Planning Commission

City of Olathe Planning Commission Council Chambers Monday | October 8, 2018 | 7:00 PM Meeting Minutes CALL TO ORDER The Planning Commission convened at 7:00 p.m. to meet in regular session with Chairman Dean Vakas presiding. 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 Chairman Dean Vakas, Vice-Chairman Michael Rinke, Commissioner Barry Sutherland, Commissioner Jose Munoz, and Commissioner Ryan Nelson Absent Commissioner Chip Corcoran, Commissioner Jeremy Fry, and Commissioner Ryan Freeman CONSENT AGENDA A. Standing approval of the minutes as written from the September 10, 2018 Planning Commission Meeting. Motion by Commissioner Nelson, seconded by Vice-Chairman Rinke, that MN18-0910 be approved. The motion carried by the following vote: Yes: Vakas, Rinke, Sutherland, Munoz, and Nelson Absent: Corcoran, Fry, and Freeman Page 1 of 8 Planning Commission Meeting Minutes - Final October 8, 2018 B. FP18-0028: Request approval for a final plat for Willow Crossing East, Second Plat containing 22 single-family lots and 3 common tracts on 12.24± acres; located south of the intersection of S. Parkhill Street and 146th Street. The following stipulations apply: a) The final plat is subject to a street excise tax of $2,310.37. The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. b) The final plat is subject to a traffic signal excise tax of $1,973.30. The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. c) Language regarding the Tree Preservation Easement (TP/E) shall be provided prior to recording of the final plat. d) Prior to recording the plat, tree preservation fencing shall be installed around all Tree Preservation Easements in accordance with UDO, Section 18.30.240.E. e) 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. f) Details for the emergency access will be required at the time of building permit submittal for the first house in this subdivision. g) Affidavits of Interest are required to be recorded for each residential lot to notify property owners of proximity to the Johnson County Executive Airport and effects of aircraft in the area. h) The final plat shall be approved by the Johnson County Airport Commission and Board of County Commissioners. i) A sidewalk and address plat shall be submitted prior to issuance of building permits. j) 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 Nelson, seconded by Vice-Chairman Rinke, that FP18-0028 be approved as stipulated. The motion carried by the following vote: Yes: Vakas, Rinke, Sutherland, Munoz, and Nelson Absent: Corcoran, Fry, and Freeman Page 2 of 8 Planning Commission Meeting Minutes - Final October 8, 2018 C. FP18-0029: Request approval for a final plat for Willow Crossing, Third Plat containing 16 single-family lots and 3 common tracts on 6.68± acres; located along the east side of S. Pflumm Road, approximately ¼ mile north of its intersection with 151st Street. The following stipulations apply: a) The final plat is subject to a street excise tax of $57,989.49. The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. b) The final plat is subject to a traffic signal excise tax of $997.96. The required excise fee shall be submitted to the City Planning Division prior to recording the final plat. c) 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. d) Prior to recording the final plat, the Sanitary Sewer Easement (S/E) and Drainage Easement (D/E) shall be labeled on the final plat. e) Affidavits of Interest are required to be recorded for each residential lot to notify property owners of proximity to the Johnson County Executive Airport and effects of aircraft in the area. f) The final plat shall be approved by the Johnson County Airport Commission and Board of County Commissioners. g) A sidewalk and address plat shall be submitted prior to issuance of building permits. h) 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 Nelson, seconded by Vice-Chairman Rinke, that FP18-0029 be approved as stipulated. The motion carried by the following vote: Yes: Vakas, Rinke, Sutherland, Munoz, and Nelson Absent: Corcoran, Fry, and Freeman Page 3 of 8 Planning Commission Meeting Minutes - Final October 8, 2018 D. FP18-0030: Request approval for a final plat for Willow Crossing, Fourth Plat containing 40 single-family lots and 3 common tracts on 19.83± acres; located on the southeast corner of the intersection of W. 143rd Street and S. Pflumm Road. The following stipulations apply: a) The final plat is subject to a street excise tax of $160,620.43. 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 $2,764.17. The required excise tax shall be submitted to the City Planning Division prior to recording the final plat. c) 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. d) Prior to recording the final plat, the Sanitary Sewer Easement (S/E) and Drainage Easement (D/E) shall be labeled on the final plat. e) Affidavits of Interest are required to be recorded for each residential lot to notify property owners of proximity to the Johnson County Executive Airport and effects of aircraft in the area. f) The final plat shall be approved by the Johnson County Airport Commission and Board of County Commissioners. g) A sidewalk and address plat shall be submitted prior to issuance of building permits. h) 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 Nelson, seconded by Vice-Chairman Rinke, that FP18-0030 be approved as stipulated. The motion carried by the following vote: Yes: Vakas, Rinke, Sutherland, Munoz, and Nelson Absent: Corcoran, Fry, and Freeman Page 4 of 8 Planning Commission Meeting Minutes - Final October 8, 2018 E. FP18-0031: Request approval for a final plat for Crestwood Village, Second Plat containing 25 two-family lots and 3 common tracts on 14.34± acres; located in the vicinity of 130th Street and Black Bob Road. The following stipulations apply: a) The final plat is subject to a street excise tax of $130,152.37. The required excise fee shall be submitted to the Planning Division prior to recording the final plat. b) The final plat is subject to a traffic signal excise tax of $7,264.32. The required excise fee shall be submitted to the Planning Division prior to recording the final plat. c) A temporary construction easement is required for a temporary turnaround at the dead-end of Alden Street. Motion by Commissioner Nelson, seconded by Vice-Chairman Rinke, that FP18-0031 be approved as stipulated. The motion carried by the following vote: Yes: Vakas, Rinke, Sutherland, Munoz, and Nelson Absent: Corcoran, Fry, and Freeman F. MP18-0011: Request for approval of a minor plat for Townhomes at Fairfield Village, Forty-Fourth Plat containing 6 lots and 1 common tract on 0.67± acres; located in the vicinity of 168th Place and Kimble Street. The following stipulations apply: a. Sidewalks shall be constructed on both sides of all public and private streets and drives as required by the RP-3 zoning ordinance. b. The developer is responsible for planting street trees, subject to UDO 18.30.130 G. Such trees shall be planted at the completion of each phase of development. c. 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. d. Prior to recording the plat, a digital file of the final plat (pdf format) shall be submitted to the City Planning Division. Motion by Commissioner Nelson, seconded by Vice-Chairman Rinke, that MP18-0011 be approved as stipulated. The motion carried by the following vote: Yes: Vakas, Rinke, Sutherland, Munoz, and Nelson Absent: Corcoran, Fry, and Freeman Page 5 of 8 Planning Commission Meeting Minutes - Final October 8, 2018 G. PR18-0041: Request approval for preliminary site development plan for Johnson County Medical Examiner Facility on 5.67± acres; located on the southwest corner of W. 118th Street and Sunset Drive. This item was removed from the Consent Agenda for further discussion at the request of Vice Chairman Rinke. Comm. Sutherland recused himself from discussion because his firm was involved in this project. He left the chamber. Vice Chairman Rinke noted that he formally lived in an adjacent subdivision and recalls that there were drainage issues with some of the residential properties to the west. He wished to confirm that there were no ongoing issues regarding drainage, and also asked staff to address lighting. Dan Fernandez, Planner II, responded that with the preliminary site development plan, a conceptual stormwater report is required. The applicant has submitted a preliminary stormwater report, which is a step further than what is required . Vice Chairman Rinke asked whether adding fill dirt would raise the elevation higher than the parking lot. Mr. Fernandez responded that it would. Mr. Rinke asked if that would help with the light issue; Mr. Fernandez said it would, and added that lighting will be reviewed again at final development plan. Mr. Rinke asked if any neighbors have expressed concerns; Mr. Fernandez said no. A neighborhood meeting was held and attended by about 20 people. Discussion included stormwater, time of construction, and things of that nature. No one has reached out to staff and voiced any concerns. Chair Vakas noted that because Comm. Sutherland recused himself, there is not a quorum and he asked if Comm. Sutherland return to the room and vote on this project since there was nothing contentious about this project. City legal staff indicated that if Comm. Sutherland stated on the record that he was comfortable voting on this item, then a vote could be taken Comm. Sutherland returned to the chamber and stated that he had no concerns about voting on this application . The following stipulations apply: a. A final site development plan application shall be submitted and approved prior to submitting for building permit review. b. The final site development plan shall include the following note on the landscape and utility plans: “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.” c. All on-site wiring and cables shall be placed underground. Motion by Vice-Chairman Rinke, seconded by Commissioner Nelson, that PR18-0041 be approved as stipulated. The motion carried by the following vote: Yes: Vakas, Rinke, Sutherland, Munoz, and Nelson Absent: Corcoran, Fry, and Freeman Page 6 of 8 Planning Commission Meeting Minutes - Final October 8, 2018 REGULAR AGENDA-OLD BUSINESS A. PUBLIC HEARING UDO18-0001: Unified Development Ordinance amendments to Chapters 18.15, 18.20, and 18.30. Aimee Nassif, Chief Planning and Development Officer, appeared before the Planning Commission, summarizing the proposed updates to the Unified Development Ordinance. She noted the Home Builder's Association expressed concerns about two of the proposed amendments, when staff originally presented in August. Those concerns pertained to for language for time expiration for the preliminary development plans and architectural purpose statement. Since that time, staff has had numerous meetings and discussions with the HBA and others and has removed the language for expiration of plans and plats and will be coming back at a later date with those. A public hearing is scheduled for those items is scheduled for October 22, 2018, and Ms. Nassif thanked the HBA and others in the community that they have collaborated with on all these updates. Ms. Nassif then outlined the items for tonight's update. One is to include a provision in the use matrix for homeless shelters, which would be permitted through a special use permit. Staff provided an overview of the language for the other recommended updates which had not changed or been amended since the August public hearing. Chair Vakas opened the public hearing. He noted that no one has signed up to speak, and no one in the room wished to speak this evening. He called for a motion to close the public hearing. Motion by Comm. Nelson, seconded by Vice Chairman Rinke, to close the public hearing. Motion passed 5-0. Chair Vakas then called for a motion on UDO18-0001. Vice Chair Rinke commented that he appreciated staff taking time to meet with HBA and other interested parties and addressing issues. 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: 18.15 18.15.10, 18.15.020.B, 18.20.500, 18.30.130.F, 18.30.130.I., 18.30.160.F, and 18.30.130.M, as described on the preceding pages. A redline copy of these UDO updates is attached for your review and consideration . In addition, the August 13, 2018 Planning Commission report is available for view on the City’s website. The recommendations from the Planning Commission on these UDO updates will be incorporated into the report prepared for the October 16, 2018 City Council meeting. Motion by Vice-Chairman Rinke, seconded by Commissioner Sutherland, that UDO18-0001 be recommended for approval. The motion carried by the following vote: Page 7 of 8 Planning Commission Meeting Minutes - Final October 8, 2018 Yes: Vakas, Rinke, Sutherland, Munoz, and Nelson Absent: Corcoran, Fry, and Freeman REGULAR AGENDA-NEW BUSINESS A. PUBLIC HEARING RZ18-0016: Request approval for a rezoning from R-1 District to C-2 and R-4 Districts and preliminary site development plan for Stag’s Ridge Development on 23.77± acres; located in the vicinity of K-7 Highway and Spruce Street. The Applicant is requesting a continuance to a future Planning Commission meeting. Aimee Nassif, Chief Planning and Development Officer, explained that the applicant continues to work through outstanding comments from staff in order to complete their application. Motion by Commissioner Nelson, seconded by Commissioner Munoz, that RZ18-0016 be continued. The motion carried by the following vote: Yes: Vakas, Rinke, Sutherland, Munoz, and Nelson Absent: Corcoran, Fry, and Freeman ANNOUNCEMENTS Chair Vakas noted that the next Planning Commission meeting is scheduled for Monday, October 22nd at 7:00 p.m. Aimee Nassif, Chief Planning and Development Officer, added that she looks forward to meeting with everyone at a workshop for strategic plan engagement on October 22nd. ADJOURNMENT Meeting adjourned at 7:18 p.m. Page 8 of 8