I would like to call tonight's meeting to order.

Please join me in the Pledge of Allegiance.

I pledge allegiance.

For which it stands.

One nation under God.

Indivisible Liberty and Justice Strong.

As we begin our meeting this evening, I'll take a moment to acknowledge that we have a quorum of planning commissioners present with eight of nine commissioners in attendance.

Commissioner Corcorn is out of the country and absent this evening.

We'll be missing him.

Thanks everyone in the chamber for attending this evening's meeting.

Planning commission meetings are an important part of the process for interpreting and applying the city's comprehensive plan and 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 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, Planning Commission strives not to engage with any party on the issues on our agenda prior to the meeting.

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

We'll now move to the consent agenda.

This evening we have four items on the consent agenda.

Commissioners, do you need anything pulled for additional information or questions of staff?

Seeing none, I'll call for a motion on the consent agenda.

Chair, make a motion that we approve the consent agenda as listed.

Thank you, Commissioner Tronis.

Do I have a second?

Second.

Thank you, Commissioner Chapman.

All those in favor say aye.

Aye.

Opposed, nay.

That motion passes 8-0.

Move on to our regular business now, a regular agenda.

We have two scheduled public hearings.

The first public hearing is a request for approval of a plat with a vacation for Solomon's porch at Indian Creek Parkway and Merlin Road.

Ms.

Vandeveld will present the case this evening.

Welcome, Taylor.

All right.

Good evening, Commissioners.

Uh Taylor Vandevelde, Planner 2, as introduced.

The following is a request for final plat with a vacation of a utility easement, which requires a public hearing.

The property is located southeast of Merlin and 127th, specifically at Indian Creek Parkway.

The area outlined in red is the replotted area for Solomon's porch, which will is proposed to construct a 19,000 square foot assisted living facility.

The plot will establish one lot and one track for a stormwater detention area as well as uh dedicate public easements and vacate one waterline easement shaded in blue, which will be rededicated and relocated, which is shaded in orange to accommodate a relocated fire hydrant for the proposed project.

All public notification requirements were met, and staff did receive three uh uh public correspondence from the public and adjacent property owners.

Staff responded and explained the location of the utility easement as well as the process for vacations.

Staff does recommend approval of FP 25-0040 with the following stipulation.

This application will be considered at the February 3rd, 2026 City Council meeting.

I am available for questions, and this concludes my presentation.

Thank you.

Thank you, Ms.

Vanderbilt.

Uh Commissioners, do you have any questions for staff?

Well, I will now open the public hearing.

However, we do not have anyone signed up for our public hearing.

So we will move on from that.

Do I have a motion to close the public hearing?

So moved.

Do I have a second?

Second.

Thank you.

Who is that?

Oh, Commissioner Brigitte, thank you.

All right.

All those in favor say aye.

Aye.

Opposed, nay.

And the public hearing is now closed.

Is there any additional discussion needed for this item?

If not, uh, may I have a motion on FP 25-0040.

Mr.

Cheryl move to approve FP 25-0040 as stipulated by staff.

Thank you, Commissioner Breen.

Do I have a second?

Second.

Thank you, Commissioner Bergida.

As well, let's take a roll call vote, please.

Commissioner Brown.

Yes.

Commissioner Toronas.

Yes.

Commissioner Brigida?

Yes.

Commissioner Chapman.

Yes.

Commissioner Sealing?

Yes.

Commissioner Lynn?

Yes.

Commissioner Breen?

Yes.

Chair Janna?

Yes.

That motion passes 8 to 0.

Okay.

We'll move on now to our second public hearing, which is a request for approval of a rezoning for property located at southwest of College Boulevard and Cedar Creek Parkway.

Ms.

Schuler is with us tonight.

Welcome, Jessica.

Good evening, Commissioners.

Okay, there we are.

Good evening, Jessica Schuler, senior planner.

As introduced, tonight's request is for a rezoning to the CC Cedar Creek Zoning District.

This 62 and a half acre acres of land outlined in black here is located southwest of College Boulevard and Cedar Creek Parkway.

This is unplatted property within the Cedar Creek Overlay District.

The property is southwest of the Cedar Creek Corporate Park, as well as the newly constructed swimming pool and amenity area at the hard corner of College in Cedar Creek Parkway.

The property is currently zoned County Rural, our RP1, R1 for single family, and C2, Community Commercial Center near the intersection.

This request would blanket zone this land to the CC Cedar Creek District, which is the preferred zoning district established by the Cedar Creek Area Plan.

The Cedar Creek Area Plan was established in 2012, and properties in this overlay may request a rezoning to the Cedar Creek District or to another district of the UDO.

However, the area plan does state that the CC district is the preferred zoning district because the standards are consistent with the unique character and vision for Cedar Creek.

But following a zoning to the Cedar Creek district, the area plan then allows the developer to select either the residential subdistrict or the mixed use subdistrict at the time of development.

And those subdistricts establish the permitted land uses.

However, there are no development plans proposed this evening.

Any future plans submitted are required to be reviewed by the city against the requirements of the Cedar Creek area plan.

The area plan establishes the dimensional standards, the architectural standards, landscaping and site design standards that must be followed.

The subdistrict established at the time of development is intended to align with the Cedar Creek Area Plan land use map on your screen here, which does establish a mix of uses at the intersection of College Boulevard and Cedar Creek Parkway and residential land uses further south.

This land use map also aligns with the Plan Olatha future land use map of the comprehensive plan.

Staff does recommend approval of the application this evening with no stipulations.

Again, there are no development plans proposed with this rezoning, but future development plans will be required to be reviewed by the planning commission.

We did receive two letters of correspondence late this afternoon, and those were provided to the commissioners.

Those will also be provided to City Council as well.

With that, I'm happy to answer any questions.

Our applicant is here this evening to make a few remarks as well.

Okay, Commissioners, do you have any uh questions for staff before we move on to the applicant?

Seeing none?

Excuse me.

I'm sorry.

Oh, I'm sorry, we did have no Commissioner Toronto.

I need to be faster, Mr.

Chair.

I I do have some questions and comments, but I'd like to wait until after the presentation.

That's okay.

All right.

The applicant make their way to the podium.

Please state your name and address for the record and give us a rundown, please.

Welcome.

Good evening.

Uh Dan Foster with Schlegel, 14920 West 107th Street, Lenex at Kansas.

Also here tonight is Lynn Boxler and Ron Mather with uh Cedar Creek, uh the property owner uh out there.

The staff report and presentation provide a great explanation and analysis of the request.

So I'm going to keep my comments brief, mainly focusing on just a couple of sections within the Cedar Creek area plan that we feel are important to understand the background about the Cedar Creek Zoning District.

So from 2008 to 2012, the city directed the completion of a Cedar Creek area plan, which had input from city staff, city leaders, Cedar Creek residents, and the current owners of the undeveloped parcels.

The purpose of the plan was to create and adopt the development standards that follow the original Green Book that was the original Cedar Creek development standards created when the project began in the early 80s.

So as quoted in the Cedar Creek Area Plan, and I quote, this new district is anticipated to promote and encourage development character that complements the residential and commercial construction envisioned in the original Cedar Creek Green Book Master Plan.

End quote.

That's directly out of the current Cedar Creek Area Plan.

And again, it established what was the standards were going to be in order to maintain what had been done since the early 80s.

Secondly, as stated in Section 18.51.010 of the adopted Cedar Creek Area Plan, and as mentioned by Jessica.

The I quote the overlay district provides for the preferred zoning district and standards for rezoning to that preferred zoning district.

The preferred zoning district within Cedar Creek Overlay is the CC District, Cedar Creek.

And that was established by Section 18.51.030.

The City Council found at that time that the preferred zoning district implemented the Cedar Creek Area Plan and the past development style that was established when the Cedar Creek began.

It also became a component of the city's comprehensive plan.

As such, rezonings to the CC within the Cedar Creek Overlay District are presumptively consistent with the comprehensive plan.

So therefore, our client request tonight is consistent with the predetermined and the standards that were outlined in the Cedar Creek area plan.

We're doing exactly what we were asked to do as part of that Cedar Creek area plan.

Currently, the area is for the rezoning includes a mixture of county and city zoning districts.

Some of them are little bitty slivers.

And so it makes it a little bit difficult when we come in with plans that we've got to do all these rezonings of all these different zoning districts.

So the easiest thing to do was just to have it zone under one district, the CC district, and then we would apply the Cedar Creek standards to that district so that it would follow what had been done in the past.

With this request, our client is following the purpose intent of the Cedar Creek Overlay District, and so we respectfully request that you recommend approval of the rezoning for the following reasons.

One, it matches the section of the Cedar Creek area plan that states that this is the preferred zoning district.

Two, this rezoning request is in compliance with the Cedar Creek Area Plan Green Book approved in August of 2012.

Three, the staff concurs with the appropriateness of the zoning request and the recommends approval for the project.

So this concludes my remarks, and I'd be happy to answer any questions.

Are there any questions for the applicant?

Okay.

Thank you.

Thank you for being here.

We'll move on now.

And I will now open the public hearing.

However, again, as in the first, we have no one signed up to speak.

I will make a note as uh restate what Ms.

Schuller did uh stated that we did have some written correspondence in even late today, and that has been distributed to all the commissioners so that they can take that into consideration on their vote.

Um but now uh I will uh entertain a motion to close the public hearing.

So moved.

Thank you, Commissioner Chapman.

Do I have a second?

Second.

Thank you, Commissioner Breen.

All those in favor say aye.

Opposed, nay.

All right, is there any additional discussion needed from this item, either from the staff or applicant?

Mr.

Chair, I'd like to have you had indicated yes.

Go ahead and comment with the city staff, please.

First of all, thank you for your presentation and the letters that we received in the presentation by a gentleman.

I think I heard you correctly that the uh eventually when the uh plan is developed that that will become that will go in front of the city staff and also the planning commission.

Is that correct?

Yes.

Once they come in with a development proposal you'll see a site plan architecture just like any standard preliminary site development plan.

And then of course I do a final site development plan with staff as well.

So it's the traditional review process.

Okay.

Thank you.

And this next is is comments that that uh for the record and bring to the attention of uh the planning staff in in the city council if and when when that becomes uh available for uh the city council I am very familiar with the Cedar Creek Parkway and College Boulevard uh intersection the reason why I'm familiar with that is because I pass through that daily I go that route on the the way to Lenexa and go under the bridge of K-10 bypassing K-7 and K-10 altogether.

So once again I'm very familiar with that intersection.

I know that's on the CIP plan down the road I just want to call the attention that how critical that is that College Boulevard be uh widen.

And it's it's very uh uh dangerous intersection in my opinion.

Uh I base that on personal experience when you travel uh west on College Boulevard eventually is a hill and then there's also a uh to the bottom of the hill at the intersection of green and college.

And when you approach the intersection of uh College Boulevard and Cedar Creek Parkway you're going up a hill and you really can't see very well what's coming in the crossways on that traffic from Cedar Creek Parkway into your on top of the hill.

Unfortunately there are some speeders and um I think we've just been lucky so far.

And the other comment I want to make when you're traveling east on College Boulevard and you are want to cross Cedar Creek Parkway, when you look to the left you can't see until you really get up to the intersection to the stop sign and stop and look to the left that you can't see and then unless you really slow down and don't go out and sometimes it the the how fast that vehicle is traveling east on College Boulevard.

Again my point is to raise attention that it is in need of widening on College Boulevard.

It's a safety issue for the residents that live there.

I'm speaking from personal experience with all due respect because I go that intersection every day and so but thank you for your presentation.

Thank you, Commissioner.

All right thank you Commissioner Tronis I I would concur I would like to see that as a higher priority on on the CIP I I will vote for that as I'm sure the deer who hit my SUV will also vote for are there any uh additional uh comments or questions for staff commissioner additional question as it pertains to the subdistrict understanding that uh no designation needs to be made until development plans are submitted but do we have any indication of that's a residential or mixed use subdistrict intention at this point I don't um know the intention of the developer um but I would tell you that the intent is to align with the area plan map and I just showed you there that is a mixed use subdistrict um currently on the map so it provides for a mix of residential and commercial uses currently thank you.

All right there any other discussion Commissioner Chapman thank you Chair when you say mixed use I assume um C2 R1 RP1 R2 R3 all of those would be considered part of acceptable mixed use if that came before us um yeah I mean if the they were if a plan came in and segregated the kind of uses under one umbrella it could be considered a mix of uses um I think the challenge is coming up with a development plan that fits those uh current alignments um and also works with the the topography on this site the site is constrained quite a bit I can show you actually um something I think is a little kind of interesting here and this is called a hill shade and it's essentially laying a blanket on the topography in the shadowed areas are where you see really areas of steep terrain so you start to see how the site is limited in developable area because of the topography of this site.

I can show you actually something I think is a little kind of interesting here.

This is called a hill shade, and it's essentially laying a blanket on the topography in the shadowed areas or where you see really areas of steep terrain.

So you start to see how the site is limited in developable area because of the topography of this site.

And so I think that's part of the interest of putting it under one district.

Takes away those slivers of existing zonings, some of which were put in in the 80s back when this was blanket zoned for other use, all you know, single family, all this or that.

So they've got some remnant pieces here that are being cleaned up.

Okay.

Thank you.

Okay.

Is there any additional discussion?

Commissioner Bergida.

Thank you, Mr.

Chairman.

So for my viewing of the topography here, it seems like most of the usable area, maybe apart from some of the southern southeastern portion of the area that we're talking about.

It seems like it's predominantly zone commercial currently.

Is that an accurate statement?

That's correct.

Okay.

We can go back to that zoning map as well.

Forgive my flipping here.

There you are.

Yeah.

Okay.

Yeah, that's the one I've got pulled up as well.

Is it common?

I'm sympathetic to having some similar, and I know there's the county, then there's the R1, then there's the RP.

So I'm I'm sympathetic to having it be the same or a lot more easy to navigate.

Is it common?

And I'm going back thinking about over the years the different projects we've looked at.

Because the vast majority of the time it's tied to a specific development.

And I know Commissioner Breen asked a question on that as well.

Is it common for us to see a lot of these in terms of there's not a specific plan yet, but it seems like they're they're preparing for something, obviously.

It's not common citywide, but the Cedar Creek area plan does specifically allow them to do this because the standards that are established in that area plan are so robust and thorough and vetted over that four-year time frame that it does allow them to come in zone to the CC district without a plan.

Okay.

And then I mean, would the applicant be amenable to speaking to maybe some of the potential options?

I know you said that none have been put forth, but is that something that might be willing to address this evening?

Can I have Dan Foster come back to the make?

So just a couple points.

So in regards to your question about it being common, you'll notice that this entire side in this area here east of Cedar Creek Parkway is CC zoning already.

And that occurred prior to us really having a plan for that area for the same basic reasons.

So at this point, we don't have a specific plan for that.

We're just trying to get it again kind of cleaned up so then we kind of know, okay, here's our zoning district.

We don't have to worry about, you know, how do we work around this particular line here between R1 and C2?

And you know, just get it all under one district under one standard, so then we can start to look at, you know, what makes sense from a land use or uh you know residential commercial type of type of thing.

But as Jessica said.

And as you noted, the terrain here is pretty rugged, so it's more likely not commercial type of uses just because it's not flat enough for that.

Uh we do have the ability, like for example, to come down this ridge with like a cul-de-sac or things like that to be able or you know, some type of road and develop on each side of it.

So we don't have a set plan, but um yeah, this is just the idea is to do similar to what we did over here as far as get it under one zoning and then figure out what we're gonna do within the allowed uses in the CC district.

So it's an interesting observation about the northeastern part um being potentially more suited for residential if if we were to consolidate it, say to like C C along that ridge, so it was a clean break and keep it R1 to the south and southwestern side.

Would that create a big impediment for you guys?

Because I know there's there has been some concerns and whether they're valid or not is another discussion about the character um and buffers and um spacing between one type of zoning to the next.

And it looks like here in the CC, there I mean there could be something on that corner, so like CC and then C C on the other side of the road.

But it's a lot of residential and there's just like you said, there's a lot more options there.

Um but if we I mean it's like we said earlier, fairly common to change zoning when there is a plan, but would that make it easier, at least hey, up here on the ridge is all C C and then down where the legacy areas are is so R1.

Would that make it easier at least for you guys?

I think the other problem that we have is is that you know, just looking at it is that um you know, this area here that you're talking about, it could be still be single family, but it could be a different single family type than what's in that particular zoning category that's allowed under standard zoning, because there are some residential uses that are allowed in the residential under the CC that are more like patio homes or attached single family to some degree that could be a possibility.

And you gotta remember the developers are interested in protecting everybody's interest out here.

I mean, they still have land to develop here, you know, on the southern end of this, so they don't want to do anything that's also going to you know hinder their ability to sell portions of that or sell lots or that kind of thing.

So I feel like you know it's better to have it all under CC, all under the same same standard versus trying to split it up at the 11th hour.

So thank you.

All right, thank you for your time.

There are any further discussion?

Yes, Commissioner Sealing.

Just a follow-up question from Ms.

Schuler.

Uh just so I understand it being the new guy here.

Um the CC zone is the preferred the preferred zone in this area.

Can you explain that to me?

I know what that means on its face, but dive into that a little bit more for me.

Right.

And so if you don't um zone to the Cedar Creek District, you do not follow under the guidelines of the Cedar Creek area plan.

Um so you could have a C2 district in Cedar Creek geographically, but it still follows the standards of the C2 district.

Rezoning makes it follow Cedar Creek area plan, and as I had a little image here, um all of the dimensional standards, the architecture, the landscape, the site design polls now from the Green Book, the Cedar Creek Area Plan, rather than from the standards of our UDO.

And so there are some things that are specific.

Umscaping and buffering, for example, has its own plan, because um you have parkways and boulevards in Cedar Creek that just are designed a little bit differently.

So that plan is speaking to those specific standards.

Okay.

And it seems to me what this does to rezone this to CC is it gives the developer the freedom to do many different things on this piece of property as to now he's limited to what's in those particular zones now.

That's correct.

And so in the CC zone, what can you build in that?

What is allowable?

Single family, multifamily, light commercial.

Yes, all of the above.

Anything else that's allowable?

There is a use matrix specific to the area plan.

I know this is going to be very difficult to read because it is blurry to my own eyes.

Um essentially it's the residential subdistrict is in this column, and then the mixed use has three sub-categories under that to get a little more confusing.

Um so then it further has residential uses, um, you know, home uses like um home occupations and then commercial uses, and then whether or not they are um allowed or not allowed or limited, and if they're limited, there's another chart that you go to.

So it's a little bit complex, but basically it does allow for a range of anything from an estate single family lot down to um a live work type unit or a patio home, as Mr.

Foster was alluding to.

Thank you.

Appreciate your answer on all your questions.

Okay, is there any additional questions?

Commissioners for discussion?

Okay, if not, um I will entertain a motion for RZ 25-0017.

Mr.

Chair.

Make a motion that we approve RZ25-0017 as recommended by staff, and there was no stipulations.

Thank you, Commissioner Tronis.

Do I have a second?

I'll second that.

Thank you, Commissioner Sealing.

Ms.

Will?

A roll call vote, please.

Commissioner Breen?

Yes.

Commissioner Brown?

Yeah.

Yes.

Commissioner Toronto?

Yes.

Commissioner Brigita?

No.

Commissioner Chapman?

Yes.

Commissioner Sealing?

Yes.

Commissioner Lynn?

Yes.

Chair Janner?

Yes.

That motion passes seven to one.

Okay, so we'll move on to our regular agenda into our announcements.

Um and the only thing in our announcements this evening, uh we're excited to share the uh draft uh that has been put together with our elo elevate Olatha Comprehensive Plan, which we've been working on for what a year and a half, about now.

Uh it's available online.

Uh we're also kicking off a series of open house events uh beginning tomorrow night.

Um tomorrow nights will be at from 5 30 to 7 at the Olatha Community Center.

Uh there's also one on January 21st that will be held at uh Woodland Spring Middle School.

That one runs also from 5 30 to 7.

And then on January 27th, um, from 9 to 11, uh it is the open house to be held at K State Olatha.

So if you haven't plugged into that plan and want to know more about it, I encourage you to attend in the open houses and it will provide more details about it uh you know on our website also at uh lathe.gov slash elevateolatha.

Uh is there anything else from staff this evening?

I just want to echo thank you to the community so far and all the great feedback on the draft comprehensive plan.

We've had over 4,000 individuals weigh into the plan so far, which is tremendous amount of feedback.

So we look forward to feedback on the draft plan.

Again, it's online.

You can go there.

There's a little box where you can give comments to us, and then as well as those three different open house events.

We're looking forward to ideally about a spring adoption timeline.

Yes, and I encourage you to open the house, yeah, and still put in those comments.

I think from being on the committee, everyone is looked at uh and reviewed and taken into consideration to do what's best to uh elevate Olatha.

So tonight's meeting is hereby adjourned.

Thank you for being here.