[0:03] >> like to call the meeting to [0:05] order. [0:06] please join me in the pledge of [0:07] allegiance. [0:09] >> I pledge allegiance to the [0:10] flag of the united states of [0:11] america and to the republic, for [0:12] which it stands, one nation, [0:13] under god, indivisible, with [0:14] liberty and justice for all. [0:32] >> we begin and acknowledge we [0:33] have a quorum of planning [0:35] commissioners present with seven [0:37] of nine commissioners in [0:39] attendance. [0:40] commissioner corcoran and [0:41] seeling were unable to join this [0:43] evening. [0:44] I want to thank everyone in the [0:46] chamber and watching online for [0:47] attending this meeting. [0:49] planning commission meetings are [0:51] a important part of the process [0:52] for interpreting and applying [0:54] the city comprehensive plan and [0:56] the unified development [0:57] ordinance. [0:59] it is important the meetings are [1:02] conducted with dignity and [1:03] respect and applies to every [1:04] person in attendance. [1:07] we strive to provide where ideas [1:10] in held in the regard. [1:13] the actions are ultimately under [1:16] the responsibility of the city [1:17] council. [1:18] as a planning commissioner, we [1:19] are here to help the council as [1:20] the elected representatives to [1:22] be fully informed so they can [1:24] make the best choices for our [1:25] city. [1:27] by statute, the planning [1:28] commission strives not to engage [1:31] with any parties with the issue [1:33] prior to the meeting. [1:34] should the interaction take [1:35] place as a result of a business [1:36] relationship or any other [1:38] interaction, referred to as ex [1:41] parte communication, [1:42] commissioners will report that [1:43] interaction when we reach that [1:45] item in the agenda. [1:47] we'll move to the consents [1:49] agenda. [1:50] this evening we have four items [1:51] on consent. [1:53] consent agenda items are listed [1:55] and considered routine by the [1:57] planning commission and may be [1:58] approved in one motion. [2:00] there is no public hearing on [2:01] any of these issue and no [2:06] discussion unless an item is [2:08] removed from the consent agenda. [2:13] commissioners anything that [2:14] needs to be pulled for [2:15] additional information or [2:16] questions of staff? [2:18] >> mr. Chairman, I like to pull [2:22] item b. [2:23] >> okay. [2:26] commissioner bergida pulled item [2:31] b from consent agenda. [2:32] anything else? [2:33] if not, I will entertain a [2:35] motion on the remaining three [2:36] items. [2:38] >> mr. Chair, I move to approve [2:39] items a, c and d on consent [2:43] agenda. [2:44] >> thank you. [2:45] all in favor say aye. [2:46] opposed, nay. [2:48] that motion passes 7-0. [2:53] commissioner bergida. [2:56] >> thank you mr. Chair. [2:57] quick question for staff. [3:03] first off, thank you for all the [3:05] materials that you pulled [3:07] together on this. [3:08] I just had one quick question. [3:10] on the animal shelter, I [3:14] understand last year we approved [3:16] it for $25 million and current [3:18] balance is $14 million on that. [3:20] has $11 million been spent or [3:24] what is the status on that? [3:25] >> yeah, so the total proposed [3:27] project amount for the animal [3:29] shelter is revised from $25 [3:30] million to $19 million. [3:33] >> was there cost savings that [3:35] came into play or why the [3:36] reduction? [3:37] >> we are currently reevaluating [3:39] the project in entirety, and [3:42] probably will provide further [3:43] details at a later date. [3:45] >> okay. [3:46] thank you. [3:48] for the record, I just based on [3:51] our conversation we had couple [3:54] weeks ago with the starfish [3:55] project, I just like the record [3:57] to show for council, there is a [3:58] lot of folks that are going [4:00] through a tough time right now [4:01] and so, I appreciate staff [4:04] making those adjustments and [4:06] encourage council to even make [4:08] more if possible on that [4:10] particular item. [4:12] thank you. [4:13] >> thank you. [4:15] we did have pulled for [4:17] discussion. [4:18] we'll have a roll call vote on [4:19] that. [4:21] if I entertain a motion, please. [4:26] >> mr. Chair, I move to approve [4:27] item b on the consent agenda. [4:30] >> thank you commissioner breen. [4:31] second? [4:32] >> second. [4:33] >> thank you. [4:36] [roll call] [4:45] >> motion passes 7-0. [4:48] >> thank you. [4:49] we'll move to our regular [4:50] business. [4:53] we have six scheduled public [4:55] hearings. [4:56] however, the first four public [4:58] hearings this evening are [5:00] continuance has been requested. [5:02] when a continuance is scheduled, [5:04] the public hearing will not be [5:06] opened. [5:07] comments, recommendations or [5:08] analysis on the cases are not [5:11] provided for or discussed until [5:13] the public hearing takes place. [5:15] this process insures anyone [5:17] interested in the case has the [5:19] opportunity to participate. [5:21] we'll go through the process on [5:23] each one and a continuance is [5:25] requested to future planning [5:27] commission meeting for [5:32] rz26-0010. [5:33] is there a motion on this item? [5:37] >> so moved. [5:38] >> thank you commissioner [5:39] terrones. [5:40] >>b second. [5:43] >> thank you commissioner breen. [5:44] all in favor say aye. [5:45] opposed, nay. [5:46] that motion passes 7-0. [5:49] move to item b, continuance also [5:52] requested to future planning [5:53] commission meeting for [5:58] rz26-0011. [5:59] is there a motion on this item? [6:00] >> so moved. [6:01] >> thank you commissioner [6:02] chapman. [6:03] a second? [6:04] j [6:05] >> second. [6:07] all in favor say aye. [6:09] opposed, nay. [6:11] that motion passes 7-0. [6:13] moving to number 3, rz26-0013, [6:18] continuance is requested to [6:19] future planning commission [6:20] meeting. [6:21] is there a motion on this item? [6:23] >> so moved. [6:24] >> thank you commissioner [6:25] bergida. [6:26] second? [6:27] >> second. [6:28] >> thank you commissioner [6:29] chapman. [6:30] all in favor say aye. [6:31] oppose, nay. [6:32] that motion passes 7-0. [6:35] item d, su2600007 continuance [6:42] requested. [6:43] motion on this item? [6:45] >> so moved. [6:46] >> thank you commissioner breen. [6:47] second? [6:48] >> second. [6:49] >> thank you commissioner [6:50] bergida. [6:51] all in favor say aye. [6:52] opposed, nay. [6:55] that motion passes 7-0. [6:57] thanks for sitting through that [6:58] with us. [7:00] we'll now move on prior to the [7:02] next two public hearings, mrs. [7:04] hollingsworth will join us for a [7:05] brief introduction. [7:10] >> alright. [7:11] thank you commissioners. [7:15] thank you commissioners. [7:16] kim hollingsworth planning and [7:18] development manager. [7:19] before we get into the next two [7:20] rezoning applications, I will [7:23] provide a high level [7:24] introduction, overview. [7:27] we saw this as a great [7:28] opportunity since we recently [7:30] adopted the comprehensive plan, [7:32] elevate olathe and the [7:34] interrelatedness of the cases [7:37] which is somewhat unique y. Will [7:38] start with history on zoning. [7:39] on the left you will see 1998 [7:43] rezoning and so, this is a 314 [7:46] acre area that I am going to [7:49] call the sunnybrook area. [7:50] it was rezoned to these [7:52] districts you see on the left in [7:54] 1998. [7:55] significant business park. [7:57] I will circle approximately the [7:59] subject properties that we are [8:01] talking about this evening are [8:03] within the business park area. [8:05] you can see over time there has [8:07] been a lot of rezoning activity, [8:09] away from business park and also [8:11] a variety of residential [8:13] districts have been introduced. [8:15] you can see that progression [8:17] over time. [8:18] also, I really want to note on [8:20] business park that zoning [8:22] district really is mainly [8:24] comprised of flex space, [8:27] warehousing, light [8:29] manufacturing, office is a [8:30] component of it, but with the [8:32] current market we are seeing [8:33] less office development, so over [8:35] time we progressed away from [8:38] that district in this area. [8:41] I will move to the the [8:42] comprehensive plan. [8:43] this is elevate olathe [8:44] comprehensive plan just adopted [8:46] in april and I want to talk [8:47] about the case 7 subarea. [8:50] this is a particular area in the [8:52] plan. [8:53] we did engagement on the [8:54] comprehensive plan over two year [8:55] period, very extensive community [8:57] engagement in person, online and [9:00] at events and held specific open [9:02] house and engagement online [9:04] events related to this subarea [9:07] so we looked at case 7, know [9:09] there is a lot of development [9:11] opportunity. [9:12] we wanted to look at a more [9:13] refined land use plan, place [9:14] making opportunities and some of [9:16] the key elements that we will [9:18] talk about this evening are [9:20] looking at complete [9:21] neighborhoods, building [9:22] residential with commercial, [9:25] perhaps vertical mixed use [9:27] buildings. [9:28] cohesive life style centers, [9:31] opportunity for commercial [9:35] arterials, maybe entertainment [9:37] and parking when you integrate [9:39] the uses together. [9:40] a range of multifamily and [9:41] higher density housing that [9:44] transition to surrounding [9:46] neighborhoods. [9:47] these were talked about in the [9:49] comprehensive plan update and in [9:52] the document. [9:53] we are talking about this area [9:54] mixed use. [9:55] mix of uses really. [9:57] so, just one thing to note, this [9:59] is the only area out of all [10:02] these brown shaded mix of use [10:04] areas that already has active [10:07] recent construction, or [10:10] developments reviewing through [10:11] the construction process. [10:13] already has development [10:14] approvals and now going through [10:15] building permit review, so we [10:17] see it as somewhat unique that [10:19] developments started prior to [10:21] plan adoption and then when you [10:23] get to the other subareas, those [10:25] could have approved [10:26] developments, but not actively [10:31] under construction now. [10:32] getting closer to the property, [10:34] mixed use. [10:35] so, we'll get into the specific [10:37] of the development cases but you [10:39] see referenced on the screen and [10:41] location in the mixed use area. [10:43] what mixed use means is, looking [10:46] at stratified uses, so mix of [10:49] residential, commercial, [10:52] employment opportunities within [10:53] a larger development area, often [10:55] pedestrian oriented design so [10:58] meant to integrate transition [11:00] between the land uses. [11:01] we also added a vertical mix use [11:04] overlay in the comprehensive [11:05] plan. [11:06] these are areas where vertical [11:08] mixed use, so commercial ground [11:10] floor with residential or office [11:13] above is encouraged by the [11:15] comprehensive plan. [11:17] we know over time we will [11:18] continue to evaluate this [11:20] overlay. [11:21] there is portions of it that [11:22] have already been through the [11:23] development process here. [11:24] but this is another layer of the [11:26] case subarea. [11:29] so, really I want to hone in on [11:31] this concept plan briefly. [11:33] there were two different [11:35] development teams that worked on [11:38] this together. [11:39] this is somewhat unique and do [11:41] not see this all the time. [11:42] we have two development teams [11:45] submit around the same time, go [11:46] through the development review [11:47] process together, coordinate [11:49] with staff back and forth on [11:51] changes to the plan and really [11:54] did joint neighborhood meeting, [11:55] which we'll highlight later, so [11:57] it is somewhat unique and really [11:59] these two cases are interrelated [12:01] in how they relate to the [12:03] comprehensive plan. [12:04] they are inner-dependent with [12:07] each other to align with the [12:08] comprehensive plan so talked [12:10] about the development teams you [12:11] need to progress together. [12:12] they are more then willing to [12:16] work through the development [12:17] process so that unique aspect I [12:19] wanted to highlight. [12:20] finally I want to talk why we [12:21] are here. [12:25] we will be honing on the zoning [12:26] district. [12:27] so, two things we look at are [12:29] zoning and preliminary plan. [12:32] with the zoning district we are [12:34] looking at conformance with the [12:37] comprehensive plan, land use [12:38] analysis, dimensional standards. [12:40] both of the development teams [12:46] submitted conceptual plan. [12:50] there is a process where it [12:51] comes back through, revised [12:54] preliminary plan which the [12:55] planning commission is familiar [12:56] with and you see it another [12:58] time. [12:59] to make sure it conforms with [13:00] all the udl requirements and [13:04] gets the full vetting so honing [13:06] in on the zoning district [13:08] related. [13:09] that is just a brief overview. [13:11] wanted to talk about really [13:12] ahead of getting into the [13:14] development applications. [13:15] I will turn it over right array [13:17] to mrs. Vande velde to talk [13:22] about the request for college [13:23] and sunnybrook commercial [13:25] development southwest of college [13:27] and lone elm. [13:31] >> thank you, kim. [13:33] mrs. Vande velde. [13:36] >> thank you. [13:37] taylor vande velde, planner 2. [13:39] this is a request for rezoning [13:41] for rz26-0009 to rezone 11 acres [13:47] shaded in yellow to the c2 [13:49] commercial district, which [13:51] includes a conceptual [13:53] preliminary site development [13:54] plan for a commercial [13:55] development located southwest of [13:57] college and lone elm on the [13:59] screen. [14:00] as kim mentioned, the applicant [14:02] is working with the adjacent [14:03] residential application shaded [14:06] just directly south of the [14:08] property to create a more [14:09] connected and mixed use [14:11] development to align with the [14:12] future land use map we just went [14:14] through. [14:17] the subject property does front [14:19] college boulevard as shown on [14:21] the screen, and the same [14:24] developer has recently worked to [14:26] develop this site in conjunction [14:29] with the previously approved [14:33] dillans grocery to the east. [14:35] the proposal is continuation of [14:37] the complementary commercial [14:40] uses, including restaurants, a [14:42] bank and conceptual retail as [14:45] well. [14:47] the existing zoning is bp [14:49] business district, which allows [14:51] for various office and light [14:54] industrial uses, such as office [14:57] and light manufacturing and flex [14:59] spaces. [15:00] the applicant is requesting to [15:01] rezone to the c2, commercial [15:04] district to allow more [15:06] commercial uses that better [15:07] align with the recent dylan [15:12] rezoning and development to the [15:13] east. [15:14] staff is recommending several [15:17] land use restrictions with which [15:19] mostly align with the restricted [15:21] uses from the recent dillans [15:24] rezoning. [15:25] in addition to several more [15:26] intense uses that conflict with [15:28] the future land use designation. [15:30] the applicant is agreeable with [15:32] the recommended list. [15:37] the site is designated mixed use [15:39] and vertical mixed use hatched [15:41] in black near college boulevard. [15:45] as designated on the elevate [15:46] olathe future land use map. [15:50] this brings together mix of [15:51] commercial uses in connection [15:53] with the residential to the [15:55] south, meeting the mixed use [15:57] designation. [16:01] while the proposal does not [16:02] align directly with the [16:03] preferred vertical mixed use, [16:05] the requested c2 district and [16:07] conceptual plan provided this [16:09] evening does align with several [16:11] key strategies of the elevate [16:14] olathe comprehensive plan [16:15] related to land use and econom [16:17] ic development to encourage [16:19] density and provide neighborhood [16:21] commercial as well. [16:26] the applicant have worked [16:28] together to provide overall [16:29] concept plan, which kim just [16:31] shared. [16:32] this plan provides shared [16:34] amenities such as a public plaza [16:36] area shown on the screen, as [16:39] well as a shared trail [16:42] connection connecting from the [16:44] existing meadow lane trail to [16:48] sunnybrook boulevard. [16:52] so, the developer for this [16:54] application provided a [16:55] conceptual plan, which shows [16:57] four commercial buildings along [16:59] college and sunnybrook [17:01] boulevard. [17:02] the plan also has three proposed [17:04] access drives off sunnybrook [17:06] boulevard as well as internal [17:08] connection connecting to the [17:10] south. [17:11] all of which meet the city [17:12] access management plan. [17:14] as this is conceptual to [17:16] establish zoning as kim [17:18] mentioned, no wavers are [17:19] necessary at this time and [17:21] revised preliminary site [17:23] development plan will be [17:24] required to further evaluate the [17:28] additional site details. [17:31] the applicant met all public [17:33] notice requirements, including a [17:34] neighborhood meeting. [17:36] as the request of staff, the [17:39] applicant held a joint meeting [17:40] with the residential [17:43] application. [17:44] well attended with approximately [17:45] 50 attendees. [17:48] topics related to this specific [17:49] case including traffic, access, [17:51] timeline and other similar [17:53] questions, which the applicant [17:54] responded to during the meeting. [17:57] no additional correspondence [17:59] received related to this [18:00] specific case. [18:04] staff does recommend approval of [18:05] the requested c2 zoning district [18:08] with the restricted uses listed [18:12] here, as well as stipulation [18:14] requiring the revised [18:16] preliminary plan. [18:17] the case will proceed to the [18:18] september 15 city council [18:20] meeting and the applicant will [18:22] provide a brief presentation as [18:24] well. [18:51] >> is the applicant doing a [18:53] presentation? [18:54] >> yes. [18:55] >> state your name for the [18:56] record. [18:57] my name is melissa with rouse [18:59] frets white located at 5250 west [19:03] 116 place, suite 400, leewood [19:06] kansas here on behalf of my [19:09] client atwater group to present. [19:14] with me today is my partner [19:17] greg. [19:18] sonny cardamore the purchaser [19:22] and developer of the property [19:23] and tom barnes civil engineer. [19:26] this request involves [19:28] approximately 11 acres of [19:30] college and sunnybrook from the [19:33] recently approved dillons store. [19:36] the application here is brought [19:37] by the same developer as the [19:39] dillons store and the [19:41] application is for the [19:42] commercial lots only and [19:44] separate from the adjacent [19:46] multi-family that follows. [19:49] as staff mentioned, the property [19:52] is currently zoned bp business [19:54] park and proposed to be rezoned [19:56] to c2 community center. [19:57] the rezoning is consistent with [20:01] it dillons grocery store and [20:06] shops at sunnybrook. [20:08] the concept plan will provide [20:09] for traditional complement ary [20:12] retail service uses, and the [20:14] preliminary final plan will be [20:16] to follow. [20:17] by way of background, staff [20:19] covered some of this, but it has [20:21] been zoned as business park for [20:23] over 25 years. [20:27] the time has taken quite a while [20:29] to develop this particular site, [20:30] despite development nearby and [20:32] active efforts to market it. [20:34] it is a challenging site with [20:36] significant slope and rock, [20:38] which I just made into one word. [20:41] the site has also been planned [20:44] along with the dillons grocery [20:46] store to be complementary [20:49] out-lots you would see to serve [20:51] the same users as the dillons [20:53] grocery store. [20:54] however, the dillons was planned [20:56] under the old comprehensive plan [21:02] and the adoption of elevate [21:05] olathe these have been caught in [21:06] the change of the plan. [21:12] the concept plan reflects the [21:15] small scale commercial uses [21:17] which are supported by the [21:18] comprehensive plan as well. [21:20] we worked with staff to both [21:23] improve walkability and [21:25] compatibility to bridge the [21:27] difference between the site [21:28] design standards of the dillons [21:30] and this particular site. [21:34] the neighboring properties, [21:36] largely commercial and [21:38] institutional. [21:39] across college boulevard is the [21:41] institutional uses. [21:45] olathe campus. [21:46] to the east will be the dillons [21:48] and fuel center. [21:49] to the west is meadow lane trail [21:51] and residential homes. [21:54] on the other side of this tree [21:56] buffer here, and to the south is [21:59] the proposal that is before you [22:01] tonight after this one for [22:04] multifamily. [22:06] through the concept plan you can [22:07] see there are two single story [22:09] buildings that are fronting [22:12] along college boulevard and two [22:14] additional buildings proposed [22:15] further south. [22:16] anticipated uses may involve a [22:18] quick serve restaurant, [22:20] financial institution, sit down [22:23] restaurant, medical or dental [22:24] services and other retail and [22:26] service uses, depending on [22:28] market demand. [22:30] you can also see that the [22:31] stormwater detention has been [22:33] proposed on the west side to [22:34] provide more separation from [22:36] residential as well. [22:38] importantly, the plan is refined [22:40] through coordination with staff, [22:42] including moving the buildings [22:44] closer to college boulevard and [22:46] creating a plaza seating area [22:48] between the buildings. [22:51] you can see little more about [22:53] how the buildings have been [22:56] brought forward here to be [22:57] consistent with other uses along [22:59] college boulevard and that is [23:01] further refined through the [23:02] preliminary plan process. [23:03] this just shows more about the [23:05] natural buffer between the [23:07] properties to the west and this [23:09] property with that significant [23:10] tree line and trail, which will [23:14] be preserved to the extent [23:15] possible and tree preservation [23:17] plan and more detailed [23:18] stormwater facilities provided [23:20] at the preliminary plan stage. [23:23] there has been professional [23:25] traffic study submitted and [23:27] reviewed by city olathe traffic [23:29] division. [23:31] the sunnybrook boulevard will be [23:33] extended to provide access to [23:35] the site at the developer [23:37] expense. [23:38] meets the city access management [23:39] plan and no additional roadway [23:41] improvements are required. [23:43] these are some conceptual [23:44] elevations, again further [23:46] refined as it goes through the [23:47] process of the preliminary plan, [23:49] but it has been designed to be [23:51] consistent with the look and [23:52] feel of the dillons site as [23:54] well. [23:56] the property meets the criteria [23:58] for rezoning. [24:00] it meets the comprehensive plan [24:03] preferred small scale commercial [24:04] uses. [24:05] it is compatible with the [24:07] surrounding zoning and land use [24:11] and more suitable for the long [24:12] vacant site then the current bp [24:14] zoning. [24:15] the buildings will be consistent [24:17] with neighboring buildings and [24:19] should fit well with the shops [24:21] at sunnybrook. [24:23] this is appropriate practical [24:25] rezoning, it supports the [24:27] billons and helps to bring [24:28] commercial uses to along vacant [24:31] site. [24:32] appreciate staff recommendation [24:33] of approval. [24:34] we agree to the stipulations and [24:36] we thank you for your time. [24:37] we are happy to answer any [24:39] questions you have this evening. [24:40] thank you. [24:41] >> thank you for being here. [24:44] commissioners, do you have any [24:46] questions for staff or the [24:47] applicant on this issue? [24:50] commissioner bergida. [24:51] >> thank you mr. Chairman. [24:52] seems like a great project. [24:55] what does changing it to [24:58] commercial allow you all to do [24:59] with your current plans that you [25:02] can't currently do under [25:03] business park? [25:04] >> the business park has very [25:06] limited retail and service uses [25:09] that are permitted. [25:10] I think staff can go into more [25:11] detail, but really business park [25:13] is meant more for-it is a light [25:16] industrial employment center [25:18] kind of use, so it is really [25:20] typically more manufacturing, [25:22] assembly, those type of light [25:25] industrial with a little office [25:27] and the retail and service is [25:29] really just a side note where [25:33] certain amounts that can be [25:35] included, but not the focus of [25:37] the district. [25:38] >> it isn't necessarily design [25:39] requirements, but usage [25:42] requirements, correct? [25:43] >> I think it is combination, [25:45] but the dillons site we were [25:46] asked to rezone that and have [25:49] continued to do the exact same [25:51] zoning for this one. [25:52] it is also consistent with [25:53] several other of the lots along [25:55] the shops sunnybrook as well. [25:57] there is a portion of it that is [25:59] still bp but a lot have been [26:01] rezoned to c2 as well. [26:03] >> thank you. [26:05] >> any additional questions? [26:08] commissioner terrones. [26:10] >> thank you for your [26:11] presentation. [26:12] just a quick question. [26:14] this new development won't cause [26:16] a delay in the construction of [26:19] the dillons store? [26:20] >> no. [26:21] it has been planned all along [26:23] alongside the dillons. [26:25] it is actually part of the same [26:29] development through the same [26:30] developer so approval will not [26:32] delay dillons. [26:33] >> thank you. [26:34] >> you're welcome; [26:35] >> any additional questions from [26:37] commissioners? [26:40] thank you for being here. [26:41] >> thank you. [26:43] >> we'll move to the public [26:45] hearing and I open the public [26:46] hearing. [26:47] for this public hearing, we [26:49] don't have anybody signed up. [26:52] I will now close the public [26:57] hearing. [26:58] if I can have a motion, please. [27:00] >> so moved. [27:01] >> thank you commissioner [27:02] bergida. [27:03] second? [27:04] >> second. [27:05] >> thank you commissioner breen. [27:06] all those in favor closing the [27:07] public hearing say aye. [27:09] >> aye. [27:11] >> opposed, nay. [27:12] passes 7-0. [27:15] is there any additional [27:16] discussion needed for this item? [27:20] if not, I call for a motion on [27:22] rz26-0009. [27:26] >> mr. Chair, I move for the [27:27] approval of rz26-0009 with all [27:32] stipulations as recommended by [27:34] staff. [27:35] >> thank you commissioner [27:36] bergida. [27:37] second? [27:38] >> second. [27:39] >> thank you commissioner [27:40] terrones. [27:41] mrs. Will, if you will, please. [27:43] [roll call] [27:52] >> motion passes 7-0. [27:56] >> okay. [27:57] moving to the 6 and final public [27:58] hearing. [27:59] request for approval of rezoning [28:00] for college and sunnybrook [28:02] multifamily located southwest of [28:04] college and south valley [28:06] boulevard. [28:07] mrs. Vande velde will present [28:09] the case. [28:22] >> okay. [28:24] thank you. [28:25] good evening. [28:26] taylor vande velde planner 2. [28:29] continuation of the discussion, [28:33] request to rezone rz26-0006 to [28:37] rezone 20 acres to r3 [28:40] residential district with a [28:42] conceptual plan for multifamily [28:44] development southwest of college [28:46] and lone elm. [28:49] the site is located just south [28:51] of the previously presented [28:53] commercial application along [28:55] sunnybrook boulevard. [28:57] the site is also zoned to the [29:00] bp, business district, which [29:01] allows for the same uses I [29:03] mentioned before. [29:04] office, warehouses, light [29:06] manufacturing and flex spaces, [29:07] which are permitted by right. [29:09] the surrounding area developed [29:11] with a mix of commercial and [29:13] residential zoning districts, [29:15] including single family, [29:17] duplexes and are attach [29:21] multifamily providing variety of [29:23] land uses around the surrounding [29:24] area. [29:25] the existing bp zoning district [29:28] is higher intensity district and [29:30] permits buildings up to 12 [29:32] stories and no longer compatible [29:34] with how the area has developed [29:36] out in recent years. [29:41] that shows all the existing [29:43] zoning districts and the [29:45] requested district. [29:49] rezone to r3, low density [29:52] multifamily district to allow [29:53] the construction of 333 [29:55] residential units with density [29:58] of 16.65 dwelling units per [30:01] acre, which permitted in the [30:03] third column of the r3 district. [30:07] the site is also designated as [30:10] mixed use on the elevate olathe [30:12] future land use map which [30:17] includes commercial and [30:19] residential use. [30:20] the proposal aligns with mixed [30:22] use designation supporting [30:25] apartments and townhomes in a [30:29] pedestrian oriented development [30:30] as well. [30:32] more specifically, this area is [30:34] identified in the subarea plan [30:39] of the elevate olathe [30:41] comprehensive plan as a [30:42] opportunity site, which [30:43] prescribes commercial near [30:45] college and supports denser [30:47] housing types such as multi-plex [30:50] and apartments more internal to [30:52] the site behind the commercial, [30:54] which this proposal also aligns [30:55] with. [30:57] the development is also [30:58] connecting to the meadow lane [30:59] trail, which is in direct [31:01] alignment with the trails and [31:03] greenways plan as well as the [31:05] comprehensive plan as well. [31:10] the requested r3 district also [31:12] meets several policies of the [31:14] comprehensive plan by supporting [31:16] a range of housing options with [31:17] the apartments and townhomes in [31:21] close proximity to commercial [31:26] service and provided appropriate [31:27] transition to the residential [31:28] uses. [31:31] the overall plan we have seen [31:33] before, but more specifically to [31:35] this site, it is providing quite [31:38] a few pedestrian connections and [31:40] public amenity spaces as well. [31:43] as shown here. [31:44] the big one being the direct [31:45] connection to the existing trail [31:47] to sunnybrook boulevard. [31:51] the site is proposing 9 [31:53] apartment buildings and 6 [31:55] townhome buildings, which are [31:56] situate more on the southern [31:59] property edge there. [32:00] they provide a private amenities [32:02] such as a club house, dog park [32:04] and active open space [32:10] conceptually throughout the [32:11] site. [32:12] this plan has two access drives [32:13] on sunnybrook boulevard and [32:15] internal drive to the north [32:16] commercial street or rezoning [32:18] that we just heard. [32:21] no wavers are being considered [32:22] with this application, however, [32:25] similar to the previous one, we [32:26] are requiring a revised [32:29] preliminary site development [32:30] plan to go through further site [32:31] details. [32:34] the applicant met all public [32:36] notice requirements, including [32:37] the neighborhood meeting, same [32:40] 50 attendees, however related to [32:42] this particular application, [32:44] recollect there were quite a few [32:46] concerns of traffic congestion, [32:50] safety, noise, lighting, [32:51] building heights, which the [32:53] applicant responded to. [32:55] staff also received additional [32:57] correspondence, which are [32:59] outlined in the packet, [33:00] including a petition from [33:02] neighborhood residents, [33:04] including about 37 signatures as [33:07] well. [33:08] so, staff responded to the [33:10] direct correspondence and public [33:14] notice requirements were met. [33:16] with all of the feedback from [33:18] traffic, we wanted to include a [33:20] little bit more information [33:22] within the presentation to [33:23] outline some of those [33:25] improvements which melissa [33:27] already covered a little bit of, [33:29] but the overall plan here is [33:32] generally outlining the overall [33:34] traffic improvements with the [33:37] extension of sunnybrook [33:38] boulevard from 113 street up to [33:40] college boulevard, which will be [33:42] a signalized intersection as it [33:44] is now. [33:46] the commercial development is [33:48] also providing the appropriate [33:49] turn lanes into sunnybrook [33:51] boulevard and also into the [33:54] sites as well, and adding a [33:56] middle turn lane down sunnybrook [33:58] boulevard to accommodate [34:00] existing traffic from the [34:02] existing and proposed [34:04] developments shown here. [34:08] staff does recommend approval of [34:09] the rezoning to the r3 district [34:12] with no stipulations and also [34:14] requires revised preliminary [34:16] site development plan. [34:18] this case proceeds to the [34:19] september 15 city council [34:21] meeting and the applicant just [34:23] has a few words to provide to [34:25] you all and we are available for [34:26] questions. [34:29] >> thank you taylor. [34:35] please state your name and [34:36] address for the record. [34:38] >> good evening. [34:39] my name is kurt peterson, 900 [34:42] west 48 west of kansas city [34:45] missouri here with chris from [34:48] platform the applicant and matt [34:52] the civil engineer at [34:54] kimley-horn. [34:56] with a staff report like that [34:57] and taylor's presentation, the [35:01] last thing to do is go over [35:02] details so will limit to three [35:06] bullet points because we worked [35:08] with a long time, staff worked a [35:11] long time and this is from our [35:12] perspective if you told me I had [35:14] three bullet points, here is [35:16] what I would say. [35:17] first, this is a down-zoning as [35:19] taylor did a good job [35:22] describing. [35:23] a significant down-zoning. [35:24] something that can have up to [35:27] 144 feet, so this is significant [35:29] down-zoning from bp to r3. [35:32] point two is we really believe [35:33] this is a reasonable and quality [35:35] and traditional transition from [35:38] commercial to the north, future [35:40] commercial we just heard about, [35:41] commercial to the east, to the [35:44] residential to the south and [35:45] southwest, including but not [35:47] limited to the extensive tree [35:50] preservation. [35:51] we didn't highlight that much [35:52] but you are looking at the [35:53] aerial and seeing how much trees [35:55] to the west and tree stand to [35:57] the south when we are done. [35:59] extensive tree preservation. [36:01] the third point and say the most [36:03] important point is the [36:04] consistency with any project of [36:07] scale, there is something that [36:09] is inconsistent with the comp [36:11] plan goals or something to [36:12] discus, but here in all ways as [36:14] taylor emphasized in writing and [36:16] verbally tonight we are [36:17] consistent with elevate olathe [36:19] and udo, whether pedestrian [36:21] oriented with the trail [36:23] connection or sidewalks or mixed [36:24] use nature or the mixed housing [36:26] because we have townhomes and [36:27] traditional multifamily. [36:29] so, we will again as taylor be [36:33] back with the preliminary [36:34] development plan and hone in on [36:37] architectural details, but for [36:40] tonight we ask you to please [36:41] consider and hopefully recommend [36:43] to the city council this [36:44] rezoning and the associated [36:45] concept plan and if there is [36:47] questions now chair or later, I [36:49] am happy to answer those. [36:50] >> thank you mr. Peterson. [36:52] >> yes, sir. [36:55] >> okay. [36:56] we'll move forward on the public [36:58] hearing. [36:59] let me take a minute to spell [37:01] how that works. [37:02] we'll begin calling on [37:04] individuals who signed up to [37:05] speak through the process as we [37:07] have available and thank [37:08] everyone for attending and we [37:11] appreciate your participation. [37:13] it is a vital part of what we [37:16] do. [37:17] we understand the comments and [37:18] feedback the public submitted [37:20] already. [37:21] we received e-mails, phone [37:22] calls, letters and all everybody [37:28] at the dais had ample time to [37:31] review all those and they matter [37:32] and will be taken into [37:33] consideration. [37:34] tonight we are most interested [37:36] in hearing new information. [37:39] in accordance with bylaws, each [37:41] speaker will have a maximum of 5 [37:43] minutes and to your right you [37:45] will see the clock on there. [37:47] you will know exactly where you [37:48] are at on that and that will be [37:50] set for each speaker. [37:52] however, if your points have [37:54] been made by the person that [37:55] went before you, it is really [37:58] not necessary to come up and say [38:00] the same thing. [38:02] it doesn't provide any value to [38:04] us to hear the same thing over [38:05] and over. [38:06] we know what they are and will [38:08] take them into serious [38:09] consideration. [38:10] if your points have been made, [38:11] it is perfectly okay to pass or [38:13] come up, state your name and [38:15] address for the record and just [38:16] list your support for the [38:17] comments that are prior made and [38:21] perfectly okay to do that. [38:23] please note our decision tonight [38:25] is based on information provided [38:27] us from all parties, so not [38:31] necessarily to repeat the [38:32] information in the packet or [38:34] addressed by other speakers [38:36] tonight. [38:37] all that is taken into [38:38] consideration as we make a [38:39] decision on this and moving to [38:40] the city council, who is [38:41] ultimately makes the final [38:42] decision on passage on this as [38:45] far as change in zoning. [38:48] we expect you to conduct [38:50] yourselves in a civil respectful [38:52] manner. [38:54] please address your comments to [38:55] the planning commission. [38:58] this isn't a q & a. [39:01] we are hear to listen to what [39:03] you have to say, not a dialogue [39:05] back and forth between us and [39:07] staff. [39:08] during your speaker time. [39:09] if you pose a question for us to [39:11] address later, not opposed to [39:12] that, but don't expect us to [39:14] answer while standing at the [39:16] podium. [39:17] moving on with that, I will open [39:20] the public hearing. [39:22] our first speaker signed up this [39:24] evening is david connor. [39:27] when you step to the podium, [39:28] state your name and address for [39:30] the record and we'll start the [39:32] clock. [39:41] >> david connor. [39:43] 11259 south montclaire. [39:48] I live off montclaire drive in [39:50] olathe. [39:51] I want to start by saying thank [39:52] you to the planning commission [39:53] for giving me the opportunity to [39:55] speak tonight. [39:56] I acknowledge what you do for [39:58] our community and appreciate you [39:59] letting us air our grievances [40:02] tonight. [40:03] our family lived in olathe 31 [40:04] years. [40:05] we built our current house [40:07] nearly 10 years ago off [40:09] montclaire drive. [40:10] we are within two miles of each [40:13] of our three daughters and built [40:14] strategically in gatewood [40:16] because of the location because [40:17] it was on a quite street. [40:19] when we purchased built the [40:21] house we know the zoning lot [40:23] behind us was agriculture, [40:25] commercial, nobody knew what was [40:28] going in there because they said [40:29] the bank owned it. [40:31] our agent told us houses would [40:35] be built. [40:36] later we realized not likely, [40:38] probably more likely commercial [40:39] properties. [40:40] we accepted that. [40:42] commercial properties will be [40:43] built and also know traffic [40:46] noise would cease as a [40:49] reasonable hour. [40:50] not one time in the past 10 [40:51] years has anyone told us [40:53] apartment complexes or duplexesp [40:55] in the future. [40:56] not until given notice of this [40:59] rezoning. [41:00] I want to address several [41:01] factors individually. [41:02] one, the character of the [41:04] neighborhood these apartments [41:05] are sandwiched between [41:09] neighborhoods minimal trees [41:11] which the developer claims is [41:13] theirs and they have the right [41:15] to remove and do not prevent [41:18] sight lines. [41:19] if you are along that section of [41:20] the trail you see there is no [41:21] barrier from our backyard to the [41:25] apartment complex. [41:26] the multifamily housing do not [41:28] conform to the character of the [41:32] surrounding neighborhood. The [41:34] extent to which the change will [41:36] detrimentally effect our [41:37] properties, these apartments [41:39] will significantly effect the [41:42] value and esthetic of our home. [41:44] to speak of meadow lane, we are [41:46] used to having people walk [41:48] behinds hour housing, however [41:49] not equip to handle the droves [41:51] of individuals who will access [41:53] the trail behind my house. [41:56] as I hope you are aware, you can [41:58] only turn right out of the small [42:00] subdivision. [42:02] with significant increase in [42:03] traffic, based on 297 [42:07] apartments. [42:08] 36 duplexes, we will struggle [42:10] more to turn out of the [42:12] neighborhood. [42:13] the foot traffic and car traffic [42:15] will effect the property value [42:19] and safety we enjoy. [42:22] the gain to public health safety [42:24] and welfare by the developer [42:27] compared to hardships imposed on [42:29] neighbors. [42:30] the developers continue to tell [42:31] us what great news the [42:33] apartments are coming to our [42:36] area and not explained what they [42:37] are doing to increase the public [42:39] health, the safety or welfare of [42:41] the community. [42:42] their business profits and that [42:44] is all they care about. [42:46] meanwhile my neighbors and I are [42:49] mostly retired want the peace [42:50] and quite nights we enjoyed for [42:53] the past 10 years. [42:54] having a significant amount of [42:56] new neighbors behind us, which [42:58] generate car noise, people [43:01] noise, that effect our ability [43:05] to enjoy the quite and peace we [43:06] have. [43:07] I haven't heard anything that [43:09] outweighs the hardships you [43:11] force upon my neighbors and I. [43:12] I understand that development [43:14] has to come to this area, we are [43:18] prepared for that. [43:19] we are not prepared for [43:20] apartments and duplexes multi [43:22] stories that we will look into [43:24] our backyards where our [43:26] grandchildren play. [43:29] elsewhere in the city you [43:32] decided where to place [43:33] apartments and keep out of [43:35] neighborhoods. [43:36] think of the ones ridge view and [43:37] college. [43:38] k7 and 119 street. [43:40] the ones across from high v on [43:43] 119th street. [43:44] they are along major roadways [43:46] where single family housing [43:48] isn't ideal. [43:49] that is where apartments belong [43:53] along major corridors where they [43:55] have access and are families and [43:57] housing isn't permitted. [43:59] thank you. [44:00] >> thank you mr. Connor. [44:02] next speaker is forest miles. [44:05] (applause) [44:29] >> good evening commissioners [44:31] and thank you for letting me [44:33] talk. [44:34] my name is forest miles and I [44:36] lived on the west side of olathe [44:38] for 45 years. [44:41] currently I live in gatewood [44:43] villas as my neighbor dave and [44:47] we-which backs up to the [44:51] proposed apartment and villa [44:53] project. [44:54] by living on the west side for [44:56] the last 45 years, I have never [45:00] seen a high density apartment or [45:03] villa complex put in the center [45:05] of a r1, r2 or residential area. [45:10] they always been as dave said, [45:13] and this is repeat, but they [45:14] have been at like-I give you the [45:17] one at ridgeview and college. [45:22] okay? [45:24] the current developments from [45:28] 119th to the north are usually [45:33] all most always r1, r2 or c2 for [45:39] small business. [45:44] comparison the proposed r3 [45:46] zoning of 9 apartment buildings, [45:48] 6 villas complexes, development [45:53] of around a thousand people, [45:57] with 333 apartment units and 550 [46:01] parking stalls is immense for [46:05] our neighborhood in general. [46:07] at a time when traffic on [46:09] college in the morning and the [46:12] afternoon has already escalated, [46:14] because of the number of people [46:17] to the west of us, and all as [46:22] such, it is tough. [46:23] it really is. [46:25] especially when the schools are [46:26] open and all. [46:30] you have that-- at this time, [46:37] the traffic on college in the [46:39] morning and afternoon is [46:41] escalated because of the west. [46:43] also with the building of [46:44] dillons there will also compound [46:46] the problem. [46:47] furthermore, as stated in the [46:49] meeting on july 22, they said, [46:52] 80 percent of the complex [46:56] traffic would be headed north on [46:58] sunnybrook towards meadow lane [47:01] elementary school. [47:04] that is a problem. [47:06] olathe northwest, which is to [47:10] the east is also a problem, [47:13] because in the morning and [47:17] afternoon and with activities, [47:19] there is immense amount of [47:21] traffic around there. [47:25] also, there will be traffic they [47:27] said about 20percent, which will [47:30] be headed towards st. Paul on [47:33] lone elm and then of course, [47:36] down towards northwest. [47:41] these facilities, it creates a [47:44] dangerous situation for driving, [47:47] with a lot of young people for [47:49] cycling, for walking and [47:52] especially for kids and I see [47:54] this a lot, because I live out [47:56] there on e-bikes. [47:59] the dense development will also [48:01] add noise, light pollution, [48:03] density, I don't know how they [48:06] will get rid of all the water [48:08] run-off. [48:10] I haven't seen anything with [48:11] that. [48:12] and, some loss of trees. [48:15] now, I am not opposed to [48:20] development and if this was in [48:23] the same thing of the r2, which [48:27] would be or r1, which would be [48:30] single houses or r2, which would [48:32] be side by side villas which [48:35] come down from 119th and which [48:38] there would be much less density [48:40] and a lot more safety, and I [48:43] thank you for your time. [48:45] >> thank you, mr. Miles. [48:50] (applause) [48:51] next speaker--bill statler, is [48:55] that correct? [48:56] okay. [48:57] I'll let you correct me. [49:05] >> bill stalter, 11299 south [49:08] montclaire. [49:10] I wouldn't nit-pick. [49:13] the characterization that the [49:15] staff has given page 8 paragraph [49:19] c that there is a harmony [49:20] between the existing residential [49:22] uses, and the proposed use. [49:25] there are four communities that [49:27] are shown in various maps in [49:30] your documents. [49:32] one called zoning and another [49:33] called correspondence and [49:38] another is overlay showing four [49:43] communities, gatewood which we [49:45] reside in, to the west is [49:48] stratford oaks a large community [49:49] shown on the map as a rp3 to the [49:52] south would be covingtry creek [49:59] and court. [50:04] stratford oaks being rp3 in the [50:07] original zoning, lends a lot of [50:11] credibility that this isn't a [50:13] big step to add rp3 for [50:18] rezoning. [50:19] but, stratford oaks has been [50:21] built out for decades. [50:22] it is divided by 113th street. [50:25] the north half is owner occupied [50:27] duplexes. [50:28] the south half are owner single [50:31] dwelling homes. [50:33] so, in essence this project is [50:38] by r1 and r2 developments. [50:41] if you want to find a r3 [50:43] development you have to step [50:45] back. [50:46] the closest one is on [50:48] [inaudible] it is a sliver piece [50:50] of tract about 7 homes. [50:53] they are townhomes. [50:54] owner occupied and none being [50:57] over 2 stories. [50:59] it is bordered by community zone [51:02] property on the west. [51:04] step out further to find the [51:06] next rp3, and that is south on [51:09] sunnybrook and that is village [51:10] at sunnybrook. [51:13] there is a larger tract labeled [51:15] rp3, but the north half has been [51:18] built out as duplexes. [51:20] they will be owner occupied [51:23] duplexes so all we are talking [51:24] about are 12 apartments at the [51:26] village at sunnybrook. [51:28] those are no higher then two [51:31] stories. [51:32] they are flanked by a school on [51:34] the east, the south and west. [51:38] there is no other adjoining [51:40] residential property touching [51:42] that particular development. [51:44] so, what we are seeing here is a [51:46] probably I say escalation in [51:49] density and height we are not [51:50] seeing anywhere else in this [51:52] area. [51:54] is this a bit misleading to say [51:56] that this is a easy step for [51:58] rp3, when we really don't see [52:01] that in our area. [52:03] reference to r4 is, that's the [52:06] senior citizen-at the south on [52:10] 119th. [52:12] what I say is, again, that isn't [52:14] a fair characterization to say, [52:15] this is easy step to rp3. [52:18] thank you. [52:20] >> thank you mr. Stalter. [52:24] (applause) [52:25] next speaker is greg milard. [52:29] >> [inaudible] [52:30] >> thank you. [52:32] max cook. [52:40] >> good evening. [52:42] I am a max cook, live 11475 [52:45] south round-tree street [52:48] covington creek and just moved [52:50] there very proudly moved there. [52:52] saved the last 20years to afford [52:56] a place like that. [52:58] you can understand hopefully why [53:00] I was extremely disappointed to [53:03] find out after moving there that [53:04] we would be talking about [53:06] rezoning the area across the [53:07] tree line from me into high [53:10] density. [53:12] I don't care what you call it [53:13] apartment complexes where you [53:16] will cram a bunch of people in [53:20] there. [53:21] the only people that went in [53:22] this scenario is city and county [53:25] so they can continue spending [53:27] like drunken sailors over [53:28] nothing. [53:29] my neighborhood doesn't benefit [53:31] from this. [53:32] the other members of our [53:33] community don't benefit from [53:35] this. [53:36] we live there already. [53:37] it will be a bad thing for [53:39] everybody involved. [53:40] they already said a lot of the [53:41] same things I believe, but quite [53:44] frankly, I just really think [53:45] this is a project for a [53:48] different area then right in the [53:50] middle of r1 and r2 neighborhood [53:52] that is already developed. [53:53] we appreciate your time. [53:55] please don't allow this to go [53:57] through. [53:58] >> thank you mr. Cook. [53:59] (applause) [54:00] final speaker signed up, fred [54:06] nelson. [54:17] >> my name is fred nelson, 11442 [54:20] south northston street in the [54:23] covington court area. [54:26] we moved here 5 years ago from [54:28] hutchinson, so we are elated [54:30] about the dillons going in, [54:33] because if you haven't been to [54:35] one, they are really really [54:36] nice. [54:37] when we moved here, they were [54:38] still building the villas on [54:43] covington court side and we live [54:45] across the retention pond there [54:47] and we see deer and coyotes. [54:51] that is long gone. [54:53] the big thing there it was so [54:56] nice and quite, but one thing [55:00] reiterated is what really [55:02] bothers me, sunnybrook boulevard [55:05] really isn't a boulevard all the [55:07] way through, unlike ridgeview [55:09] and college where they built [55:10] these-when people come out, [55:14] there is 500 some parking spots [55:17] and channels down and one thing [55:18] I wish the drawings would have [55:20] shown is what is built on the [55:25] other corner. [55:26] there is a entrance in and [55:27] outright in the same area and [55:31] another thing that may or may [55:34] not be known is there is 10 [55:36] schools within a mile there. [55:37] five are preschools and two are [55:41] there at the corner. [55:42] I just had an appointment this [55:46] morning and had to go through [55:47] college boulevard and and came [55:49] by that area and got on the [55:53] street on college and you-they [55:56] were backed up so far, people [55:58] couldn't make a turn on lone [56:01] elm. [56:02] maybe they were taking their [56:03] kids to the junior high or what [56:04] have you, but the traffic, I [56:05] know they pointed some that [56:10] out right turn lanes but it is [56:12] so convoluted in the area and I [56:15] attended the meeting at the k [56:18] state extension office there and [56:19] I was very interested in how [56:22] they do this traffic study. [56:24] he said well the model shows [56:26] that you can handle this. [56:29] well, the dillons store I think [56:30] they will do a tremendous job [56:32] here. [56:33] there will be a lot more traffic [56:34] then they think. [56:36] the st. Paul church, the largest [56:39] catholic church in kansas city [56:42] kansas diocese and they have [56:44] daily mass there too and they [56:46] have a exit on 113th street and [56:48] I just-I guess my feelings are, [56:51] if they kept it commercial, it [56:54] wouldn't bother me, but with [56:55] that many vehicles in that area [56:58] I just hope think they could [57:02] really consider you guys could [57:05] consider not doing this allowing [57:07] this to happen. [57:10] commercial I'm fine with. [57:12] olathe has grown. [57:14] phenomenal growth and love [57:15] living up here and close to [57:17] things. [57:18] we were fortunate to volunteer [57:19] for the fifa thing and that was [57:21] great and it just I just hope [57:23] you really give it a lot of [57:25] foresight and thought that we [57:27] don't shouldn't put it there, [57:30] because I guess I leave with one [57:32] statement. [57:33] would you want this to happen in [57:35] your neighborhood? [57:36] thank you. [57:37] (applause) [57:38] >> thank you mr. Nelson. [57:44] that is our final speaker. [57:45] I entertain a motion to close [57:46] the public hearing. [57:50] >> so moved. [57:51] >> thank you commissioner breen. [57:55] do I have a second? [57:56] >> second. [57:57] >> thank you commissioner [57:58] chapman. [57:59] all in favor aye. [58:01] opposed, nay? [58:03] the public hearing is closed. [58:06] open for discussion for staff or [58:08] applicant. [58:09] commissioner chapman. [58:11] >> I have a question first for [58:13] the developer. [58:15] >> okay. [58:22] >> two questions for you. [58:23] >> yes, sir. [58:24] >> you use the term extensive [58:26] tree preservation. [58:27] can you explain what you mean by [58:28] that? [58:29] >> sure thing. [58:30] we were given as a concept plan. [58:32] not down to the percentage, but [58:34] we asked our civil engineer [58:36] beforehand if there was more [58:38] detailed question, what is best [58:42] guesstimate and said we will [58:44] preserve--there is a lot of [58:46] trees, a lot off to the west [58:48] where the trail is and trees to [58:53] the south and 76 percent of the [58:55] trees will be preserved and it [58:59] wasn't a big chunk, it was [59:02] shaving here and there. [59:07] >> thank you. [59:08] >> yes, sir. [59:09] >> I have a question I guess for [59:10] staff. [59:11] anyone of staff. [59:12] this meadow tree lane is a city [59:14] maintained trail, is that [59:16] correct? [59:20] >> correct. [59:21] it is a city owned trail. [59:23] >> do we have restrictions with [59:25] regards to the removal of trees [59:27] along our trails? [59:28] >> so, are you referring to the [59:31] trees that are around the [59:34] existing trail itself or the [59:35] trees on the applicants [59:37] property? [59:38] >> on either side of the trail. [59:40] we have trees on either side of [59:42] the trail from the overhead [59:44] views I see. [59:45] do we have restrictions on how [59:48] close you can get to a trail and [59:51] removal of trees? [59:52] does the tree have a requirement [59:55] you cannot move trees within 50 [59:57] or 75 feet of the trail? [59:59] >> there isn't a specific [1:00:00] distance requirement for the [1:00:01] trees to be removed. [1:00:02] the tract that the-let me pull [1:00:04] it up. [1:00:06] that the trail is in, is within [1:00:08] a the residential properties [1:00:14] tract. [1:00:21] so, the trail is within here. [1:00:32] that is not within the [1:00:34] applicant's property, so the [1:00:36] tree preservation adjacent to [1:00:38] the trail is within a tract that [1:00:40] is associated with the hoa in [1:00:45] the neighborhood there. [1:00:46] so, any tree removal would be a [1:00:49] conversation with the hoa and [1:00:50] the city and not of the [1:00:52] applicant. [1:00:54] >> what about the trees that [1:00:56] are-that we are looking at on [1:00:58] the rz- [1:01:00] >> this area here? [1:01:02] >> yes, and further north. [1:01:03] >> all of these are within the [1:01:07] tree preservation standards we [1:01:08] have for development, so each [1:01:11] applicant is required to [1:01:13] preserve at least 20 percent of [1:01:14] the existing wooded area. [1:01:17] so, that will be considered with [1:01:19] the requirements of the revised [1:01:21] preliminary plan. [1:01:24] >> okay. [1:01:25] 20 percent? [1:01:27] >> that's the standard, yes. [1:01:32] >> thank you. [1:01:33] >> commissioner chapman, I will [1:01:34] add a little point. [1:01:35] there is a stream corridor and [1:01:38] that is higher level of [1:01:39] protection, so taylor gave a the [1:01:42] tree preservation requirement [1:01:43] which is what you were asking [1:01:46] about. [1:01:47] the other layer which preserves [1:01:48] more trees is the stream [1:01:49] corridor. [1:01:50] that is where they have a higher [1:01:51] level of protection. [1:01:52] >> thank you. [1:01:56] >> commissioner terrones. [1:01:59] >> thank you mr. Chairman. [1:02:01] question has to do with traffic. [1:02:04] the packet referred to traffic [1:02:08] study, but could we get more [1:02:10] specific detail about when it [1:02:12] was conducted and time of day [1:02:15] and how that progressed? [1:02:19] thank you. [1:02:23] >> I'll cover traffic and may [1:02:25] double back on corridors. [1:02:28] >> go right ahead. [1:02:29] >> I dont know the exact time of [1:02:31] day that they did the study or [1:02:35] exact dates. [1:02:36] traditionally as all our studies [1:02:39] are done, they will take the [1:02:41] counts during the middle of the [1:02:43] week and shooting when school is [1:02:44] in session, but this is a unique [1:02:47] little area in regards to this [1:02:50] road isn't currently there. [1:02:52] so, there is some traffic counts [1:02:53] you can't take and this is [1:02:56] developing and building this new [1:02:58] roadway and so there [1:03:02] unique-can't count the traffic [1:03:03] on sunnybrook boulevard because [1:03:05] it isn't there. [1:03:06] so, that traffic study did take [1:03:08] traffic counts along college [1:03:10] boulevard, also went to college [1:03:12] boulevard and lone elm and [1:03:15] different traffic counts there [1:03:17] and analyzed those. [1:03:21] >> can the conversation at the [1:03:23] side, can we cease on that, [1:03:25] please? [1:03:26] go ahead. [1:03:27] >> traffic was analyzed. [1:03:30] meeting the standards. [1:03:31] they made appropriate [1:03:32] assumptions because they have to [1:03:33] make assumptions because [1:03:35] sunnybrook boulevard isn't [1:03:36] there. [1:03:37] the other thing we looked at is [1:03:38] we looked at the actual traffic [1:03:40] on college boulevard and just so [1:03:44] you know, just some of the [1:03:45] numbers out there, college [1:03:47] boulevard is operating probably [1:03:51] like the daily traffic it sees [1:03:53] is about a third of what it can [1:03:56] be capacity wise. [1:03:57] if you compare this down to 151 [1:03:59] street you see about a third of [1:04:02] the traffic that we see through [1:04:03] some of the other very very [1:04:05] similar corridors. [1:04:06] any other questions in regards [1:04:09] to traffic? [1:04:10] that answer thereat that? [1:04:12] >> no thank you. [1:04:13] >> just in regards one more [1:04:14] time, because I think there is [1:04:15] concerns about how much buffer [1:04:17] area is there. [1:04:18] I don't know the specific [1:04:20] acreage draining through this [1:04:22] tributary, but my guess is it is [1:04:25] usually about a--double check [1:04:28] this. [1:04:31] it is 60 feet probably on each [1:04:33] side that streamway that [1:04:36] absolutely is protected. [1:04:38] if it jumps to 160 acres the [1:04:42] drainage which I dont think it [1:04:43] qualifies for, it is hundred [1:04:45] feet on each side that tributary [1:04:47] area and that is consistent with [1:04:49] all the stream buffers we have. [1:04:53] in that area there isn't [1:04:55] intended to be clearing or [1:04:57] grading or anything like that. [1:04:58] >> thank you. [1:05:01] additional questions? [1:05:05] >> where is the streamway? [1:05:07] does it run along the trail? [1:05:28] >> it is very faint. [1:05:30] I am going to-can you make this [1:05:32] go-- once again, charley love, [1:05:38] chief development engineer. [1:05:40] I highlight on here, it is tough [1:05:42] to see, but it actually shows [1:05:44] the approximate so I will trace [1:05:46] on here with my finger. [1:05:47] the existing stream is following [1:05:51] the light black line in there. [1:05:53] >> got it. [1:05:56] >> from that point, I think I [1:05:59] lose it but it goes through [1:06:01] there and there is another [1:06:03] through that direction. [1:06:04] >> thank you. [1:06:06] >> okay. [1:06:08] >> I have other questions. [1:06:09] >> go ahead. [1:06:10] floor is still yours. [1:06:19] going back to the trees again [1:06:20] here for the staff, either kim [1:06:23] or taylor, this might be a [1:06:26] impossible estimate, but can you [1:06:30] estimate the distance between [1:06:33] the rear of the proposed [1:06:36] structures, and the trail? [1:06:40] >> in the trail itself? [1:06:41] >> yes. [1:06:43] >> so, we have distances from [1:06:45] the proposed buildings to the [1:06:48] property lines. [1:06:53] so, as shown-- here. [1:07:03] the apartments on the west side [1:07:05] there are set back 80 to 190 [1:07:10] feet. [1:07:12] as well as the townhomes there. [1:07:14] >> to the property line? [1:07:15] >> to the property line so it [1:07:17] will be set back farther from [1:07:18] the trail to the west. [1:07:21] >> now, mr. Peterson, that his [1:07:30] name? [1:07:31] >> yes. [1:07:32] >> used the number, 75 percent [1:07:33] of the trees are going to be [1:07:39] kept. [1:07:40] that is obviously only on their [1:07:43] property. [1:07:44] what percentage of the trees [1:07:45] would that be when you took it a [1:07:47] percentage of on each side of [1:07:50] the trail? [1:07:52] what I'm looking for is lots of [1:07:55] trees on the east side of the [1:07:57] trail too I take it. [1:07:58] >> uh-huh. [1:08:00] >> how many feet of trees would [1:08:02] there be over there? [1:08:03] >> so, for this application, we [1:08:05] are looking at the property line [1:08:07] itself on the trees that are [1:08:08] located on the applicant's [1:08:10] property, so that is where the [1:08:11] minimum 20 percent comes in. [1:08:14] those will be preserved along [1:08:15] the property line to buffer [1:08:18] between where the trail is and [1:08:19] where the development is. [1:08:22] >> so, there is plenty of trees [1:08:24] there along each side? [1:08:26] >> yes, and also will have [1:08:29] landscaping as well that we'll [1:08:31] evaluate during the revised [1:08:33] preliminary plan. [1:08:34] to supplementary any gaps in the [1:08:37] tree preservation area, there [1:08:38] are landscape requirements we [1:08:40] evaluate to buffer r3 based on [1:08:43] the adjacent zoning districts as [1:08:45] well. [1:08:47] >> alright. [1:08:50] you had a slide up there with [1:08:51] the term that makes me crazy and [1:08:54] that is, missing middle. [1:08:58] could you explain to me or kim [1:09:00] or somebody what the missing [1:09:02] middle is? [1:09:03] had [1:09:04] >> sure. [1:09:05] missing middle is the housing [1:09:06] types between single family [1:09:08] homes and high density [1:09:11] apartments, so more urban [1:09:13] context apartments versus your [1:09:14] typical single family. [1:09:16] you have housing products in the [1:09:18] missing middle that include [1:09:19] townhomes, duplexes, courtyard [1:09:24] cottages, as well as smaller [1:09:26] multiplexes like four plexes and [1:09:29] six plexes so that is the [1:09:32] missing middle product. [1:09:35] >> not related to price, it is [1:09:37] related to structures? [1:09:38] >> yes, it is related to [1:09:41] individual buildings themselves. [1:09:43] >> thank you. [1:09:46] >> okay. [1:09:47] additional questions? [1:09:48] commissioner bergida. [1:09:50] >> thank you mr. Chairman. [1:09:51] I got one question for you mr. [1:09:53] love regarding the traffic [1:09:56] study. [1:10:01] did the traffic study take into [1:10:03] consideration the development we [1:10:04] just approved to the north and [1:10:07] then if I recall correctly, [1:10:09] there is at least two projects, [1:10:13] apartment complex projects we [1:10:15] approved in the last 18 months [1:10:17] to the west of this as well. [1:10:19] did it take into consideration [1:10:20] the additional traffic from [1:10:22] those three different projects? [1:10:24] >> charley love, chief [1:10:25] development engineer. [1:10:27] the good thing about all these [1:10:28] projects coming in at the same [1:10:33] time, dillons, commercial, this [1:10:35] multifamily, they have all been [1:10:41] worked together and that helped [1:10:43] us because it has been able to [1:10:45] when we evaluate that [1:10:46] intersection looking to make it [1:10:49] sure it will operate [1:10:51] satisfactory and that is the [1:10:52] case. [1:10:53] the traffic studies did also [1:10:54] look and take into consideration [1:10:56] those apartments I believe you [1:10:58] are talking I think are actually [1:10:59] on the west side of k7 and they [1:11:02] do reference those as well. [1:11:05] >> okay. [1:11:06] thank you. [1:11:07] and then, this goes back to [1:11:09] distance questions, which ever [1:11:11] staff member is best suited to [1:11:13] answer this one. [1:11:14] we talked about distance to the [1:11:16] property line. [1:11:17] do we know what the distance is [1:11:20] between those homes on south [1:11:22] montclaire drive and 3 or 4 [1:11:27] buildings on the west side of [1:11:29] the proposed development? [1:11:30] >> could you repeat the question [1:11:33] for the distance? [1:11:34] >> yes, how far is it from the [1:11:36] homes not the property line or [1:11:38] the trail, but the homes to the [1:11:40] buildings on the west side of [1:11:42] the development? [1:11:44] >> so, you mean the property [1:11:46] line here how far away is it [1:11:48] from the homes to the west? [1:11:51] >> sure. [1:11:52] that would help with the total [1:11:53] number, but the question I'm [1:11:55] asking is the houses that are to [1:11:57] the west of the property line, [1:12:00] the ones off south montclaire [1:12:03] drive, how far are those homes [1:12:06] from-- [1:12:07] >> those homes are-this is [1:12:09] easier. [1:12:12] >> yes. [1:12:13] >> so, the property line is [1:12:15] shown here and as I mentioned, [1:12:18] the buildings over here are set [1:12:21] back all most 180 feet from that [1:12:23] property line, and so they are [1:12:26] separated by this trail here, so [1:12:28] approximately 200 feet or so, [1:12:31] exceeding that in certain areas [1:12:33] on the west side of the property [1:12:34] line. [1:12:35] >> okay. [1:12:36] and then, I understand there's [1:12:41] rp3 zoning, but as one resident [1:12:44] pointed out, and what I can see [1:12:47] on google maps, it is all single [1:12:50] family or duplex, the highest is [1:12:53] two stories to the west. [1:12:56] I think it is the same to the [1:12:58] south. [1:12:59] is that correct? [1:13:00] it is only single family and [1:13:03] duplex adjacent to the west and [1:13:05] south and southeast to this [1:13:07] proposed site? [1:13:09] >> yes. [1:13:10] so, immediately adjacent to the [1:13:13] property--go back to this one. [1:13:18] -- so, to the west there is the [1:13:24] single family zoning district. [1:13:27] farther west is the mix of the [1:13:29] duplexes and the single family [1:13:32] homes, but it is zoned rp3. [1:13:35] and then to the south is the [1:13:36] traditional r1 single family [1:13:39] homes and then to the east the [1:13:41] rp2 has duplexes. [1:13:43] that is within the immediate [1:13:45] area. [1:13:46] >> okay. [1:13:47] so, they all are? [1:13:48] >> uh-huh. [1:13:49] >> okay. [1:13:50] down south on sunnybrook that [1:13:52] apartment complex that was [1:13:53] brought up,b it is two stories, [1:13:56] is that correct? [1:13:57] >> yes. [1:13:58] the ones located here are about [1:14:02] two stories. [1:14:04] multiplex and attached townhomes [1:14:06] there. [1:14:07] >> okay. [1:14:08] do we know where the closest [1:14:09] three story one would be? [1:14:12] is it some of the new ones [1:14:14] coming in out west or where is [1:14:16] the closest 3 story apartment [1:14:20] complex to the proposed site? [1:14:23] >> would you mind repeating the [1:14:24] last portion a little louder, [1:14:26] please? [1:14:27] >> sure, do we know what the [1:14:29] closest 3 story apartment [1:14:31] complex is to this site? [1:14:33] >> apartment complex no, but the [1:14:36] assisted living centers are in [1:14:38] the r4 on the screen there, [1:14:41] which are taller products. [1:14:44] >> commissioner bergida, I will [1:14:46] add a bit since I see the recent [1:14:48] developments. [1:14:50] west down college and west of [1:14:54] k7, south that there is r3 in [1:14:57] the ground for 3 story [1:14:58] apartments. [1:14:59] as you get closer to the cedar [1:15:02] creek south glen area, that [1:15:04] recently went through two years [1:15:06] ago. [1:15:07] north of college, so northeast [1:15:09] of k7 and college, those are 4 [1:15:11] and 5 story apartments closer to [1:15:14] aldi approved recently as well. [1:15:18] >> thank you. [1:15:20] >> okay. [1:15:21] any other questions from [1:15:22] commissioners? [1:15:23] commissioner breen. [1:15:24] >> thank you mr. Chair. [1:15:25] the one thing I saw missing from [1:15:27] the packet and talked about it [1:15:30] from the applicant presentation, [1:15:31] but the topography or elevation [1:15:35] from where the houses are to the [1:15:36] west to where this property is [1:15:38] going to be developed. [1:15:40] what is the sight line where the [1:15:42] homes? [1:15:43] is that plan multifamily [1:15:45] development same elevation, [1:15:47] lower or higher? [1:15:48] trying to get a sense of the [1:15:49] scale of the buildings will look [1:15:52] like from the west. [1:15:53] >> previously the elevation [1:15:56] change from--switch here. [1:15:59] it is hard to tell. [1:16:01] start here. [1:16:02] it sits up higher along [1:16:04] sunnybrook and it slopes down [1:16:07] towards the southwest there, so [1:16:09] where the stream corridor and [1:16:10] trail are. [1:16:12] same as where the single family [1:16:14] homes are as well, so it slopes. [1:16:18] so, without line of sights or [1:16:22] architecture, I dont have an [1:16:23] exact line of sight of what they [1:16:26] would see, but based on the 3 [1:16:29] story and where they are sitting [1:16:30] they are most likely able to see [1:16:32] the roof pitch of the proposed [1:16:35] single family just based where [1:16:37] it sits. [1:16:38] >> okay and that type of [1:16:39] information is something we see [1:16:40] at the preliminary site [1:16:42] development, right? [1:16:43] >> yes. [1:16:44] >> thank you. [1:16:47] >> any additional questions from [1:16:48] commissioners? [1:16:53] thank you mrs. Vande velde. [1:16:56] seeing none, I call for a motion [1:16:58] on rz26-0006. [1:17:10] >> mr. Chair, make a motion we [1:17:12] approve rz26-0006 as stipulated [1:17:24] by staff. [1:17:25] >> thank you commissioner [1:17:26] terrones. [1:17:27] do I have a second? [1:17:28] >> second. [1:17:29] >> thank you commissioner breen. [1:17:30] move forward on roll call vote. [1:17:34] >> commissioner terrones, yes. [1:17:37] commissioner bergida, no. [1:17:39] commissioner chapman, yes. [1:17:42] commissioner lynn, yes. [1:17:45] commissioner breen, yes. [1:17:47] commissioner brown, yes. [1:17:49] chair janner, [1:17:51] >> final points on this. [1:17:54] before we wrap this up. [1:17:57] I do see the importance of this [1:18:00] area without question as [1:18:01] discussed extensively as we [1:18:04] reviewed the elevate olathe plan [1:18:06] and I'll share as mr. Nelson is [1:18:10] a hutchinson native, excited for [1:18:14] dillons coming to town and the [1:18:15] advantage it brings to this [1:18:17] immediate area but west side of [1:18:20] olathe. [1:18:21] I also important to note that [1:18:22] this is just step one. [1:18:25] I see the zoning change as [1:18:28] advantage with 30 plus years in [1:18:30] real estate I can tell from a [1:18:32] property value point of view, I [1:18:33] rather see that then the light [1:18:35] industrial. [1:18:36] that has been my experience, so [1:18:38] I think it is actually moving in [1:18:40] the right direction there, which [1:18:43] would be approved under the [1:18:44] current zoning. [1:18:46] and I think elevate olathe is [1:18:48] very clear this is where it [1:18:50] needs to be done but we will be [1:18:52] looking closely at the final [1:18:53] development plan and make sure [1:18:55] some of the concerns addressed [1:18:58] tonight still have a opportunity [1:18:59] to look at closely and making [1:19:01] sure what goes in does address [1:19:03] those things as well. [1:19:04] I will vote yes. [1:19:08] >> the motion passes 6-1. [1:19:12] >> okay, do we have [1:19:13] announcements from staff this [1:19:14] evening? [1:19:15] >> none. [1:19:16] thank you. [1:19:17] >> that being said, this meeting [1:19:19] is adjourned. [1:19:21] [meeting adjourned]