And welcome to the September 22nd, 2025 mining commission meeting.

Please direct your attention to Ms.

Hollingsworth.

All right.

Good evening, Kim Hollingsworth, Planning and Development Manager, and thank you for calling the meeting to order.

As we begin our meeting this morning, or this evening, we'll take a moment to acknowledge that we do have a quorum of planning commissioners with seven of nine in attendance.

And as you can see, Chairperson Janner and Vice Chairperson Breen are absent this evening.

So we will begin our meeting with election of a temporary chairperson.

Do I have a motion to elect a chairperson?

I move that uh Commissioner Creighton serve as Planning Commission Chair for our September 22nd Planning Commission meeting.

Second.

Thank you.

And I have a second from Chairperson Bergita.

All in favor for electing Commissioner Creighton as our chairperson this evening say aye.

Aye.

Any opposed, nay.

All right.

That motion passes, and I will turn it back over to Chairperson Creighton.

Thank you.

Thank you.

And to open the meeting, you're invited to join us in the Pledge of Allegiance.

I pledge allegiance to the fly of the United States of America.

And to the Republicans.

One nation under God, indivisible, liberty, and just distrawn.

Thank you.

And as uh was noted, we do have a quorum with uh seven of nine in attendance.

And so um if you will bear with me because I don't do this very often, I'm gonna read our opening statement because I don't have it memorized.

And so um again, welcome to our meeting.

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 on 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 to not engage with any party on issues on our agenda prior to the meeting.

Should that interaction take place as a result of a business relationship or other interaction referred to as ex parte communication?

Commissioners will report that interaction when we reach that item on the agenda.

So we will now move to the consent agenda, which this evening consists of two items.

Does any commission member need to pull an item for separate uh discussion or conversation?

Mr.

Chair, I'd like to pull item number PR 25-0014.

I don't have any questions with this item, but my company was involved in a preparation of the application, so I'd like to recuse myself from the discussion and action.

Okay, thank you.

Stay with us and we'll have you vote on the first item and then on that one.

Um other items that we need to pull.

If not, I would take a motion on the one item or uh item A of the consent agenda.

So moved.

We have moved for the approval of the consent agenda.

We have a motion for item A of the consent agenda by Mr.

Brigitte.

Is there a second?

Second.

Second by Mr.

Chapman.

All indicate by saying aye, their approval.

All right, aye.

Aye.

Opposed by nay.

And after this, we'll bring Mr.

Corcoran back.

Same now.

Moving to item B, PR 250014.

Uh, does anyone else have any comments or questions on that?

And if not, I would entertain a motion on that item.

Mr.

Chair, I would move for the approval of PR 25-0014 with all stipulations as recommended by staff.

Thank you.

Is there a second?

All second.

That was a motion by Mr.

Bergida with a second by Mr.

Chapman.

All in favor indicate with saying aye.

Aye.

Aye.

Opposed by nay.

Passes.

Mr.

Corcoran.

We now move to the regular agenda, which this evening includes two public hearings.

Tonight's first public hearing is a request for the approval of a rezoning with a preliminary site development plan for advan health located in the southeast of 119th and ALCAN.

Mr.

Chair, uh, once again, I'm going to have to recuse myself from uh discussion and action on this item as my company was involved in preparation of the application.

Okay.

Thank you.

Thank you.

On the when we complete that, we'll have you return.

We will begin with Ms.

Morgan for the evening.

Good evening, Commissioners.

Andrew Morgan, planner two.

As introduced, the following is a request for a rezoning with a preliminary site development plan for Advent Health Medical Facility located at 14345 West 119th Street.

The subject property highlighted here in yellow is approximately four acres and currently developed with a vacant church.

The subject property is currently zoned R1 single family residential and is requesting to rezone to the office district to allow for the medical office use.

The future land use map of Plan Aletha identifies the subject property as conventional neighborhood, which typically consists of single-family housing.

However, the development is adjacent to a designated neighborhood center, part of which was rezoned to the R3 district in 2024.

The proposed office district will allow for commercial zoning to be retained along 119th Street.

In addition, the proposed office district aligns with other policies of the Planeletha regarding providing a mixture of complementary land uses and economic sustainability.

The office district includes a number of employment, a number of employment focused uses.

The rezoning is compatible with the adjacent commercial districts and the uses found nearby.

However, staff recommends the restrictions of higher intensity land uses on both on the subject property due to the adjacent residential zoning to the north, east, and south.

These restrictions will minimize the impact on the adjacent residences, and the applicant is amenable to these restrictions.

As mentioned earlier, the site is currently developed with an existing building and parking area.

The applicant is proposing to retain the general layout of the site, but will demolish the existing structures to construct a two-story 22,520 28 square foot medical office building.

The primary building entrance is located at the northwest corner of the building and faces west.

The existing access to the site from Alkin Street will remain, and an additional access point to the south will be added to increase site circulation.

The existing parking lot layout is being utilized, and 105 parking spaces are being provided.

The applicant is meeting all landscaping standards and all required perimeter plantings are proposed along all street frontages and buffer requirements are being met.

Along the east and a portion of the south property lines, the required 20-foot buffer, 20-foot type 3 buffer, which includes a six-foot berm and double row of evergreens, is being provided between this development and the adjacent residential properties.

Along the remaining south property line, a 16-foot-wide natural type N buffer is being provided as permitted by the UDO.

This will accommodate the existing detention basin and preserve mature vegetation.

The proposed building is exceeding UDO requirements and utilizing a mixture of class 1 and 2 limestone veneers, architectural metal panels, and glazing options.

The color scheme of the building includes two different tones of natural beige with gray glazing and natural woodlook accents.

The natural color scheme helps the building blend into the natural environment and complement the future development to the south.

The applicant met all public notice requirements.

A neighborhood meeting was held in accordance with UDO requirements on August 28th, 2025, with one resident in attendance.

Topics discussed included business operations, site layout, landscaping, and site history.

Staff has not received correspondence from any individuals regarding this case.

Staff recommends approval of RZ-250010 with the following stipulations and the preliminary plan as stipulated.

The applicant agrees with all stipulations, and this item will be considered at the October 21st City Council meeting.

That concludes my presentation.

The applicant does not have a presentation tonight, but is available for questions as am I.

Thank you.

Thank you.

I'll begin with commissioners.

Are there any commissioner questions?

Mr.

Trunks.

Thank you, Mr.

Chair.

Thank you, Ms.

Morgan, for your presentation.

I really only have one question.

It says that only one property owner attended.

I didn't see whether there's any questions or concerns asked.

Were there any that you are aware of?

That property owner is here tonight.

And he just had some concerns regarding mostly I think landscaping and the ambulance traffic, if there would be any.

Okay, thank you.

Anyone else?

Mr.

Bergita.

Thank you, Mr.

Chairman.

In the City of Olatha, is there any instance of a medical or other office building getting a waiver so that it can be an R1 or R2 or R3?

Not to my knowledge.

Okay.

That's it.

Thank you.

Okay.

Yes, Ms.

Lynn.

Thank you, Mr.

Chair.

One of the stipulations is it cannot be a laboratory for researcher testing.

Is this not considered something that would have laboratory testing?

That is a specific standalone use and not an accessory use, which any diagnostics that would happen is part of the medical office use.

Thank you.

Mr.

Chapman.

Yeah.

Andrea.

The narrative indicates it's a medical office, but it will have ambulance services provided.

Is that correct?

No, it is a medical office and it does have a standalone emergency department.

And the only ambulances that will be at the facility if somebody needs to be transferred out of that facility to a hospital.

So the office hours will be what for this facility?

For the outpatient services, it will be Monday through Friday approximately like 7 a.m.

or 8 a.m.

to 5 p.m.

And then the ER department will be open 24 hours a day, seven days a week.

Okay.

And then there was a question about the house, the dwelling that also sits on this site, I think.

And I think it was in the meeting with the neighbor who raised the possibility that this might be a historical home of a John Spear.

Has there been any further look uh into that issue?

Um we haven't looked into it much further.

Um Emily Corillo, who is the um staff liaison for the historic preservation board, is here.

We have discussed if that house has any significance and we can discuss with the resident to see if it meets that criteria.

Does that if it turns out that it is a historical site for preservation, does that alter anything with regards to the applicant's uh proposal here?

Um I can defer to Ms.

Corillo for that.

Emily Krillo, senior planner and also staff liaison to the Olatha Historic Preservation Board.

Wait a second, sorry.

Um we can't explore the um historic significance or nature of the property.

I do believe my understanding is it's not necessarily historic from a architecture significance.

It's more from a historic figure.

Um it has some significance within our community.

I may let um the resident, I think is probably has some information on that too.

He is also on our preservation board.

Um, but I think that is the significance that um is accompanying or associated with the house located on the site.

Okay, thank thank you.

And I think Andrea, probably just one more question for you.

Um is going to be the main uh ingress egress for this facility, correct?

Andrea Morgan planner two, yes, that's correct.

And will that um will that Alcan Street, which really is sort of a stub street?

Will that also be used by the Olatha Commons that's being developed there currently?

Yes, so Olatha Commons um with uh they are in charge of putting in some traffic improvements, so AlCAN will turn into 120th Street and connect to the Olatha Point development and out to Shannon Lane, which has the full access signalize intersection.

So Olatha Commons in addition to Alcan, it will also have um entrance and exit points to Olatha Point as well.

Correct.

Okay.

All right, thank you.

Any other commissioner questions or comments at this time?

If not, I do have a couple, Ms.

Morgan.

Um first of all, regarding the building and uh itself.

And where I'm going with that is the landscape buffer and the tree preservation for holding that uh site line down for lack of a better term.

I I can think of a new facility for Evergreen along 100 or along college that has a similar type of use.

And so I just want to make sure if you can talk to a little more in depth about the landscape.

And then another thing that has long been a concern of residents in this neighborhood, going back many years, is access to their neighborhood.

My understanding is that will remain closed.

Yes.

I'll start with your second question first for the access.

That access will remain closed.

The only changes to the access for this site will be adding the additional access point south onto Alcan Street.

And there is one similar facility, aside from the Evergreen at 151st and Quivira.

And it's a probably slightly larger adjacent to residential, and they also had significant buffering as well.

So one follow-up to the question from Mr.

Chapman about the emergency access vehicles.

From what I saw, that would if that were to be the case, the uh they would enter from the front and not the back side of the building.

Thus limiting some of the noise in the sirens, the lights to the neighbors.

Is that correct?

Yes.

So the applicant has indicated that any time an ambulance would exit 119th Street, any sirens would be turned off and they would turn on to Alcant Street onto the Southern Access Point to access around the southern portion of the building.

Okay.

Thank you.

That's all I had.

Anyone else?

I know you said that the applicant is here.

Um does there anybody have any questions for the applicant since they did not have a presentation for us.

Okay.

I would now call our public meeting to order.

We have one person signed up.

Uh Mr.

Carney, if you'd like to come forward.

And I know from reading the notes that you have been uh a longtime resident, so there's probably very few places in Olathe that have had as much activity through the years as this.

So I I am sure you understand the process.

So just please state your name and address for the record, and there's the clock to kind of guide you, please.

There we go.

Thanks.

If I could reference the question about the historic nature being sorry for the record time starts or anything.

For the record, can you state your name and address for the record?

Thank you.

Go ahead and I said that.

I do the minutes.

I just need your name and your address for the record.

Thank you.

Tom Carney at 11918 South Greenwood Street in Olatha for almost 73 years.

As far as the historic nature of this property, actually, if you look at 29 acres, of which this, I don't know how many acres this is.

29 acres of this was part of the Spear Farm.

If you go across the street across 119th to the uh Avignon and home homestead apartments complex, all of that was Hugh Spears Kid Farm.

He would have uh people come out and they would uh uh visit with all the farm animals and everything.

Hugh Spear is a noteworthy individual.

He was an attorney here, and he was one of the uh attorneys that argued Brown v.

Board of Education in 1954.

So that is his connection to a very uh very historic very historic event.

Okay, if I can start over at uh at five, I'd appreciate it.

Can I?

Yeah, I'm okay if we do that because you were answering a question related to something else.

Otherwise I'll sing.

Okay.

I just I saw that as in your purview with the So I'm gonna be a little provide a little grace and mercy tonight.

Thank you.

I speak for you, not necessarily in opposition to the rezoning, although to take a property from R1 to O seems to be, as you mentioned, a very drastic step.

Years ago when the Ethiopian Christian Church approached our neighborhood about building its church behind our five homes, and I'm uh Wincroft lot number thirty-seven, if you can see that, and then all the way up to uh hundred nineteenth.

Those are the five houses that abut this uh this property.

Um we sought several assurances.

Uppermost in our minds was the issue of opening the one hundred twentyth street stub, which as you can see is to the southeast of this uh of this project.

Uh we were concerned that church traffic in and out would go past my driveway, empty onto Greenwood Street.

We received an assurance then that this would not be open, the church was built, and the church has been a very good neighbor.

Fast forward to several iterations of the 29 acres south and southwest of the church.

Again, we asked for and were granted the concession that the stub not be open to traffic from townhomes, apartments, and retail to quote our city council member Marge vote, quote, they will never open up that street.

It is important that the members of the planning commission be aware of that assurance first of all.

As I said, I'm not necessarily opposed to the rezoning, but I have some questions for the developer, hoping he can answer and put to rest any issues we may have.

These concerns are real, and I would ask that the developer place these in any future plans.

First of all, detention pond.

On the graphic it says existing detention pond.

If we had the uh uh the Google uh earth view, you would see that the existing detention pond is completely covered with uh trash trees, etc.

Uh that's on the south border of the pot of the property.

It's filled with trees of all sorts and other growth.

At one point, some members of a church were growing corn there.

I would ask that the developer pledge to clear out this detention pond, return it to its function.

Second issue is the berm.

Despite assurances that the owners of the church property would maintain a berm between its property and the five houses to its east, these promises have not been kept.

Although the evergreens planted behind my residence continue to flourish, and they could use little mowing from time to time.

Others along the property line have not been as fortunate.

I would ask the developer to take a serious look at any berm it will place between its property and ours and maintain it as required.

As you can see from this graphic, uh the uh tree line on the east side of the property.

Uh once you get past lot 37, it's virtually non existent.

Lighting, as I said before, the church has been a very good neighbor.

Lights from its parking lot have largely been unnoticeable.

As I understand, the city requires lighting that creates minimal light pollution.

I would ask the developer be held to that standard, assure that the lights from its facility will not compromise properties to the east.

Fourth issue is drainage report.

Although the five houses on the east side have adapted somewhat, drainage from the church property continues to be an issue.

When the land was agricultural, rainwater would drain to the west of our property.

Uh in other words, it would go well to to the west of our property down to 120th Street.

That flow has been altered, and during rainfalls, a small river runs through four of the five properties.

This is not intended to assign blame to anyone, but ask that the developer give assurances, the original drainage be considered and implemented.

Fifth, the issue of rezoning.

When we bought our homes, we bought with the knowledge the property behind us was zoned R1 or single family residential.

When another developer came to came came to build uh townhomes, apartments, and retail, the planning commission and later the city council changed the zoning to multifamily.

That was about twenty years ago.

Economic calamity in 2008 halted the first approved rezoning, and personal financial problems of another developer halted another.

The property still, however, was zoned multifamily, never reverted to original zoning.

Advent Health seeks to open a facility and requests a rezoning.

A similar facility existed at 135th in Black Bob and closed after a short time.

There already exists an Advent Health facility at 1474 West 119th Street, scarcely a stone's throw from this property.

I also notice this facility opens at 8 and closes at 8.

The developer's facility seeks to have 247, 365 hours.

What will be the disposition of this other facility should the rezoning be approved?

Although we hope for success for this facility, what will happen to the zoning should this care facility have to close?

Will the zoning remain O or will it revert to R1?

When I met with representatives of the project one, I was concerned emergency vehicles will be coming into this facility at all hours.

Remembering it is open 24-73.

Excuse me, Mr.

Carney.

I was assured that such events would not occur.

As they say in the business world, I would like that in writing.

Okay.

I went over my time.

Sorry about that.

Thank you.

And thank you to staff for giving me a little grace of allowing Mr.

Carney some extra.

Before we close the public hearing, I would like to ask if Ms.

Morgan would come forward.

I just there's a couple of questions that were raised.

Thank you, Mr.

Carney.

And would just like you to respond, and if the applicant does desire to respond, if there is any questions that you can't respond to.

Specifically, that the uh couple of the major ones that uh picked up one was uh making sure that the existing detention is made functional and the uh that the drainage, how that because those kind of tie in again the buffer maintenance and finally my understanding is is if this proceeds and city council does approve it, um, if this fails, it would maintain the uh the O zoning.

Correct.

Is that correct?

Yes.

Andrea Morgan, planner two.

Um so regarding the stormwater, um so the for this site in particular, uh they are increasing the impervious surface by 13 percent, and they will be making some improvements to the existing drainage area per the stormwater report um done by the applicant.

Um so that hopefully or that they will be addressing stormwater issues on the property.

And regarding the berm, um the the six-foot berm um will be going in at the time of construction for this site.

It's not something that will be installed later.

Um then regarding um regarding the the zoning, yes.

Once the zoning action takes place um from the city council, that zoning stays with the land.

Thank you.

Thank you.

Are there any further questions before I call for a motion to close the public hearing?

Chairman.

Um Andrea, one one further question on um lighting.

Um this building does back up to several homes there.

Uh I assume there will be lighting on the back of this building.

Do we know if these lights are all downward facing so that they don't create a lighting problem for the homeowners?

Yes.

Andrea Morgan, planner two.

So the photometric plans are handled at time of final site development plan.

We we haven't reviewed one for this site yet.

Um, per the UDO that any um any lights, exterior-mounted lighting on a building cannot be visible from a residential property.

Okay.

All right.

And just one comment.

Uh I drove out there over the weekend because I was curious about this site.

Um, that's a detention site and name only.

I couldn't tell it was a detention site.

It's all full of trees as the uh um the neighbor indicated, it was tough to determine that.

So that we need to make sure that that stormwater detention site, in fact, is addressed.

Thank you.

Thank you.

Any other questions?

Yes, sir.

Since 120 120th Street isn't there now, and the detention pond is south of that, right now the water from the runoff in the parking lot in the current parking lot has free rain.

Once 120th Street is in there, how does the water get to the detention pond?

Does it go over the top or underneath or how?

Chapel Chief Community Development Officer.

So when 120th Street is constructed, it will uh be curb and gutter and it will be collected in uh enclosed systems, so there will be pipes that actually convey the water to the detention area.

Say that again, please.

So when the streets constructed, the water won't be able to just run wherever it is now.

It will actually be concentrated in the street, and then there will be curb inlets that pick that water up and carry it away in a pipe.

And piggybacking on that, that but we're still not connecting to 120th Street in the neighborhood, correct?

It will code.

That's correct.

Yep.

Okay.

Thank you.

Further quick.

Mr.

Brigida.

Point of inquiry firstly, uh we're able to close the public hearing and then continue discussion, correct?

Is it shouldn't we be doing that?

Okay.

Okay.

I do have more items for discussion.

I I just don't think is there I don't think there's anyone else sign up to speak.

So I just wanted to make sure that we didn't have anything that needed to draw the applicant.

Oh, okay.

Okay.

With that said, with nobody else, I would entertain a motion to close the public hearing.

So moved.

We have a motion by Mr.

Brigida.

Is there a second?

Second.

Second by Mr.

Chapman.

All in favor of closing the public hearing say aye.

Aye.

Aye.

Those my nay.

That passes.

Okay.

Now we'll go back to internal questions.

Thank you.

Thank you, Mr.

Chairman.

A question for staff.

So Dr.

Hugh Spear, what's the process for verifying that that house was indeed his home?

I will defer to Emily Krilla for that.

Emily Corilla, senior planner, um preservation board staff liaison.

The process just to verify if we get any kind of inquiry like that would just be going to check property deeds, the history of property deeds just to verify a residence or the person having residence at that location.

Okay.

So let's say that it is verified that it was his childhood home.

Is there any uh delays that would go in place, any additional uh processes, or could it just be raised?

Sure.

Um I don't know if the clarification is that that is his childhood home.

I'm looking to Tom.

Tom is probably going to be the historian and we would refer to the preservation board.

But what we would typically do to verify if it's a birthplace of a historical figure type of investigation is we would we could run our research concurrently to this process.

Um sometimes when we get a demolition permit in where we're already at that phase, um if it's something that potentially has some historical significance, we'll put a pause on that to give us time to do some research.

And or if we know it's in a state where it's going to need to come down anyway, um, it allows us time to archive that, meaning taking pictures, getting any kind of documentation and archiving that into a database so that we have that captured and we have that information.

So to to phrase my question, and I think you partially answered this, but to phrase my question a little bit differently, even if we were to vote yes today, there are still mechanisms in place where that site could be preserved if it is found to be his home, or at minimum there's a process in place where it could be documented.

Correct.

Okay.

And then getting back to the office zoning as opposed to R1, and I'm going to kind of I guess rephrase or come up with a different question related to my earlier question, because I do think this has come up several times since I've been on the board where a property got rezoned for one purpose, something happened, fast forward five, ten years or whatnot, and all of a sudden we are looking at a completely different development at the property.

And so for me, I'm I am sympathetic to, okay, this is going in now, and we're fine with that as office, but what's going to prevent it from getting moved from office to commercial center or something like that?

It's a much smaller movement once this has happened.

So is there any mechanism that we can approve such that, okay, it's for this one instance, uh, this office building is okay, but so that there's some assurances to the community that this isn't going to move further than office building?

Does that does that make sense?

I guess could I make one comment?

And I would refer and staff can go from here, but I would refer to the bottom of page nine of our report into number 10.

There is a significant list of prohibited uses.

And so that would be my understanding that that would be our primary mechanism.

But uh can you confirm that please?

So that would be the the mechanism under the current zoning, but if another applicant came along and wanted to rezone I I do understand your point.

I guess my point is it's still office zoning is much closer to commercial than R1 with a special use permit for a church if that makes sense.

So in it in addition to I guess the the stipulations is that our is I'm assuming that's our control mechanism.

Is there any other mechanism that's we have available that could make it a little stronger or no?

Kim Hollingsworth Planning and development manager.

So what you're getting at and and Andrea can help me out here our office district list of uses is actually very limited.

And so when you see and if Andrea can go to that slide just so we have it in front of us the list of stipulations that we're recommending right here.

So that that's a pretty extensive number of things out of a short list, right?

So it's really really narrow of what can go here based on this stipulation that we're putting in front of you and we're really comfortable with this because it it's really limiting to very small number of things that can be here.

And if an another development came that did not fit within the office district under these stipulations we would go through the same process public hearing looking at it against its own merits of that new proposal.

So we would still have the same process in place to go through so with this list of stipulations is essentially the one use the one that's being proposed for the site.

There's maybe a handful Andrea I think looked at that and can help me out here it would be very small number of things that could go here.

Okay.

Yeah.

And I guess my my comment then this is not a follow-up question is that it that is some protection but eight years from now is it going to be recorded in the notes that these protections were put in place to preserve the character in this way I don't know if that will be or not Ms.

Lynn just to follow up on that this seems to be more like a medical facility rather than an office building is that how this should be zoned so the um Andrew sorry Andrea Morgan planner two we don't have any specific zoning for the medical use when we looked at this when the applicant came in we looked at what the most appropriate zoning would be and felt that the office zoning aligned most closely with um the proposed medical office use.

Yeah and I'll add in a little bit Kim Hollingsworth again that this is the least intensive commercial district where this use can exist.

Otherwise we're in a commercial district C one through C4.

An office is considered less intense the closest thing we have to residential actually if that helps you.

Yes I I guess I'm thinking about a potential 24 hour ambulance service and how that might affect residential area next to it.

Yes Andrew Morgan I there should the applicant has indicated that there will approximately only be one ambulance coming to the site once per week based off of the data from their other um emergency departments throughout the Metro and across the country so they are very conscious of of it being up against residential and if it were to come at you know sometime after uh normal business hours they would you know try to minimize noise and and light so no sirens would be going off at that time thank you.

Thank you.

Anyone else I have a question.

Sir Mr Brown just to supplement off of uh Commissioner Land's question what's what's the uh echo building that used to be Olatha 151st and Gravera what's the zoning on that?

That is office zoning as well.

So same zoning thank you.

Thank you.

Any other questions?

And just to follow up on Commissioner Brown what is the zoning for what was the St.

Luke's hospital at 135th and Black Blub I don't have it in front of me but it's most likely a C2.

It's going to be one of the commercial districts.

Okay.

Yeah we can look that up while we're discussing.

Okay.

All right thank you.

So yeah if you could just when this proceeds to City Council whatever our vote if that would be something that you could provide but uh I personally am comfortable with that with the O zoning for office as being the least obtrusive to of any of the other districts it could be in.

Are there any other questions?

If not, we have closed the public hearing.

So I would call for a motion on item RZ25-0010.

Mr.

Chair, I would move for the approval of RZ25-0010 with all uh stipulations as recommended by staff.

Thank you, Mr.

Bergita.

Is there a second?

Second.

Second by Mr.

Toronis.

Would you uh please uh take a uh vote?

Sure.

Commissioner Toronto's Yes.

Commissioner Bergida?

Yes.

Commissioner Chapman?

Yes.

Commissioner Lynn?

Yes.

Commissioner Brown?

Yes.

And acting chair Creighton?

Yes.

That motion passes six to zero.

Uh six to zero with one recusal.

Thank you.

Thank you for everyone's attendance for that item.

And we will ask Mr.

Corcoran to return.

Thank you, Mr.

Belcher.

We now move to our next schedule public hearing, which is RZ25-001.

And Ms.

Krilla will be presenting on behalf of the city.

Yes.

Thank you.

Good evening, Commissioners.

Emily Carillo, senior planner, as introduced, the following is a request for a rezoning with preliminary site development plan and also a final plat application for Earth Contact Products.

The subject property is located at 15680 South Keeler Terrace, highlighted here on your screen in blue.

And the applicant proposes to redevelop an existing industrial site with the construction of a new 28,000 square foot industrial building intended for the expansion of manufacturing, storage, and shipping operations for Earth Contact Products.

And the subject property currently remains unplatted.

So on the left side of your screen here, we'll take a quick look at the zoning.

The site currently retains county zoning and does require rezoning to a city district prior to any development activity.

The proposed M2 district does support the proposed flex space office and warehouse use being proposed here.

And it's also consistent with Plan Olatha future land use map, which designates the site as industrial area.

You can see it on the right hand side of your screen.

The proposed rezoning does meet several policy elements of the plan a latha comprehensive plan, including consistency with the plan, support for local businesses, and reinvestment and existing industrial areas.

So quickly we'll take a look at the final plat associated with the application.

The final plat will establish lot lines and dedicate easements for one lot proposed to be redeveloped as stated.

An existing 20-foot utility and drainage easement runs along the west property line beneath existing pavement.

You can see that on the screen here highlighted in green along again along that western edge.

And then a new 10-foot utility easement is being dedicated with the plat along Keeler Terrace, which is highlighted here in blue, and that's just consistent with adjacent properties out in this area.

The two existing buildings located on the site were constructed in the 80s as part of the larger Southwest Properties Industrial Park and is intended for these to be demolished to make way for the new 28,000 square foot industrial building.

The site will continue to take access from South Keeler Terrace with the two existing act access points remaining, but that will be transitioning into one-way truck circulation pattern, as you can see here that will circulate around the perimeter of the site.

The preliminary development plan does comply with all applicable UDO requirements, including dimensional standards, setbacks, parking, landscaping, and screening.

The development is subject to the industrial building design standards per the UDO.

What you see here is the east, which is the street-facing facade, and it serves as the building's primary, its only primary facade.

It is organized into two distinct um portions.

The southern portion, let me see if I can.

That portion contains the loading area and the two dock doors that you see here.

The primary facade does incorporate a mix of clear glass, cultured stone, and textured insulated metal panels and neutral brown tones.

And secondary facades are primarily cloud with metal paneling, cultured stone and glass accents.

A stipulation has been included requiring the building design will meet all architectural requirements for industrial buildings prior to final site development plan approval, and that is simply because staff continues to coordinate with the applicant regarding material classifications and the required percentages of class one and class two materials.

The applicant has met all public notice requirements in accordance with the UDO, and staff nor the applicant have received correspondence regarding either of these applications.

The application does meet the golden criteria for considering rezonings as outlined in the staff report.

Staff is recommending approval of the rezoning RZ25-0011 with no stipulations.

Staff is also recommending approval of the final plat, FP25-0026 with no stipulations.

Staff is recommending approval of the associated preliminary site development plan with the previously mentioned stipulation that you see here pertaining to the architecture.

Both applications will proceed to the October 21st City Council meeting.

That does conclude my presentation.

The applicant is present.

Um they do not wish to make um a presentation, but we are happy to stand for any questions.

I will make just a quick note in terms of process.

Um as we close the public hearing for the rezoning and take that vote, we will need a second motion and a second separate vote for the final plat application.

Very good.

Thank you.

Before I go to the public hearing, are there any questions for staff from members of this uh body?

Seeing none, I will open the public hearing.

However, no one is signed up to speak at the public hearing, so I would entertain a motion to close the public hearing.

So moved.

Second.

We have a motion by Mr.

Toronus, a second by Mr.

Corcoran to close the public hearing.

All in favor indicate with saying aye.

Aye.

Opposed by night, and the public hearing is now closed.

And so I would now open it up for Commissioner comments or questions for staff.

Seeing none, then I would uh entertain a motion.

And as Ms.

Corillo indicated, we do need to have two separate uh motions.

One would be for the rezoning.

So my first request would be a uh motion on RZ25-0011.

Is there anything else that we've missed?

Okay.

Mr.

Chair, I'll move to approve application RZ25-0011.

Um staff stipulations.

Thank you, Mr.

Corcorn.

Is there a second?

Second.

We have a second by Mr.

Brigitte.

Ms.

Will, could you take a vote, please?

Commissioner Bergida?

Yes.

Commissioner Chapman?

Yes.

Commissioner Lynn?

Yes.

Commissioner Corcoran?

Yes.

Commissioner Brown?

Yes.

Commissioner Torones?

Yes.

Chair Creighton?

Yes.

That motion passes seven to zero.

We will now move to the next item, which is the uh final plat, the FP25-0026.

May I have a motion on that item?

Mr.

Chair, I'll also move to approve application FP25-0026.

Uh subject to staff stipulations.

Thank you, Mr.

Corcoran.

Is there a second on that?

And a second by Mr.

Brigida.

Ms.

Will, could you please take a vote on that?

Commissioner Lynn?

Yes.

Commissioner Corcoran.

Yes.

Commissioner Brown?

Yes.

Commissioner Torones.

Yes.

Commissioner Bergida?

Yes.

Commissioner Chapman?

Yes.

Chair Creighton?

Yes.

That motion passes seven to zero.

Thank you to the applicant on that and to staff.

And before we uh adjourn, are there any uh announcements from staff?

Yes, Commissioner is really happy to introduce our new deputy city attorney, Amanda Stanley, who is joining us this evening.

She comes from us most re recently from the city of Topeka as our city attorney.

So we're really happy to have her as future at future planning commission meetings and on our team.

And if you'd like to say any brief words, feel free.

Just I am very happy to be here.

So I'm excited to get to know you all better as I cover Planning Commission.

Thank you.

Any other final uh if not um we are adjourned.

Thank you.