So, we will look at what we can do, and if there are any improvements we can do on Dennis, we will do that now. Comm. Rinke: I believe the KDOT right-of-way along Old 56 probably dates back to when that used to be an overpass and diamond interchange. Do you have any reason to believe that KDOT would ever have use for that much right-of-way in the future? Ms. Duran: We ve talked to KDOT about that right-of-way. We re doing the transportation master plan right now, and that s one of the intersections we re looking at. We ve looked at some different options there. I think that s probably more access than they ll ever need, and we did talk to them, you know, do you want to relinquish. But, they re not really ready to until we have a proposed design there. We ve also talked about different options with K-7, whether the City has more access control. That would allow us to look at redesign of that intersection, too. So, yes, we re currently looking at it, and they re probably not going to use that much right-ofway. But, right now, they re not ready to relinquish that. Comm. Rinke: Actually, this probably feeds into a question for Dan. I was curious if there was any attempt for the applicant to maybe straighten out that southern line so they could pick up that landscaping that will be in the Mr. Fernandez: That southern property, move it to the south? Comm. Rinke: Yes, move it to the south a little bit. Mr. Fernandez: That was brought up. As Celia mentioned, KDOT is not ready to relinquish that right-of-way just yet. Comm. Rinke: I know one of the issues is the monument signs, and it seems like that southwest corner would have been the logical place to put a monument sign. But, there doesn t appear to be a location for that with the current plan. Mr. Fernandez: That would be ideal, but again, KDOT is not ready to relinquish any of their right-of-way.

17 Page 11 Comm. Rinke: I had a question on the illuminating banding. Is there difference between what s being proposed on this site versus what was approved by the City Council on 119 th Street? Mr. Fernandez: No. It s exactly the same. Comm. Rinke: Okay. If I recall, I think we went along with staff s recommendation to stipulate against that on 119 th Street and the City Council overrode our decision. Mr. Fernandez: Correct. Chairman Harrelson: Any other questions? It appears that even though we are meeting the parking setbacks, we ve got a lot of setback. It s got to be 150 feet to 56 Highway from where cars will park on the south, and even on the west, up against the property line there. You ve got to have at least 50 feet to the street there, too, do we not? So, even though we don t technically meet the property line setbacks, the property line is going to be Mr. Fernandez: That s correct. That s why staff was recommending approval of those exceptions. There s a lot of right-of-way. Chairman Harrelson: There s a lot of space there. Even though it technically touches the property line, or comes close to it in several places. Okay. That s all I have. Is the applicant here to present? Truitt Priddy, 1120 North Industrial Boulevard, Euless, TX, appeared before the Planning Commission and made the following comments: Mr. Priddy: I m a real estate project manager for QuikTrip. We are very excited about this site. We ve performed due diligence for some time now in regards to site selection and development. I d like to start this off by thanking staff. They have been miraculous to work with. They have collectively and diligently worked with us, KDOT, our third-party traffic engineer, Tom Fulton, and they ve really stayed in touch with this project, where the product you see up there would not be possible without them. So, I thank them. As I mentioned, we re very excited about this site. It s the same as the one on 119 th, or very similar. As far as the illuminated banding, we do prefer to have it. We don t think of it as an attention-grabbing device any longer. What it has become to us is really a brand. What we feel from customer surveys is that it makes people feel safe because we try to make it the same. So, without that red band, it s just not as safe. It s darker, etc. So, that s what we feel there. With all the stipulations that staff has set forth, we are comfortable with. We would ask for illuminated bands, and then, the monument sign is probably the only one that really stands out to us at this site due to the large amount of right-of-way. On Old 56, we have roughly 120 feet from our southwest property line to the road. So, realistically, we want people to be able to turn into our site at the Old 56 driveway and not pass us. If we reduce the monument down to one, perhaps, we would then have one on Old 56, and it would relinquish all of our southbound drivers on Parker where they could miss us, as well. So, the site is set up very uniquely to where we re not just throwing two monuments out there because we feel we want signage. It s really strategically placed for us. I assume you re going to have questions about that. But, as mentioned, staff has been wonderful to work with. You all know who QuikTrip is. We have a few stores out there, so I m going to be brief and just stand for questions. Chairman Harrelson: Any questions? I might ask about KDOT. I know we ve had continuations because of the discussions with KDOT. Do you have approval from them for the Entry #4? Or just an agreement in principle? Mr. Priddy: What they have provided us, along with Celia, is a letter pretty much stating the stipulations that they set forth in here for the traffic. So, once we supply them plans and apply for that permit meeting those stipulations, they will approve the permit.

18 Page 12 Chairman Harrelson: Thank you. Anyone else who wishes to come forward and speak in favor of this? Kate Forsythe, 500 South Troost, appeared before the Planning Commission and made the following comments: Ms. Forsythe: I m a counselor at Westview Elementary School. I m here not to speak pro or con for the development. We re excited about having QuikTrip. But, my concerns have to do with the five buildings that are going to be torn down. I m here to advocate for the families. It s a unique situation. It s a small community of families. We have a real good working relationship with them, and we are concerned about what will happen to them. Many of the families in that apartment complex are in a unique situation. They work week to week, month to month, and it s difficult for them to have to make a transition to a new residence because they don t typically have first month s/last month s rent, much less a deposit. It s our concern that we really want to be kept in the loop in regard to what s happening so that we can support those families that may be displaced. A lot of families that are in this complex, 95 percent are on free or reduced lunch. Seventy-five percent are Hispanic, Spanish-speaking. Some of them are already identified under McKinney-Vento as homeless and are doubled up with other families. There s a possibility that this could create more families in those situations. So, it s important to us to be kept in the loop so that, if that does happen, we can help these families do what they need to do to keep some continuity and stay in one area. That s a problem a lot of times with this population, is lots of moving around. So, my concern is that we know what is going on, and when the time comes, that we can prepare them and help them and work with you guys as much as we can. Chairman Harrelson: I can tell you, if this item moves forward, it will go to City Council. We will announce at the end of this when this will go to City Council and you can watch the reaction of City Council. You can watch it on line, or even attend, if you like. Ms. Forsythe: Okay, thank you. Chairman Harrelson: Do we have anyone else who wishes to speak in favor of this item? Seeing or hearing none, is there anyone who wishes to speak in opposition? I have three signed up. Faisal Asad, 951 South Parker, appeared before the Planning Commission and made the following comments: Mr. Asad: Good evening, Commissioners. I live right in front of the QuikTrip. I own the 7-11 right there. QuikTrip is a good model, and they are definitely successful. We have been in that community for a long, long time. Customers know us, people know us, the school knows us. Just like any neighborhood store, we have tried to be a community partner. I m just asking you, you all know about this, that this is probably going to cost five other gas stations in this two-mile area to suffer huge losses. Within a mile and a half, there are five gas stations and C-stores. There is plenty of land where QuikTrip can go. Move down closer to I-35, or wherever. But, I mean, displacing all these people -? Just weighing the risk. I think a lot of trucks are going to move into this area from Old 56 Highway. That s going to be a safety issue. I just ask the Commission to consider this because it s definitely going to have an impact on a lot of small businesses that are out there. And the strip mall right behind me, there are many other businesses still in there. I m willing to take any questions. Chairman Harrelson: Are there any questions? Thank you. Anyone else wishing to speak in opposition to this item? Nils T. Siren, 204 South Troost, appeared before the Planning Commission and made the following comments:

19 Page 13 Mr. Siren: I m glad the lady came from the school because I m of the same opinion. We have five buildings there. I have no idea how many people are going to be displaced, but we need low-income housing. We have enough gas stations in the area. I don t see any point in trying to displace five buildings full of people. There must be a couple hundred people in those five buildings. Those people are also the people that are buying stuff at the They used to bank at the Commerce Bank that was up there. They ve been going to the thrift stores. You re gradually sending them out. Plus, is there low-income housing available in the area? On top of that, we just took that school and spent a good chunk of money Westview and rebuilt that. It s a nice little school, and the Hispanics are big part of that. Largely, when you take down those five buildings, you ve probably moved out almost all Hispanics. I don t believe we ought to put the filling station in that spot, and just removing that housing without having some provision in the area for other low-income housing that s needed. That s it. Chairman Harrelson: Any questions? Mr. Siren: I don t know if anybody has been up to Westview School, but it s nice the way they rebuilt that place. You re knocking a lot of kids out of there when you take those five buildings. Chairman Harrelson: Mr. Fernandez, how many buildings are left -? Mr. Fernandez: There will be nine. Chairman Harrelson: Okay, so this would remove five, and there will be nine left. Mr. Siren: Well, I don t think they can move the people from the five into those nine. Chairman Harrelson: Well, you made a comment most of them, and it s a lot of buildings, no question, but it s only roughly one-third of the buildings that would be gone. Mr. Siren: Does anybody know of any plans for low-income housing in the area? Chairman Harrelson: I m not aware of that. We re here to hear the land use viability of the proposal, and that s our job here this evening. Beyond that, I don t know. The issue you re talking about is one of concern, obviously. Mr. Siren: Well, that s an awful busy corner to be sticking another filling station on it. Chairman Harrelson: Thank you. Anyone else wishing to speak in opposition? Rao Chalasani, 202 North Parker Street, appeared before the Planning Commission and made the following comments: Mr. Chalasani: My agenda is twofold. One is personal, and one is professional. The personal agenda is QuikTrip, the competition. Second, personal agenda is I was trying to buy some property in the area. I went to one property and there was an underground tank at one time there. And then, I tried to look at another property and there was an underground tank there. So, I dropped them both. Now, there s going to be more underground tanks that are going to come here, eventually, to buy this building, it s going to be a problem eventually when QuikTrip goes away. Like the other gentleman said, there s enough gas stations in that one-mile area. But, there may be enough for QuikTrip to be there. And I second the opinion of Mr. Nelson regarding that right-of-way onto Dennis because I have the same problem at my store at K-7 and Santa Fe. People coming in, when they try to go out, it s almost like boom. It happened to me. I can t count how many times that has happened. And when you re putting that spot there, that really puts a difficult situation for the trips. So, those are the two. The other thing. I approached Mr. Hugo [Valiente] regarding the property. I came to know about this last week. I asked if I could buy those five buildings, and instead of displacing them, keep them and continue my investment in the area. So, that s my professional and personal [inaudible].

20 Page 14 Chairman Harrelson: Any questions? Anyone else wishing to speak in opposition to this item? Dennis Hancock appeared before the Planning Commission and made the following comments: Mr. Hancock: Right out my back door is where the old water tower used to be. When that water tower was first put up, there were pictures of it in every newspaper in Kansas. Just south of that area is where [inaudible] raiders went to Gardner to murder some people; went on to Lawrence to burn the town, burn women and children to death, and shoot unarmed people. So, there is a lot of historical significance to the area. That s just two things. I love the area. The view from that area is awesome. Of course, I live upstairs. I am concerned about whether or not QuikTrip would be, you know, they change their employees. They don t let them stay in one store, as I understand it I could be wrong but it is a cultural mix. There s at least 20 languages spoken in this area. We get along really good in that area. It s like a tea party guy found out that some of people from Laos that speak Thai had sons in service to our country, and they had been deployed overseas. We quickly had Evangelical Christians praying for the safe return of our Buddhist sons. This is my concern. With the smaller stores, you know, we get a mix of cultures, and we can understand each other. Whereas with big stores, I mean, I m not putting down Wal- Mart or QuikTrip, but it s harder to get people to mix that way. I think culturally, that is significant. That s my concern. Chairman Harrelson: Any questions? Thank you. Sylvia Siren, 200 South Troost, appeared before the Planning Commission and made the following comments: Ms. Siren: My concern is also with the traffic. I work at Olathe Medical Center, so that s my everyday drive. As it is right now, it s already a rather congested area, especially when you have the two southbound lanes merging into one. I just see this as adding a lot more congestion in that area. I don t understand a lot of these maps, but when I live this every day and think, my gosh, a QuikTrip is going to be bringing in a lot of traffic. Are you really going to have the infrastructure there to allow for traffic to occur without a lot of accidents with people trying to get in and out quickly? Chairman Harrelson: Thank you. Qaisar Lateef, 802 West 56 Highway, appeared before the Planning Commission and made the following comments: Mr. Lateef: I m just here to make a comment. I used to do business over there, but we went out of business. The reason we went out of business was because of so many gas station businesses in that area. Our property had become an eyesore for 56 Highway. My comment is only, allowing this property would create more eyesores on K-7 and 56 Highway. So, I just wanted you to consider that. Are you ready to have those eyesores on both? Right now, we have the O Reily building that is empty, and [inaudible] trying to get out. I m just wanting you to consider the bunch of eyesores by having this one business coming in K-7 and 56 Highway. Those are my comments. Chairman Harrelson: Thank you. Anyone else wishing to speak in opposition to this item? Govanni Garcia, 20 Edgemere Court, appeared before the Planning Commission and made the following comments: Mr. Garcia: My house is going to be the closest one to the So, I have nothing bad to say about QuikTrip. When you want to go to the restroom, where do you go? QuikTrip. [Laughter.] My driveway is going to be parallel to the number 2. There s more than just traffic issues. There s also community issues. I know Dennis because he works at that We ve been there for 16 years, so I ve known him for a long time. We know people personally in those five