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Record of Proceedings

Olathe Planning Commission Meeting - April 29, 2024

City Council — Monday, April 29, 2024
BodyOlathe, Kansas
SessionCity Council
DateMonday, April 29, 2024
StatusFILED
Video Record
0:00 / 1:05:46

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:02

Like to call tonight's meeting to order.

0:04

Please join me in the Pledge of Allegiance.

0:08

I pledge allegiance through the flag of the United States of America.

0:17

Under God.

0:28

I'd like to thank everyone in the chamber for attending this evening's meeting.

0:32

Also welcome those watching us online and to make a note those that you might be watching on the television station.

0:41

Those airings are coming to an end on May 21st, and the meetings will be online only streaming.

0:48

So you can get that information from the City of Olathe website.

0:52

Planning Commission meetings are an important part of the process for interpreting and applying the city's comprehensive plan and the unified development ordinance.

1:00

It's important that our meetings are conducted with dignity and respect that applies to every person in attendance.

1:06

We strive to provide an atmosphere where the ideas and opinions of all participants are held in the highest regard.

1:14

Finally, the actions of the issues we discuss are ultimately under the responsibility of the city council.

1:19

As a planning commission, we're here to help the council as our elected representatives to be fully informed to make the best choices for our city.

1:27

By statute, the planning commission strives not to engage with any party on the issues on our agenda prior to our meeting.

1:34

Should that interaction take place as a result of a business relationship or any other interaction, which is referred to as ex parte communication, commissioners will report that interaction when we reach the item on the agenda.

1:47

We'll now move on to the consent agenda.

1:50

This evening we have two items on our consent agenda.

1:54

Commissioners, do you need to pull any items for additional information or questions from staff?

2:03

If not, do I have a motion on uh for the consent agenda?

2:07

Mr.

2:07

Chair, I'll move to approve the consent agenda.

2:10

Thank you, Commissioner Breen.

2:11

Do I have a second?

2:12

Second.

2:13

Thank you, Commissioner Toronis.

2:15

Uh all those in favor say aye.

2:17

Aye.

2:18

All opposed, nay.

2:19

And that motion does pass seven to zero.

2:21

We'll take a moment to note that we do have a quorum of commissioners here this evening with seven of nine in attendance.

2:28

Uh Commissioner Bergita and Commissioner Corcorn were unable to join us this evening.

2:34

Tonight we'll move on to our regular business and regular agenda.

2:38

We have four scheduled public hearings.

2:41

Uh on the first one, a continuance has been requested.

2:44

Anytime a case is scheduled for a continuance, the public hearing is not opened.

2:49

Therefore, comments, recommendations, or anal analysis are not provided or discussed until the public hearing is open.

2:57

This process ensures that anyone interested in the case has full opportunity to participate.

3:03

So continuance is requested to a future planning commission for SU 23-0007.

3:11

I'd like to call for a motion regarding their request for a continuance.

3:16

Mr.

3:17

Chair, I move that we approve their request for continuance of SU 23-0007.

3:24

Thank you, Commissioner Chapman.

3:25

Do I have a second?

3:26

Second.

3:27

Thank you.

3:29

Commissioner Creighton.

3:31

Um I'll have a vote voice vote on this.

3:34

All those in favor say aye.

3:36

Aye.

3:36

Oppose nay.

3:38

And that motion passes seven to zero.

3:43

Move on to our second public hearing, and a continuance is also requested for this one as well.

3:48

I'll call for a motion on this item regarding the continuance on RZ24-0007.

3:58

Mr.

3:58

Chair, I'll move uh to approve the continuance to a future planning commission meeting for RZ24-0007.

4:06

Thank you, Commissioner Breen.

4:07

Do I have a second?

4:09

Second.

4:09

Thank you, Commissioner Chapman.

4:11

All those in favor say aye.

Discussion Breakdown — Share of Meeting
Land Use Planning█████████████████████████████████████████████66%
Procedural██████████14%
Community Engagement██████9%
Public Engagement█████8%
Transportation Safety██3%
Summary of Proceedings

Olathe Planning Commission Meeting - April 29, 2024

The Olathe Planning Commission met on April 29, 2024, at 7:00 PM with seven of nine members present. The meeting included approval of the consent agenda, two continuances, and two public hearings on rezoning and preliminary site development plans. The commission approved both rezoning applications with modifications and will forward them to the city council for final consideration on May 21, 2024.

Consent Calendar

  • The consent agenda, containing two items, was approved unanimously (7-0).

Public Comments & Testimony

  • Item RZ23-0013 (Caribou Coffee): Bill Siler, president of the Villas of Asbury HOA (speaking individually, not on behalf of the HOA), stated that residents generally welcome the coffee shop but requested that any approval include restrictions on operating hours (to avoid early morning/evening headlight glare) and that the final site plan address headlight screening. He expressed no strong opposition overall.

Discussion Items

  • Item SU23-0007 (Verizon compound expansion) and Item RZ24-0007 (rezoning at Asbury Center): Both were continued to a future meeting at the applicants' request. The public hearings were not opened, and the continuances were approved unanimously (7-0 each).
  • Item RZ23-0011 (New Creation Community Center): Senior Planner Emily Carillo presented a request to rezone 0.26 acres at 504 East Kansas City Road from M-2 (General Industrial) to C-2 (Community Center) to allow a nonprofit social services facility for substance abuse recovery. The site has an existing 3,200 sq. ft. building. Staff recommended approval of the rezoning (with one land-use restriction) and the preliminary site development plan (with several stipulations). One neighborhood resident expressed general support. No public comments were received. The commission voted 7-0 to approve both the rezoning and the preliminary plan subject to all staff recommendations.
  • Item RZ23-0013 (Caribou Coffee): Ms. Carillo presented a request to rezone 1.10 acres at the northeast corner of West 159th Street and Brentwood from RP-1 (Planned Single-Family Residential) to C-1 (Neighborhood Center) for a 605 sq. ft. fast-food coffee shop with a drive-thru (categorized as “fast food” per the UDO) plus a future commercial building. Staff supported the C-1 district but recommended prohibiting fast food at this location due to proximity to residential areas. They offered an alternative (Section 13 of the staff report) allowing fast food only on lot one with a 5 a.m. to 8 p.m. daily hours restriction. Commissioners discussed precedent, traffic circulation, and the difference between fast food and fast casual. The applicant, Joe Campbell (original developer), and Rob Bars (Mint Development) were present. One resident email expressing concerns was received that morning. The public hearing included one speaker, Bill Siler, who echoed resident concerns about hours and headlights but did not oppose the use. After deliberation, Commissioner Creighton clarified a motion to approve the rezoning under the alternative (Section 13, items A1 and A2: allow fast food only on lot one, with hours restriction). That motion passed 7-0. A second motion to approve the preliminary site development plan under the same alternative (including all five stipulated conditions) also passed 7-0.

Key Outcomes

  • SU23-0007: Continuance granted (7-0).
  • RZ24-0007: Continuance granted (7-0).
  • RZ23-0011 (New Creation Community Center): Rezoning to C-2 and preliminary site development plan approved (7-0). Will go to city council on May 21, 2024.
  • RZ23-0013 (Caribou Coffee): Two motions approved (both 7-0):
    1. Rezoning to C-1 with land-use restrictions allowing fast food only on lot one and limiting hours to 5:00 a.m. – 8:00 p.m. daily.
    2. Preliminary site development plan for the coffee shop and future lot two (with stipulations including traffic circulation review, landscape screening for headlights, and additional design waivers). Both will be considered by the city council on May 21, 2024.
  • The meeting also included an announcement congratulating Commissioner Breen on being selected for the 2024 class of “40 Under 40.”

Meeting Transcript

Like to call tonight's meeting to order. Please join me in the Pledge of Allegiance. I pledge allegiance through the flag of the United States of America. Under God. I'd like to thank everyone in the chamber for attending this evening's meeting. Also welcome those watching us online and to make a note those that you might be watching on the television station. Those airings are coming to an end on May 21st, and the meetings will be online only streaming. So you can get that information from the City of Olathe website. Planning Commission meetings are an important part of the process for interpreting and applying the city's comprehensive plan and the unified development ordinance. It's important that our meetings are conducted with dignity and respect that applies to every person in attendance. We strive to provide an atmosphere where the ideas and opinions of all participants are held in the highest regard. Finally, the actions of the issues we discuss are ultimately under the responsibility of the city council. As a planning commission, we're here to help the council as our elected representatives to be fully informed to make the best choices for our city. By statute, the planning commission strives not to engage with any party on the issues on our agenda prior to our meeting. Should that interaction take place as a result of a business relationship or any other interaction, which is referred to as ex parte communication, commissioners will report that interaction when we reach the item on the agenda. We'll now move on to the consent agenda. This evening we have two items on our consent agenda. Commissioners, do you need to pull any items for additional information or questions from staff? If not, do I have a motion on uh for the consent agenda? Mr. Chair, I'll move to approve the consent agenda. Thank you, Commissioner Breen. Do I have a second? Second. Thank you, Commissioner Toronis. Uh all those in favor say aye. Aye. All opposed, nay. And that motion does pass seven to zero. We'll take a moment to note that we do have a quorum of commissioners here this evening with seven of nine in attendance. Uh Commissioner Bergita and Commissioner Corcorn were unable to join us this evening. Tonight we'll move on to our regular business and regular agenda. We have four scheduled public hearings. Uh on the first one, a continuance has been requested. Anytime a case is scheduled for a continuance, the public hearing is not opened. Therefore, comments, recommendations, or anal analysis are not provided or discussed until the public hearing is open. This process ensures that anyone interested in the case has full opportunity to participate. So continuance is requested to a future planning commission for SU 23-0007. I'd like to call for a motion regarding their request for a continuance. Mr. Chair, I move that we approve their request for continuance of SU 23-0007. Thank you, Commissioner Chapman. Do I have a second? Second. Thank you. Commissioner Creighton. Um I'll have a vote voice vote on this. All those in favor say aye. Aye. Oppose nay.

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