Corcoran, and Freeman

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1 City of Olathe Planning Commission Council Chambers Monday October 22, :00 PM Meeting Minutes CALL TO ORDER The Planning Commission convened at 7:00 p.m. to meet in regular session. Recited Pledge of Allegiance. The Chair made introductory comments. Regarding ex parte communication, the Chair asked that if a commissioner had something to report, that they specify the nature of the ex parte communication as that item is reached in the agenda. Present Absent Chairman Dean Vakas, Vice-Chairman Michael Rinke, Commissioner Barry Sutherland, Commissioner Jeremy Fry, Commissioner Jose Munoz, and Commissioner Ryan Nelson Commissioner Chip Corcoran, and Commissioner Ryan Freeman CONSENT AGENDA A. MN : Standing approval of the minutes as written from the October 8, 2018 Planning Commission meeting. Due to necessary updates and amendments to the meeting minutes from the October 8, 2018 Planning Commission meeting, Aimee Nassif, Chief Planning and Development Officer, asked that those minutes be removed from the consent agenda and be approved at the next Planning Commission meeting. B. PLN : Request for approval of the 2019 Olathe Planning Commission Meeting Dates. Motion by Commissioner Sutherland, seconded by Vice-Chairman Rinke, that PLN be approved. The motion carried by the following vote: Vakas, Rinke, Sutherland, Fry, Munoz, and Nelson Page 1 of 20

2 C. FP : Request approval for a final plat for Woodland Hills, Second Plat containing 5 single-family lots and 2 common tract on 2.70± acres; located at the northeast corner of 115th Terrace and Woodland Road. The following stipulations apply: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. Prior to recording the final plat, the required excise fee of $25, shall be submitted to the City Planning Division. c. Prior to recording the final plat, the required traffic signal excise tax of $ shall be submitted to the City Planning Division. d. The landscape plan shall be revised to show a deciduous tree and shrubs within Tract E. 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. Prior to issuance of a building permit, a performance and maintenance bond or letter of credit in an amount to be determined by the City Engineer, shall be submitted in accordance with UDO C and UDO E. to ensure that all erosion control measures and water quality features are installed and maintained and that all the development s streets and sidewalks remain free of debris during all phases of construction. Motion by Commissioner Sutherland, seconded by Vice-Chairman Rinke, that FP be approved as stipulated. The motion carried by the following vote: Vakas, Rinke, Sutherland, Fry, Munoz, and Nelson Page 2 of 20

3 D. FP : Request for approval for a final plat for Valley Ridge Monument containing 1 common tract on 0.49± acres; located at the southwest corner of the intersection of W. 114th Street and S. Clare Road. The following stipulations apply: a) A sidewalk and address plat shall be submitted prior to issuance of building permits. b) All Utility cabinets shall be screened by landscaping from public view according to Olathe UDO c) A sign permit shall be submitted for the subdivision sign per Section of the UDO. Motion by Commissioner Sutherland, seconded by Vice-Chairman Rinke, that FP be approved as stipulated. The motion carried by the following vote: Vakas, Rinke, Sutherland, Fry, Munoz, and Nelson Page 3 of 20

4 E. FP : Request for approval for a final plat for Boulder Hills Pool containing 4 single-family lots and 1 common tract on 2.56± acres; located in the vicinity of 171st Place and Black Bob Road. This case was pulled from the Consent agenda for staff presentation by Joshua Gentzler, Planning Intern. Mr. Gentzler noted that the Boulder Hills pool is located west of Black Bob Road and north of 175th Street, in an area that contains four residential lots and one recreational tract. Mr. Gentzler presented a brief history on the subdivision, noting it was initially zoned in 2007 and revised in 2016 when Timber Ridge Elementary School was added to the plat. A third plat came in in P17-044, Boulder Hills Third Plat, which was approved in October 2017 but never recorded with the County. The current plat moves the residential easement for a clubhouse and pool to the east about 200 feet while maintaining the four residential lots. Mr. Gentzler noted that the change allows for a larger recreational tract and allows the pool to be built sooner. Mr. Gentzler added that staff recommends approval and concluded his presentation. There were no additional questions for Mr. Gentzler. Chair Vakas called for a motion. The following stipulations apply: a) The final plat is subject to a street excise tax $23, The required excise tax 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 $ The required excise tax shall be submitted to the City Planning Division prior to recording the final plat. c) An administrative review application shall be submitted and approved prior to issuance of building permits on Tract A. d) A new final plat application is required for the remainder of previously approved Boulder Hills, Third Plat which incorporates the changes made to the plat in this application. e) Prior to recording the final plat, dedication language for the Sanitary Sewer Easement (S/E) shall be included on the final plat. f) A sidewalk and address plat shall be submitted prior to issuance of building permits. g) Utility cabinets shall not be placed in the front or side yards, unless first requested by the applicant and authorized by the Chief Planning and Development Officer and must include landscaping to screen the equipment from public view. Any such request shall include an exhibit demonstrating the typical screening to be provided prior to recording the plat. Motion by Commissioner Fry, seconded by Commissioner Nelson, that FP be approved as stipulated. The motion carried by the following vote: Page 4 of 20

5 Vakas, Rinke, Sutherland, Fry, Munoz, and Nelson F. FP : Request for approval for a final plat for Stonebridge Meadows, 3rd Plat containing 56 single-family lots and 3 common tracts on 20.00± acres; located along the west side of future S. Lindenwood Drive, south of W. 163rd Street. The following stipulations apply: a) The final plat is subject to a street excise tax of $9, The required excise tax 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 tax shall be submitted to the City Planning Division prior to recording the final plat. c) Prior to recording the final plat, a Street Easement (STR/E) shall be included on Tract C. d) Fire hydrants are required within 400 feet of all residential units (travel distance. Dead-end water mains with fire hydrants are not permitted unless water supply calculations can be provided that demonstrates an adequate water supply is provided; otherwise the water supply for hydrants is required to be looped to existing mains. e) Prior to recording the final plat, the street labeled Stagecoach Drive shall be revised to S. Stagecoach Street. f) A sidewalk and address plat shall be submitted prior to issuance of building permits. g) Utility cabinets shall not be placed in the front or side yards, unless first requested by the applicant and authorized by the Chief Planning and Development Officer and must include landscaping to screen the equipment from public view. Any such request shall include an exhibit demonstrating the typical screening to be provided prior to recording the plat. Motion by Commissioner Sutherland, seconded by Vice-Chairman Rinke, that FP be approved as stipulated. The motion carried by the following vote: Vakas, Rinke, Sutherland, Fry, Munoz, and Nelson Page 5 of 20

6 G. FP : Request for approval for a final plat for Heather Ridge South, 3rd Plat containing 36 single-family lots and 4 common tracts on 12.77± acres; located at the southeast corner of W. 167th Street and Warwick Street. The following stipulations apply: a. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. b. Prior to recording the final plat, the required traffic signal excise tax of $1, shall be submitted to the City Planning Division. c. Prior to recording the final plat, a street tree and master landscape plan shall be submitted for this phase in accordance with UDO requirements. d. No landscaping shall be planted within the sight distance triangles. e. An administrative review application shall be submitted and approved for the pool prior to submitting for building permit. f. All above ground electrical and/or telephone cabinets shall be placed within the interior side or rear building setback yards. However, such utility cabinets may be permitted within front or corner side yards adjacent to street right-of-way if cabinets are screened with landscape materials. g. Prior to issuance of a building permit, a performance and maintenance bond or letter of credit in an amount to be determined by the City Engineer, shall be submitted in accordance with UDO C and 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. Motion by Commissioner Sutherland, seconded by Vice-Chairman Rinke, that FP be approved as stipulated. The motion carried by the following vote: Vakas, Rinke, Sutherland, Fry, Munoz, and Nelson REGULAR AGENDA-NEW BUSINESS Page 6 of 20

7 A. PLN : Approval of Planning Commission Resolution finding that the proposed 151st Street STAR Bond project plan is in conformance with the Comprehensive Plan. Sean Pendley, Senior Planner, appeared before the Planning Commission, summarizing the request for approval of Planning Commission Resolution , finding that the proposed 151st Street STAR Bond project plan is in conformance with the City's Comprehensive Plan. Mr. Pendley noted that this particular site is the site of a former mall and the property includes the mall, interior loop, and surrounding properties, totaling approximately 270 acres extending from Frontier Lane south to 151st Street, and from Harrison Street west to South Park. Mr. Pendley provided an overview of the project, noting that in 2016, the City Council adopted an ordinance establishing this STAR bond district. Per state statute, the Planning Commission must find that the project plan conforms to the City's Comprehensive Plan. Therefore, in order to be approved by City Council and the State, the project plan and proposed land uses must be consistent with the City's goals and objectives. Mr. Pendley stated this project consists of a mixed-use development with multipurpose arena, entertainment uses, commercial, various retail uses, offices, and multifamily residential uses. The future land use map identifies this area as urban mixed use. Mr. Pendley provided aerial photos of the site. He noted pad sites along 151st street that consist of hotels, restaurants, and vacant pad sites. The surrounding area consists of medical offices and vacant land, multifamily and commercial areas. The interior of the property is CP-3 and C-2 commercial. As part of the project plan, Mr. Pendley reported that the applicant submitted conceptual site plans. At this time, the primary purpose for the resolution is to make a finding that the project plan is consistent with the Comprehensive Plan, but the applicant was required to provide a general idea of what is proposed within the development. Three phases have been preliminarily identified within the project. Everything on the interior former mall property and to the north is part of an urban mixed use center. He notes that this is very consistent with the application and believes it fits in perfectly with the City's goal. As part of the analysis, Mr. Pendley stated that this proposal is consistent with Comprehensive Plan goals for revitalizing existing commercial centers and maintaining a balance and mix of residential and residential uses to support those commercial developments. If the Planning Commission finds that the resolution is consistent with the Comprehensive Plan, the City Council will hold a public hearing for approval of the STAR bond project. After that, the project must be approved by the State. Mr. Pendley concluded his presentation. Vice-Chairman Rinke commented that this is clearly in conformance with the Comprehensive Plan and he is excited about the project. He asked if the City would own the arena. Mr. Pendley responded that he believed that is the plan at this time. He deferred additional details to the applicant. Vice-Chairman Rinke asked about the golf facility and asked if it was the same as Top Golf in Overland Park. Mr. Page 7 of 20

8 Pendley responded that he was not sure, but said it is planned for an entertainment use that could include golf. Comm. Nelson asked if district would go to Frontier Road, or all the way to Old 56 Highway. Mr. Pendley noted that the project area plan approved by City Council extends from Frontier Lane south to 151st Street. The project plan that the applicant submitted only shows the interior area, which Mr. Pendley believes is Phase 1. Surrounding properties are intended to be part of the STAR bond project and could be eligible for STAR bond financing. Comm. Nelson asked if this was something that was applied and not something that was at the request of property owners, which gives them a way in the future if they decided to pursue bond resources. Mr. Pendley said that is his understanding. Mr. Pendley added the property does not extend to Old 56 Highway. Comm. Fry noted that typically, if rezoning does not comply with Comprehensive Plan, the Planning Commission still has the ability to approve the project. In this case, if the rezoning does not comply, he questioned what would happen. Mr. Pendley is not sure but notes that if any portion did not conform to the Comprehensive Plan, it would be best to go back and consider a change to the Comprehensive Plan. However, he deferred to Ms. Nassif. Aimee Nassif, Chief Planning and Development Officer, responded that because of the bonds involved, they need to be sure that they adhere to the vision, and that it's not possibly getting bonds or funding that's completely contrary to what a City's land use plan had established or thought of for their future land use operation. If it complies, that is one of the items they need in order to have the STAR bonds considered for approval. There were no other questions for staff. Chair Vakas asked the applicant to come forward. Korb Maxwell, Polsinelli Law Firm, approached the podium on behalf of the Woodbury Corporation. He introduced other members of their team. Mr. Maxwell noted that the job of the Planning Commission is a narrow finding of whether the project plan is in conformance with the Comprehensive Plan. The applicant hopes to have everything approved by the end of He was available for questions. Comm. Nelson asked about the timeline for the city versus the state. Mr. Maxwell responded that they work in concert, meaning that there are public hearings at the City Council level, and the Planning Commission is a gateway to that. State approval should come immediately following City Council approval. Vice Chair Rinke asked Mr. Maxwell to comment the questions he raised earlier. Mr. Maxwell noted that the City of Olathe will own the arena, but it will be privately managed by the Laredo Corporation. Mr. Maxwell added that they are working out the final features of a future golf facility that will be similar to Top Golf. Other components they hope to include are fitness, rock climbing, and other activities that will encompass live, work and play. Chair Vakas thanked the applicant, their team, and City staff for investment of time and labor so far. He notes that this is a very exciting project and one everyone looks forward to reaching full completion. Chair Vakas called for a motion. Page 8 of 20

9 Motion by Vice-Chairman Rinke, seconded by Commissioner Fry, that PLN be approved. The motion carried by the following vote: Vakas, Rinke, Sutherland, Fry, Munoz, and Nelson Page 9 of 20

10 B. PR : Request approval for preliminary site development plan for Sutherland s on 5.03± acres; located at the southeast corner of W. 151st Street and Mur-Len Road. Dan Fernandez, Planner II, appeared before the Planning Commission, summarizing a request to renovate a portion of an existing building at the corner of 151st Street and Mur-Len Road. The proposal is for a Sutherland's with an outdoor garden center. Improvements will include landscape islands, a crosswalk connecting to sidewalks, and foundational landscaping. The site was formerly a Price Chopper grocery store. Mr. Fernandez stated the applicant is asking for a waiver from the glass requirement on the west elevation. The applicant is showing 2 percent glass where 20 percent is required. Staff supports the waiver request because the applicant is providing high-quality design by exceeding Category 1 materials on all three elevations. They also are adding a variety of architectural features to the existing building, and most of the west elevation will be screened. Architectural features that have been added include a parapet, stone, and an entryway with windows. Mr. Fernandez stated that staff recommends approval with the waiver request and as stipulated in the staff report. He was available for questions. Comm. Nelson is slightly concerned that if the garden center closes, the building will lose much of its design quality. Mr. Fernandez responded that staff is supportive of the proposal as shown. He added that the exterior of the garden center will also be screened by an ornamental metal wall with brick columns and architectural features to break up the west elevation. If Sutherland's closed and someone else took over the space, at that point, the City could ask for additional improvements to the building. Comm. Sutherland believes this is a dramatic improvement over what currently exists on the site. Comm. Fry asked if, in general, a precedent is being set regarding architectural features. He said the architectural features that have been added would have been required and is not something that is over and above what is stipulated in the Comprehensive Plan and UDO. He wants to be sure that the best plan is being put forward. Mr. Fernandez stated again that if Sutherland's was to close and another building materials store with outdoor storage came in, that would remain. If another use came in and wanted to remove the garden center, that would require a planning application. At that point, the City could request that whatever user is coming in would add additional windows and architectural features to the west elevation. Comm. Fry asks why it's not required now. Aimee Nassif, Chief Planning and Development Officer, directed attention to an analysis in the staff report on page 6, where it states that approval is recommended due to the installation of the screening, which means windows would not be visible. She added that language could be added to stipulation b, that the waiver is being granted and considered due to the items in the report, including the inclusion of the screen as shown on the west elevation. That way, they cannot be removed and then be considered later because they would fall out of the conditions of the waiver. Comm. Fry said that makes sense. Page 10 of 20

11 Comm. Nelson asked if the fencing would be considered a permanent installation that would require Planning Commission approval to remove. Mr. Fernandez said a demolition permit would be required, which Planning staff reviews. Vice-Chairman Rinke noted that there have been many cases in which a building is re-used and does not recall that buildings are always brought up 100 percent to current standards. He believes this is a great project and will support it. Chair Vakas asked the applicant to come forward. Powell Minnis, Senior Architect with Davidson Architecture + Engineering, 4301 Indian Creek Parkway, Overland Park, approached the podium. He said compliance of both primary elevations has been discussed. Having the garden center on the west side makes the most sense architecturally, as well as from a planning standpoint. Features have been added on the west elevation to help augment the missing glass. Mr. Minnis said most home improvement stores don't require a lot of glass, and theirs is a good-faith effort to help achieve the architectural look without meeting the glass requirement. Comm. Nelson asked about amount of square footage for the garden center. Mr. Minnis responded that it's approximately 15,000 square feet. There were no further questions of the applicant. Chair Vakas asked for discussion. Comm. Nelson recalls discussing exterior storage in the past and questioned if the size was related to the size of the building. Sean Pendley, Senior Planner, noted that a past application was for Tractor Supply, which covered an outdoor display. This case is different because this is a permanent, confined area that will be screened. Comm. Nelson asked if having a permanent enclosure puts this into a different category. Mr. Pendley said it does. Chair Vakas called for a motion. The following stipulations apply: a. A final site development plan application shall be submitted and approved prior to submitting for building permit. b. A waiver shall be granted to permit a reduction in the minimum required glass on the west elevation as identified on the approved elevations dated August 31, c. The final site development plan shall include notes for 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 in accordance with the UDO requirements. d. Material samples for the proposed fence shall be submitted with the final site development plan. Motion by Vice-Chairman Rinke, seconded by Commissioner Sutherland, that PR be approved as stipulated. The motion carried by the following vote: Vakas, Rinke, Sutherland, Fry, and Munoz Page 11 of 20

12 No: Nelson Page 12 of 20

13 C. PUBLIC HEARING RZ : Request approval for a rezoning from CP-2 and RP-3 to C-2 District and preliminary site development plan for Boulder Creek Commercial on 17.98± acres; located at the southwest corner of W. 167th Street and Mur-Len Road. Dan Fernandez, Planner II, appeared before the Planning Commission, summarizing the request, which is a rezoning from CP-2 and RP-3 to C-2 district, located at the southeast corner of 167th and Mur-Len Road. The proposed project consists of 12 commercial buildings that will include multi-tenant commercial and three drive-through restaurants, for a total of 90,300 square feet. Mr. Fernandez stated that all notification requirements have been met and a neighborhood meeting was held on June 12th. Mr. Fernandez added that new public streets will be built as part of this project and connect to 167th Street on the north and Mur-Len on the east. Right turn lanes are included at both entrances. City Traffic has reviewed a traffic study. Interior sidewalks will connect all interior uses and will eventually connect to sidewalks along all public streets. The landscape plan shows landscaping throughout the site. Residential zoning is to the south, requiring a buffer and a fence. Mr. Fernandez said all site design and building design requirements will be met per staff stipulations. All elevations are considered primary except for the southwest side, which is not visible to the public. Also, no waivers are requested with this application. Mr. Fernandez presented several color renderings of the buildings and noted architectural features and roof lines. He stated staff recommends approval of this application for several reasons, including site location, high-quality design, and meeting all requirements. Mr. Fernandez was available for questions. There were no questions for Mr. Fernandez. Chair Vakas opened the public hearing and asked the applicant to come forward. Jeff Skidmore with Schlagel & Associates, West 107th Street, Lenexa, approached the podium, appearing on behalf of Grata Development. Mr. Skidmore said they are in agreement with the stipulations and do not have anything to add. Comm. Sutherland asked about phasing of the construction. Mr. Skidmore stated construction will be user-driven, although they plan to develop from east to west. There were no further questions of the applicant. Chair Vakas asked if anyone else present wished to speak for or against this item. Benni Lipschuetz, West 168th Place, approached the podium. He had questions about type of businesses that will be coming in and whether zoning can be changed once construction starts. He also asked to define CP-2 and RP-3. Mr. Fernandez said the type of businesses will include a variety of commercial, retail and restaurants. He added that zoning and the plan are both being approved tonight. Any change to the zoning or plan after tonight would require a new application. Mr. Fernandez also defined CP-2 and RP-3. There being no one else who wished to speak, Chair Vakas called for a motion to Page 13 of 20

14 close the public hearing. Motion by Comm. Nelson, seconded by Comm. Fry, to close the public hearing. Motion passed 6-0. Comm. Nelson appreciates the beauty of the development and sees it as a really good fit for the area. Motion by Comm. Nelson, seconded by Comm. Fry, to recommend approval of RZ , for the following reasons: (1) The proposed development complies with the policies and goals of the Comprehensive Plan for Land Use (Principle LUCC and LUCC - 7.1). (2) The requested rezoning to C-2 district meets the Unified Development Ordinance (UDO) criteria for considering zoning applications. Comm. Nelson's motion included recommending that the following stipulations be included in the ordinance: (1) An updated Traffic Impact Study (TIS) shall be submitted with the Final Development Plan(s) demonstrating that the projected traffic won t cause additional delays at any public street intersection. (2) All street improvements shall be provided in accordance with the traffic impact study and as required by the City Engineer. Comm. Nelson's motion included recommending that the following stipulations be included in the final site development plan: (1) If the property is replatted to separate lots in the future, the lots shall meet minimum setbacks for the C-2 District. (2) All interior crosswalks shall be shown at the final development plan stage and shall be a decorative material for a more prominent appearance in lieu of painting per UDO requirements. (3) Additional evergreens shall be planted north of 168th Street and foundation landscaping shall be included on all primary elevations. All revisions shall be noted on the landscape plan submitted with the final site development plan. (4) A fence and/or berm shall be required on the property lines adjacent to residential properties per Landscape Buffer Type 5A requirements. (5) No landscaping shall be planted within utility easements. (6) Where possible, building mounted mechanical equipment shall not be located on an elevation facing a public street. If equipment needs to be located facing a public street, a masonry wall shall be used for screening. Motion by Commissioner Nelson, seconded by Commissioner Fry, that RZ be approved as stipulated. The motion carried by the following vote: Page 14 of 20

15 Vakas, Rinke, Sutherland, Fry, Munoz, and Nelson Page 15 of 20

16 D. PUBLIC HEARING RZ : Request approval for a rezoning from County IP-2 to M-2 District for Southview Properties on 6.11± acres; located in the vicinity of S. Keeler Terrace and S. Keller Street. Dan Fernandez, Planner II, appeared before the Planning Commission, summarizing this request. Applicant met with staff because they are interested in readjusting lot lines and possible future development. At that meeting, they learned that the property is zoned with County classifications. Therefore, in order for any development to take place, the applicant would need City zoning designations. Staff told the applicant that the City would like to rezone all County-zoned properties, but there is no timeline to do that at this point. Mr. Fernandez said the applicant took the initiative and submitted an application to go from County zoning designation to City zoning designation, which is M-2. Any future development would have to meet City design guidelines. Also, additions over 5 percent would need to come before the Planning Commission for review, as would any new development. Mr. Fernandez said staff recommends approval of this rezoning request and said it is consistent with the City's Comprehensive Plan. He was available for questions. Comm. Nelson asked if the streets were managed by County or City. Mr. Fernandez replied that the streets are public and managed by the City. Chair Vakas opened the public hearing and asked the applicant to come forward, but the applicant was not present. Mr. Fernandez suggested that the Planning Commission move forward with this application, noting that the request is simple and not complicated. However, the applicant will be present at the City Council meeting. There being no one else who wished to speak, Chair Vakas called for a motion to close the public hearing. Motion by Comm. Sutherland, seconded by Vice-Chairman Rinke, to close the public hearing. Motion passed 6-0. There was no further discussion. Motion by Vice-Chairman Rinke, seconded by Comm. Munoz, to recommend approval of RZ , for the following reasons: (1) The proposed development complies with the policies and goals of the Comprehensive Plan for Land Use (Principle LUCC - 1.1). (2) The requested rezoning to M-2 district meets the Unified Development Ordinance (UDO) criteria for considering zoning applications. Vice-Chairman Rinke's motion included recommending that the following stipulations be included in the ordinance: (1) The properties shall be replatted prior to any development. (2) Future developments are subject to Site Design Category 6 and Building Design Category F. (3) Preliminary site development plans and final site development plans shall be approved prior to any new additions or buildings Page 16 of 20

17 on the subject properties. Motion by Commissioner Fry, seconded by Commissioner Sutherland, that RZ be approved as stipulated. The motion carried by the following vote: Vakas, Rinke, Sutherland, Fry, Munoz, and Nelson Page 17 of 20

18 E. PUBLIC HEARING UDO : Unified Development Ordinance amendments to Chapters 18.30, and Aimee Nassif, Chief Planning and Development Officer, appeared before the Planning Commission to present updates to the Unified Development Ordinance, including Section 18:40 for procedures, plans and plats, and and 18.50, which involve quarries and mines. She reminded commissioners that was before them at the August 13th meeting and due to discussion on Chapter Section 18.40, the public hearing was held to allow additional community collaboration with staff. Staff collaborated with stakeholders and looked to other municipalities to see what they are doing in these two areas since that time. Ms. Nassif noted that the UDO updates continue to be a work in progress and community engagement and collaboration is ongoing. Discussions are ongoing regarding several sections, mainly focusing on expiration of preliminary plans and staff is looking for feedback before proceeding to City Council. Following Ms. Nassif's presentation, she said she was available for questions. Ms. Nassif also advised that staff is looking or feedback and input from the Planning Commission so that Staf can proceed to City Council to update them on all the community engagement, recommendation from the Planning Commission, and seek direction on how to proceed. Comm. Fry commended the City and staff for their efforts in trying to find compromises. Comm. Fry asked how this moved on to City Council. Ms. Nassif responded that tonight, staff is looking for a recommendation from the Planning Commission, which she will take to City Council. Comm. Fry asked Ms. Nassif to explain why the City want preliminary plans to expire. Ms. Nassif responded that all other plans and plats have an expiration timeframe, and it is a good way to have a touchpoint back to the community. Also, because codes are updated annually, it is important to make sure that new development meets current code standards. Comm. Fry asked if Ms. Nassif thought there was a reason it was written to not have an expiration date when the UDO was revised. Ms. Nassif responded in the early 1990s, preliminary plans expired in one year. Later, expiration dates were removed. Now, after looking at the community's vision, it is thought that they should include an expiration date. Vice-Chairman Rinke asked if someone who has a preliminary plan that doesn't expire will be grandfathered in the future. Ms. Nassif said there is no language to grandfather them however they can request an extension. Vice-Chairman Rinke asked about vibration standards for quarries. Ms. Nassif replied that existing special use permits are set at a.30. Comm. Nelson asked if other developments have been held up because of a development that has not begun yet. Ms. Nassif developers do watch to see what sort of development is happening throughout the municipality as they market and lease ground space. Chair Vakas opened the public hearing. Randy Kriesel, West 167th Street, approached the podium. Mr. Kriesel continues to be concerned about vibrations when blasting at the quarries. He stressed that the UDO amendments would not protect them from the effects of blasting. He closed by saying that the vibration change would be detrimental to the quality of life for those in his neighborhood. Ms. Nassif noted that Mr. Kriesel was correct, that one measurement is.75. David Waters, Attorney, Lathrop Gage Law Firm, appeared on behalf of the Hamm Company, which operates two quarries. He and his clients support staff's recommendations and thanks them for making stakeholders a part of that process. Chair Vakas asked if vibration standards were lowered, what the impact would be in the blasting schedule. Mr. Waters said the lower the standard, the more blasting Page 18 of 20

19 would need to occur. Pete Heaven, Attorney, 9401 Indian Creek Parkway, Overland Park, appeared on behalf of Rodrock Homes, Rodrock Development, Prieb Homes and Blakeley Development. Mr. Heaven suggested that the proposed amendments won't accomplish what the staff believes they will. He believes the results will be catastrophic. He said the language in the current UDO works perfectly. Mr Heaven expressed concern with several updates included in Section including the expiration of preliminary plans and the updated language for final plats. Comm. Munoz asked Mr. Heaven if, in summarizing his comments, he wished to keep the UDO language the same. Mr. Heaven said yes. Harold Phelps, Phelps Engineering, 1270 North Winchester, Olathe, approached the podium. He appreciated Mr. Heaven's comments and believed he outlined the major concerns of the development community. He notes that if the ordinance is passed, it would create work for engineers, but they want to support their clients, helping them get the best plan that works for everyone. Travis Schram, President, Grata Development, S. Belmont Street, Olathe, approached the podium. He addressed the process and said it feels like there is a rush in the timetable. He does not feel this issue is ready to go to City Council. He is concerned about continuing to develop in Olathe. He does not want expirations on plans to change. Comm. Fry asked Mr. Schram to explain his objections. Mr. Schram said each phase needs to be a stand-alone development, which would eliminate the need for phasing, in general. Ms. Nassif said the area Comm. Fry is talking about exists in code today and is not being changed. Preliminary plats in excess of 40 acres are required to have a phasing plan. The code change defines what a phasing plan means. Comm. Fry is trying to understand if that change is supported by the development community. Ms. Nassif said the change is that preliminary plans have a phasing plan, as well, so as to have the ability to anticipate what is to come. Chair Vakas called for a motion to close the public hearing. Motion by Vice-Chairman Rinke, seconded by Comm. Sutherland, to close the public hearing. Motion passed 6-0. Vice-Chairman Rinke noted that many of the comments received this evening are from residential developers. He asked Ms. Nassif if the same rule applied to commercial developers. Ms. Nassif said it does. Mr. Rinke asked if there are issues with both commercial and residential, and if the proposal would only apply to commercial developers and leave existing rules in place for residential. Ms. Nassif recommended that the rules be consistent as much as possible for both the residential and commercial developers. Comm. Nelson asked Ms. Nassif to speak to the issue of conforming to the UDO versus conforming to the municipal code. Ms. Nassif said currently, other sections of the UDO state that those documents shall adhere to a certain section or sections of the UDO. For final plats, that is the only document that doesn t reference that it should adhere to the UDO, which is why that language was being added. Comm. Fry said he struggles with the purpose of the amendments and whether they are worth the potential detrimental effects. He is not comfortable moving the amendments on to City Council and proposes striking UDO amendments B and A and B. Vice-Chairman Rinke said he is not comfortable voting to approve if such a motion is made to that effect. Regarding the quarry, Vice-Chairman Rinke said he is comfortable leaving it at.02. Comm. Nelson asked if there have been other neighbors who have expressed concern about the quarries and blasting. Ms. Nassif responded that there has been feedback from a variety of stakeholders over the last several months. Chair Vakas noted that this conversation has been going on for many months and Page 19 of 20

20 appreciates the collaboration between the development communities and quarry operators and City staff. He is not uncomfortable with the proposal as submitted but believes there are issues on the exploration of preliminary site development plans. He believes City Council needs to weigh in on that issue. Personally, he would like to send something forward to City Council, with the understanding that it's going to Council for discussion, not necessarily approval or disapproval. Comm. Sutherland had a question about B regarding phasing plans. He asked if a developer would have to come back if a phasing plan changed. Ms. Nassif said there is no information in the UDO that explains what a phasing plan is. She said it is not the intent for them to have to come back unless the plan itself changed. Comm. Nelson feels that this issue has reached an impasse and the potential to bring to conclusion is non-existent at this level. Chair Vakas called for a motion. Motion by Comm. Fry, seconded by Comm. Sutherland, to recommend approval of UDO , per staff recommendations, as amended: Staff recommends approval of the proposed amendments to the Unified Development Ordinance (UDO), as detailed in the attached UDO Amendments Exhibit for the following Chapters and associated subsections herein: , , , , and Motion includes striking staff recommendation B and staff recommendation A and B. Comm. Nelson is concerned that Comm. Fry is striking a recommendation, not language. Motion by Commissioner Fry, seconded by Commissioner Sutherland, that UDO be approved as amended. The motion carried by the following vote: Vakas, Sutherland, Fry, and Munoz No: Rinke, and Nelson ANNOUNCEMENTS Chair Vakas noted that the next Planning Commission meeting is scheduled for Monday, November 26th at 7:00 p.m. Aimee Nassif, Chief Planning and Development Officer, noted that October is National Community Planning Month. She also thanked everyone who participated in the strategic plan meeting this evening. She also noted that there is a training session about new packets on December 4th and a joint Planning Commission and City Council meeting on November 1st. ADJOURNMENT Meeting adjourned at 9:20 p.m. Page 20 of 20