FINAL AGENDA - City of Olathe

Transcription

PLANNING COMMISSION
MONDAY, OCTOBER 08, 2012 - 7:00 PM
FINAL AGENDA
CONSENT AGENDA
1. Minutes from the September 24, 2012 Planning Commission meeting - Cases: P12-022, PR-12-015, CPA-12-01, SU-12-010, RZ-12-009
2. P-12-023:
Request for approval of a final plat for twenty-eight lots on 15.09±
acres for Meadows of Forest View, 6th Plat; located in the vicinity of
Solomon Road and Dunraven Street.
Owner/
Applicant: Tom Langhofer/119/7 Roadside Partners, LLC
Architect: Todd Allenbrand/Payne and Brockway, P.A.
3. P-12-024:
Request for approval of a final plat for thirty-three lots, on 18.85± acres
for Hills of Forest View, 3rd Plat; located in the vicinity of Solomon
Road and Sunray Drive.
Owner/
Applicant: Tom Langhofer/119/7 Roadside Partners, LLC
Architect: Todd Allenbrand/Payne and Brockway, P.A.
4. PR-12-016: Request for approval of a revised site development plan for Olathe
Ford Lincoln on 3.06± acres; located at 1845 East Santa Fe Street.
Owner:
M&M Investments, LLC/Olathe Ford Lincoln
Applicant: Larry Lisbona/Lisbona Architects
Architect: Harold Phelps/Phelps Engineering, Inc.
REGULAR AGENDA
New Business
ADJOURN
Other Business
1. Reconvene Planning Commission Workshop – continued discussion of revisions to
Unified Development Ordinance (UDO) until 8:30 p.m.
PLANNING COMMISSION
WORKSHOP AGENDA
PLANNING COMMISSION CONFERENCE ROOM
MONDAY, OCTOBER 8, 2012
5:30 PM TO 7:00 PM
1.
Continued discussion draft UDO Module 1
a.
b.
c.
d.
e.
f.
g.
h.
2.
Zoning Districts compared to PlanOlathe Future Land Use Map
Building Design issues
Parking
Drive-Thru Provisions
Mixed Use in Residential Districts/Future Land Use Categories
Zoning Districts: List of Districts
Zoning Districts: Dimensional Standards
Zoning Districts: Permitted Uses
Preliminary Discussion- Module 2 Issues
a. Development Standards
b. Procedures
c. Supplemental Use Regulations
3. Other items for discussion
If your schedule permits, please plan on a timely arrival so we can devote the
time necessary to these important items.
MINUTES
CITY OF OLATHE
CITY PLANNING DIVISION
STAFF REPORT
CASE # P-12-022
The meeting was called to order by Chairman Jon Campbell, with the following
members present: Mike Kohler, Greg Harrelson, John Almeida, Mike Rinke and
Paul Ling. Absent was Jeremy Fry.
Recited Pledge of Allegiance.
Chairman Campbell read the standard ex parte statement. No Commissioner
reported having any ex parte communications.
Chairman Campbell requested that item 4, PR-12-015, be pulled from the
Consent Agenda. A motion to approve Consent Agenda items 1, 2, 3 and 5 was
made by Commissioner Ling and seconded by Commissioner Rinke. Motion was
approved 6-0.
Planner:
Dan Fernandez
Request:
Approval of a minor plat for one lot, 0.1± acres, for Quail Park Villas,
Twenty-third Plat (a replat of Tract C, Block 3, The Villages of Quail
Park Second Plat)
Location:
13704 W. 141st Terrace, approximately 1/8 mile west of Pflumm Road
Owner/
Applicant:
Tom French
Tom French Construction, Inc.
Engineer:
Tim Tucker, Phelps Engineering, Inc.
Acres:
0.1±
Current Zoning:
RP-1
Lots:
1
Streets and Right of way:
Existing
Required
Proposed
I.
COMMENTS
Planning Commission: September 24, 2012
Proposed Use:
141st Terrace (Private
Street)
N/A
N/A
N/A
Residential
P-12-022
September 24, 2012
Page 2
This is a replat of Part of Tract C, The Villages of Quail Park Second Plat for
1 lot, 0.1± acres. The subject property is located at 13704 W. 141st Terrace.
The final plat of The Villages of Quail Park Second Plat (P-04-033) was
approved by the Planning Commission on March 8, 2004.
II.
FINAL PLAT REVIEW
A. Lots:
The minor plat includes a total of one lot on 0.1 acres.
B. Utilities/Municipal Services:
The property is located in the City of Olathe Water and Johnson County
Wastewater service areas. The applicant will need to coordinate with
the respective utility providers for required water and sewer connections.
C. Streets/Right-of-Way:
All streets within this property are private streets and are owned and
maintained by The Villages of Quail Park Homes Association.
D. Street and Signal Excise Taxes:
No street or signal excise fees will be required for this plat.
III.
STAFF RECOMMENDATIONS
Staff recommends approval of P-12-022 with the following stipulations:
a.
Prior to and upon recording of the plat, a digital file of the final plat
shall be submitted to the Development Services Department. The
submission of the digital plat file shall conform to the formatting
standards, layering system, and text styles of the City of Olathe
Planning Division Digital File Submittal Standards.
b.
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.
c.
Prior to issuance of a building permit, performance and
maintenance bonds or a letter of credit in an amount to be
determined by the City, shall be submitted in accordance with UDO
§ 18.68.390.B and 18.12.040.B to ensure that public
improvements, certain easements and related improvements will be
installed, approved, and maintained after completion of the
development.
d.
Prior to issuance of a building permit, a performance and
maintenance bond or letter of credit in an amount to be determined
P-12-022
September 24, 2012
Page 3
by the City Engineer, shall be submitted in accordance with UDO §
18.68.390 D. to ensure that all erosion control measures and water
quality features are installed and maintained and that all of the
development’s streets and sidewalks remain free of debris during
all phases of construction.
Motion by Comm. Ling, seconded by Comm. Rinke, to approve P-12-022,
subject to the following stipulations:
a.
Prior to and upon recording of the plat, a digital file of the final plat
shall be submitted to the Development Services Department. The
submission of the digital plat file shall conform to the formatting
standards, layering system, and text styles of the City of Olathe
Planning Division Digital File Submittal Standards.
b.
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.
c.
determined by the City, shall be submitted in accordance with UDO
§ 18.68.390.B and 18.12.040.B to ensure that public
improvements, certain easements and related improvements will be
installed, approved, and maintained after completion of the
development.
d.
maintenance bond or letter of credit in an amount to be determined
by the City Engineer, shall be submitted in accordance with UDO §
18.68.390 D. to ensure that all erosion control measures and water
quality features are installed and maintained and that all of the
development’s streets and sidewalks remain free of debris during
all phases of construction.
Motion carries unanimously.
MINUTES
CITY OF OLATHE
STAFF REPORT
CASE # PR-12-015
Case Planner:
Sean Pendley
Request:
Final site development plan for Walmart Neighborhood Market.
Location:
Vicinity of southeast corner of 151st Street and Brentwood Street
Owner:
Brentwood Plaza, LLC, Michael Zevitz
Applicant:
Walmart Real Estate Business Trust
Engineer:
SMC Consulting Engineers, Terence Haynes
Acres:
6.23±
Proposed Use:
Retail Store
Current Zoning:
C-2
Building Area:
41,179 sq. ft.
Parking Spaces:
Required
164
Proposed
172
Existing
Required
Proposed
Platted:
1.
Private drive
30’ (total)
30’ (total)
30’ (total)
A final plat for Brentwood Plaza, 3rd Plat is pending review.
Comments:
The following is a request for a final site development plan for Walmart
Neighborhood Market in the Brentwood Plaza shopping center. The
proposed development consists of a 41,179 square foot retail store with a
drive-through pharmacy.
The applicant held a neighborhood meeting for the proposed development
on August 31, 2012. Only one person attended the meeting and they did
not express any concerns with the development.
2.
Preliminary Development Plan:
A preliminary development plan (PR-06-003) for Brentwood Shopping
Center was approved in 2006. Three lots have been developed including;
PR-12-015
September 24, 2012
Page 2
Arby’s and Taco John’s on 151st Street and a multi-tenant retail building on
Brentwood Street. The remaining lots south of the private drive were
planned as miscellaneous retail, drive-through commercial and a daycare
(see attached PR-06-003 Preliminary Site Plan).
The proposed development for Walmart Neighborhood Market revises the
remainder of the shopping center by reducing the number of buildings and
total area of commercial uses. The original preliminary site plan from 2006
showed six buildings with a total floor area of 111,830 square feet. The
applicant has submitted a revised preliminary site plan showing the Walmart
building and conceptual layout for the remaining lots. The revised plan
includes four buildings with a total floor area of 69,311 square feet.
3.
Utilities:
The subject property is located in the City of Olathe sewer area and Water
District No. 1. Sanitary sewer service is available to the site. The applicant
will need to coordinate with Water One for water service requirements.
4.
Access/Streets:
The proposed access to the Walmart site is generally the same as shown
on the original preliminary development plan. There is an existing private
drive along the north property line with two connections to 151st Street and
one connection to Brentwood Street. Another cross-access driveway to
Brentwood Street will be constructed with future development to the west.
The site plan shows truck templates for ingress and egress to the loading
dock at the rear of the building.
Improvements to 151st Street and Brentwood Street, including turn lanes,
were completed with previous development of the pad sites.
The applicant submitted a traffic analysis with a comparison of the projected
traffic volumes for the original preliminary development plan and revised
plan with Walmart (see attached). The analysis showed a decrease in
average weekday vehicle trips and peak hour volumes compared to the
original build out with six buildings.
5.
Parking/Lighting:
Based on the proposed building area, a minimum of 164 parking spaces is
required for Walmart. The proposed plan shows a total of 172 stalls,
including six (6) accessible parking spaces, which meets the parking
requirements for commercial developments.
A photometric plan was submitted for the parking lot lighting. The plan
shows the required light levels for the site and the lighting does not exceed
maximum foot-candles at the property lines. The plan indicates that the
light poles and fixtures at the rear of the building are mounted at 20 feet per
Unified Development Ordinance (UDO) requirements for lighting adjacent to
residential areas.
6.
Pedestrian Access:
PR-12-015
September 24, 2012
Page 3
The site plan shows a pedestrian connection from the existing sidewalk
along the private drive from 151st Street leading to the store entrance.
There is a decorative crosswalk through the private drive.
The site plan also shows a 5-foot sidewalk on the east property line
extending south to the Oak Ridge Park Apartments site. The applicant has
shown this sidewalk connection at staff’s request to serve the residents in
the apartments and to help reduce the number of vehicle trips to the site.
The applicant has indicated that the owner of the apartment complex is
interested in providing a sidewalk connection on their property.
7.
Stormwater/ Drainage:
There are two regional detention basins located to the southwest of the site.
The off-site detention system was designed to serve most of the Brentwood
Shopping Center, including part of the proposed Walmart site. Since the
Walmart site is only partially contained within the regional detention
agreement, modifications will be required for the outlet control structure over
one of the existing detention basins.
The applicant has also proposed site-specific stormwater management
features to address stormwater quality requirements. The BMPs include
structural and non-structural devices and a maintenance schedule.
The applicant has submitted a preliminary drainage plan and calculations
for storm sewer. A final stormwater management plan for water quality and
detention shall be submitted with the building permit.
8.
Landscaping:
The original preliminary site plan for Brentwood Shopping Center was
approved with a 30-foot landscape buffer on the south property line adjacent
to the apartment site. A 6-foot high landscape berm was constructed with
original grading but trees were not planted on the berm. Due to the size of
the proposed Walmart development, a greater landscape buffer is required.
The proposed landscape buffer is 100 feet adjacent to the residential
property, which complies with the Guidelines for Buffers between
Conventional Residential and Nonresidential Uses.
The proposed landscape plan identifies the required number of deciduous
trees, evergreen trees and ornamental trees for perimeter landscaping for
commercial developments. The plan also shows foundation landscaping on
the front and sides of the building.
Shrubs and landscape berms are provided across 100 percent of all parking
areas facing the private drive and west side of the property facing
Brentwood Street.
9.
Architecture/Design:
The proposed building has a flat roof design with a height of 24 feet. The
neighborhood market includes a drive-through window for the pharmacy on
the west elevation. The primary building materials consist of Quik Brik,
EIFS and metal canopies and awnings. The proposed Quick Brick is similar
to the masonry used for the Walmart Supercenter at K-7 and Santa Fe. The
applicant submitted a photo packet with examples of Quik Brik applications.
PR-12-015
September 24, 2012
Page 4
The loading dock and trash compactor at the rear of the building will be
screened by masonry walls to match the building. In addition, the Walmart
development includes an organic bin and pallet and bale recycling area to
the rear of the loading area. The bin and recycling area will be screened on
three sides with a 10-foot tall masonry wall to match the building. The
applicant has indicated that the organic containers will include lock mounted
lids and bio-bags to prevent drainage and retain potential odors. The
recycling vendor for Walmart will provide the required maintenance and
service the containers three times a week.
The rooftop mechanical equipment will be screened by parapet walls on all
sides of the building. The applicant has proposed landscaping for screening
the ground mounted mechanical equipment on the west side of the building.
The proposed building is compatible with existing commercial development
in Brentwood Plaza and follows the Commercial Building Appearance
Guidelines.
10. Signage:
The proposed building elevations show two wall signs on the north elevation
and one wall sign on the west elevation. The front of the building (North
Elevation) includes a “Walmart Neighborhood Market” sign and separate
“Pharmacy” sign on the other end of the façade. According to UDO
requirements, one sign is permitted per wall. However, the Planning
Commission may grant exceptions to certain sign requirements. Similar
exceptions have been granted for an additional sign to advertise a separate
service in a commercial building. Staff supports this particular exception
because the two signs are well under the 10 percent maximum sign area
allowed per wall and this type of additional sign is consistent with similar
retail buildings.
The applicant is also coordinating with the owners of the pad sites on 151st
Street to propose a complex sign for Brentwood Plaza with space for
Walmart and other potential tenants. At this time there is no agreement for
the location or size of the proposed complex or monument sign. All wall
and monument sign will require approval of separate sign permit
applications.
11. Staff Recommendation:
Staff recommends approval of PR-12-015 with the following stipulations:
a.
A final stormwater management plan for water quality and
b.
As indicated on the site plan, a five (5) foot sidewalk shall
be constructed on the Walmart site extending south to the
Oak Ridge Park Apartments property line.
c.
A parking lot lighting plan, in accordance with UDO
requirements, shall be submitted with the building permit.
The maximum height for light fixtures adjacent to
residential development is twenty (20) feet.
d.
The building permit plans shall include details for the
organic bin and pallet and bale recycling area. The bin and
PR-12-015
September 24, 2012
Page 5
e.
f.
g.
h.
i.
recycling area shall be screened on three sides with a 10foot tall masonry wall to match the building.
An exception shall be granted by the Planning Commission
for two wall signs on the front of the building as indicated
on the building elevations dated September 6, 2012.
Separate sign permits shall be approved for all wall signs
and monument signs.
The rooftop mechanical units shall be screened per the
Guidelines for Screening of Rooftop Mechanical
Equipment.
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-ofway if such cabinets are screened with landscape
materials.
All on-site wiring and cables shall be placed underground.
This item was removed from the Consent Agenda for further discussion at
the request of Chairman Campbell.
Sean Pendley, Senior Planner, appeared before the Planning Commission
and presented the staff report regarding PR-12-015. Following staff presentation,
the Chairman opened the meeting up to questions from commissioners:
Chairman Campbell: I have a question for the applicant. One of the main reasons
I pulled this from the agenda was specifically to highlight that this is the first
neighborhood market we have coming to Olathe, so it’s good news for
development. What is the schedule? When do you expect to break ground?
When do you expect to be open?
Brad Moore, BRR Architecture, 6700 Antioch Plaza, Suite 300, Merriam, Kansas,
appeared before the Planning Commission and made the following comment:
Mr. Moore: Next year. This is a fast-track project. We will have the construction
drawings ready in the next 60 days, ready to be turned in for technical review. I’m
not sure if we’re going to beat the weather as far as getting footings in the
ground, but there is an aggressive schedule. Wal-Mart would love to see us
breaking ground tomorrow.
Chairman Campbell: Any questions from the Planning Commission?
Motion by Chairman Campbell, seconded by Comm. Kohler, to approve
PR-12-015, subject to the following stipulations:
a.
A final stormwater management plan for water quality and
PR-12-015
September 24, 2012
Page 6
b.
c.
d.
e.
f.
g.
h.
i.
As indicated on the site plan, a five (5) foot sidewalk shall
be constructed on the Walmart site extending south to the
Oak Ridge Park Apartments property line.
A parking lot lighting plan, in accordance with UDO
requirements, shall be submitted with the building permit.
The maximum height for light fixtures adjacent to
residential development is twenty (20) feet.
The building permit plans shall include details for the
organic bin and pallet and bale recycling area. The bin and
recycling area shall be screened on three sides with a 10foot tall masonry wall to match the building.
An exception shall be granted by the Planning Commission
for two wall signs on the front of the building as indicated
on the building elevations dated September 6, 2012.
Separate sign permits shall be approved for all wall signs
and monument signs.
The rooftop mechanical units shall be screened per the
Guidelines for Screening of Rooftop Mechanical
Equipment.
within front or corner side yards adjacent to street right-ofway if such cabinets are screened with landscape
materials.
All on-site wiring and cables shall be placed underground.
MINUTES
CITY OF OLATHE
STAFF REPORT
CASE # CPA-12-01
SUMMARY INFORMATION
Case
Planner:
Ron Shaver, Deputy City Attorney
Planning Commission
Meeting Date:
September 24, 2012
Request:
Approval of Planning Commission Resolution No. 12-02 finding that the proposed
N. Rogers Road (Ancona Holdings, LLC) Tax Increment Financing redevelopment
project plan is consistent with the intent of the Comprehensive Plan.
Location:
1000 N. Rogers Road (Frank Ancona Honda Dealership).
Owner:
Ancona Holdings, LLC
Applicant:
Timothy Klink, Polsinelli Shughart, PC
Engineer:
Davidson Architecture & Engineering
CASE FILE INFORMATION
I.
COMMENTS
The Kansas TIF act requires the planning commission to make a finding that the
proposed redevelopment project plan is consistent with the intent of the city’s
comprehensive plan.
A final development plan has been submitted to and approved by the Planning
Commission for the Frank Ancona Honda project.
II.
HISTORY
On September 24, 2012, the City Council established a tax increment financing (TIF)
redevelopment district at 1000 N. Rogers Road for the purposes of redeveloping the
Frank Ancona Honda dealership site.
The owner has proposed redeveloping the Frank Ancona Honda dealership by
constructing approximately 31,000 sq ft of additional showroom space (bringing the total
showroom space to approximately 50,812 sq ft) and paving an additional 240,000 sq ft
of new parking lot space (in addition to new infrastructure improvements to serve the
property. The developer is prepared to move forward with the project as soon as all
governmental approvals are obtained.
III.
ANALYSIS
The Comprehensive Plan identifies this area as a “Community Commercial Center”.
Community Commercial Centers “frequently have a similar mix of tenants as
Neighborhood Commercial Centers, but are larger in size. Typically, these Centers are
250,000 to 350,000 square feet in floor area and often include a full-service supermarket
CPA-12-01
September 24, 2012
Page 2
as an anchor tenant. Since the Community Commercial Center draws from multiple
neighborhoods, they may also include larger-scale tenants, including building hardware,
apparel, booksellers, larger restaurants and sporting goods. These centers tend to be
more pedestrian-scale than regional centers, and are typically located along transit or
intersections of prominent streets. Adjacent uses would include denser residential uses
and mixed-use buildings that serve as a transition to adjoining residential
neighborhoods. Where possible, on-street parking should supplement surface parking
to maximize land available for commercial and residential uses. Multi-story buildings are
also encouraged.”
The project plan describing development of the proposed Frank Ancona Honda projecct
is consistent with the Comprehensive Plan. The proposed plan for this site includes
commercial uses. The land use and general site layout are generally the same as
originally adopted. The current and proposed zoning is CP-3, Planned
Community/Corridor Business District. Chapter 18.36.020 provides that automobile
parking lots and structures (freestanding) are permitted in CP-3 districts subject to the
performance standards in Section 18.36.060, and that and automotive repair and
maintenance shops are permitted by right in CP-3 districts. The Planning Commission
and City Council have previously found the project to comply with the performance
standards in Section 18.36.060 when both bodies reviewed and approved the site plan
for the project.
The proposed project conforms to many principles of the new Comprehensive Plan:
a.
Principle LUCC-6 states: “Discourage “leap-frog” or sprawling land use patterns
by encouraging growth in serviceable areas. Promote the infill of vacant parcels
and reinvestment in buildable areas.”
The associated Policy LUCC – 6.1: Targeted Development states: “With the
guidance of the Comprehensive Plan’s Future Land Use Map, encourage
targeted development, redevelopment and infill so as to channel growth where it
will contribute to the long-term community vision and improve access to jobs,
housing and services.”
The land use proposed for this site will re-use a site where infrastructure and
other public services already exist. Renovating the existing dealership at this site
promotes infill of a vacant parcel and reinvestment in a buildable area of Olathe
while providing new opportunities for economic development near a major
interchange within Olathe.
b.
Principle ES-3 states: “Strengthen and revitalize existing commercial centers.”
The associated Policy ES-3.2: Reinvestment in Existing Commercial and
Industrial Areas states: “Cooperate with the private sector to foster the
revitalization of existing commercial and industrial areas in order to create
greater vitality.”
The revitalization of the Frank Ancona Honda dealership will benefit adjacent
businesses and assist the long-term vitality of the commercial establishments
located in the Olathe Gateway District and other establishments located along
CPA-12-01
September 24, 2012
Page 3
Strang Line Road. The project will also result in a long-term increase in real
property and sales tax collections to the City.
c.
Principle CF-1 states: “In order to protect and use past investments in capital
improvements, new development and redevelopment will be located in areas
where adequate public services and facilities presently exist or are planned to be
provided.”
The site it located in an area where public roads, sewers, and water lines have
existed for commercial uses for many years. Reinvestment in this area would
require little to no new infrastructure construction to serve the proposed Frank
Ancona Honda dealership expansion.
IV. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution 12-XX finding that
the proposed project for the N. Rogers Road TIF district is consistent with the intent of
the Comprehensive Plan.
Motion by Comm. Ling, seconded by Comm. Rinke, to approve CPA-12-01, per
staff recommendation.
MINUTES
CITY OF OLATHE
STAFF REPORT
CASE # SU-12-010
Dave Clements, Planning Manager, made the following staff presentation:
Case Planner:
Dan Fernandez
Date:
September 24, 2012
Request:
Approval of a special use permit for keeping chickens on a lot less
than three (3) acres
Location:
513 South Water Street
Owners/
Applicants:
Lisa and Luke Demaree
Acres:
0.16±
Number of Lots:
Proposed Use:
1 Zoning:
Keeping chickens on a lot less than
three acres
R-2
Land Use
Zoning
Comprehensive Plan
Designation
Site
Residential
R-2
Mixed Use Residential
Neighborhood
North
Residential
R-2
Neighborhood
East
Residential
R-2
Neighborhood
South
Residential
R-2
Neighborhood
West
Residential
R-2
Mixed-use Residential
Neighborhood
Platted: SOUTH SIDE LTS 13 & 14 & E 1/2 VAC ALLEY ADJ BLK 1 OLC 1971
I.
COMMENTS
This is a request for a Special Use Permit to allow the property at 513 S. Water
Street to keep chickens. A Special Use Permit is required to keep chickens on a
lot less than three acres. The applicant is proposing to keep two chickens on her
property.
SU-12-010 Continued
September 24, 2012
Page 2
Per the requirements of the Unified Development Ordinance (UDO), the applicant
notified all property owners within two hundred (200) feet of this property via
certified mail. The applicant has provided staff with certified mail receipts and
staff has verified all property owners have been properly notified.
II.
DETAILS OF PROPOSAL
The applicants are seeking a special use permit to keep chickens at 513 S.
Water Street. The chickens are kept as a source of fresh eggs as well as family
pets. The site contains a single-family home with the chicken coop placed in the
back yard. There is a six foot (6’) privacy fence along the south and north
property lines and a chain-link fence on the west property line. Staff considers
the chicken coop an accessory structure and according to the UDO, accessory
structures must be placed a minimum of three feet (3’) from the property line.
The coop is situated closest to the property line to the south and is located three
feet six inches (3’6”) from that boundary. The structure is approximately 6’W x
8’L x 8’H and is constructed of treated lumber and chicken wire. (see
attachment).
The chickens are allowed to free range in the enclosed back yard during the day
and are placed in the coop at night. The chicken waste is cleaned several times
a week by the applicant and is used as fertilizer (see attachment).
III.
NEIGHBORHOOD MEETING
The applicant held a neighborhood meeting on July 24, 2012. Four neighbors
attended the meeting with two neighbors expressing support for the proposal and
two against the application (see attached). The neighbor to the south of the
subject property submitted an additional letter in opposition. In addition to the
opinions given at the neighborhood meeting, staff received a call from a neighbor
in support of the applicant keeping chickens.
IV.
TIME LIMIT
Currently there are no other special use permits for the keeping of chickens on a
property less than three acres. However, there is a special use permit in place
for other small animals which was granted a time limit of five years in 2008. Staff
recommends an approval period of five years for the subject property with
expiration on October 16, 2017.
V.
ANALYSIS
Staff’s analysis of this application is based in part on the criteria established in
Golden v. City of Overland Park, which determined factors a Planning
Commission and City Council should consider in making decisions on special
use applications. The following are the criteria for considering applications as
listed in Unified Development Ordinance (UDO) Section 18.12.140 and staff
findings for each item:
A. The conformance of the proposed use to the Comprehensive Plan and
other adopted planning policies.
SU-12-010 Continued
September 24, 2012
Page 3
The Comprehensive Plan promotes sustainability and environmentally
responsible operations.
B. The character of the neighborhood including but not limited to: land
use, zoning, density (residential), architectural style, building materials,
height, structural mass, siting, open space and floor-to-area ratio
(commercial and industrial).
The use will be located on a single-family home and is located in a singlefamily neighborhood. The chicken coop is considered an accessory structure
which is allowed on single-family lots.
C. The zoning and uses of nearby properties and the extent to which the
proposed use would be in harmony with such zoning and uses.
The proposed use and zoning is in harmony with the surrounding area. The
site is surrounded by other single-family homes.
D. The suitability of the property for the uses to which it has been
restricted under the applicable zoning district regulations.
The proposed use is allowed on lots less than three acres with a special use
permit.
E. The length of time the property has remained vacant as zoned.
The property is not vacant.
F. The extent to which approval of the application would detrimentally
affect nearby properties.
The chickens are subject to Title 8 (Animals) of the Municipal Code and would
not detrimentally affect nearby properties.
G. The economic impact of the proposed use on the community.
There is no economic impact on the community but the special use permit
allows the applicant to produce eggs for their own use.
H. The gain, if any, to the public health, safety, and welfare due to denial of
the application as compared to the hardship imposed upon the
landowner, if any, as a result of denial of the application.
Staff does not believe that there is any threat to the public health, safety and
welfare with the Special Use.
VI.
STAFF RECOMMENDATION
a.
Staff recommends approval of SU-12-010, for the following reasons:
SU-12-010 Continued
September 24, 2012
Page 4
b.
(1)
The proposal conforms to the Goals, Objectives and Policies of the
Comprehensive Plan.
(2)
The proposal complies with the Unified Development Ordinance
(UDO) criteria for considering special use permit requests.
Staff recommends approval of SU-12-010 subject to the following
stipulations:
(1)
The property shall be subject to all requirement of Title 8 (Animals)
of the Olathe Municipal Code
(2)
The Special Use Permit is valid for a period of five years following
Governing Body approval, with a tentative expiration date of
October 16, 2017.
(3)
A maximum of three (3) hens may be kept on the property at one
time. Roosters shall not be allowed on the property.
(4)
The chicken coop shall be maintained in good condition.
(5)
The privacy fences shall remain and kept in good condition.
Following staff presentation, the Chairman opened the meeting up to questions
from commissioners:
Comm. Harrelson: Can you show us on the map the location of the two homeowners
who were in opposition?
Mr. Clements: I do not know the addresses and I would only be guessing.
Comm. Harrelson: From the description I think one is to the south and one is across the
street.
Mr. Clements: Yes, one is abutting.
Chairman Campbell: Anything else? Are the applicants here?
Luke Demaree, 513 South Water Street, appeared before the Planning Commission
and made the following comment:
Mr. Demaree: I reside with my wife, and this is her project.
Chairman Campbell: Can you give us a quick overview of what you’re doing? I know
Dave talked about it a little bit.
Lisa Demaree, 513 South Water Street, appeared before the Planning Commission and
made the following comment:
SU-12-010 Continued
September 24, 2012
Page 5
Ms. Demaree: We’ve always had hatchlings in the spring, but then they went to live with
their granddad or, when my grandfather was alive, my granddad. Both resided here in
Olathe. My father passed away in January. We went ahead and got the hatchlings and
just continued the tradition and kept them for ourselves. We have two – one red, and
one buff. They have their own little condo out back and they free range the yard. They
hang out with the dogs. They’re really not much different than the dogs, actually. They
make less noise. You have to clean up after them just like you would a dog, a cat, a
rabbit, or any other animal, so we take care of that. They come to the door, wanting
cheese, usually, because they like treats. They are a pet of an interesting variety. Urban
chicken farming is taking off as the green movement kind of comes back around and
people are starting to do their own organic gardening again and provide for themselves,
which is kind of where it all started with my granddad years ago. We do keep a large
vegetable garden. I have fruit out front, vegetables in the back, chickens. We do a lot to
be self-sufficient. We also utilize this as fertilizer for that. If you look at the paper that I
turned in, we used the immediate with hay and water and form a fertilizer tea to use.
You can also use it as compost. We have a tumbler out back that you simply put it in,
turn it, and over time it composts down, and we use it back in the garden at the end of
the season. That is an overview.
Chairman Campbell: You’ve had a chance to look at the stipulations. Any issues with
those? Are you in agreement with those?
Ms. Demaree: Yes.
Chairman Campbell: Any questions of the applicant?
Comm. Rinke: Can you show us on the map where the coop is located on the property?
Ms. Demaree: Sure. The house is right here. The coop is in this back corner. There are
two large trees on either side, and it’s kind of situated at an angle, about five feet off the
fence.
Comm. Rinke: Is it the south property that is opposed to it?
Mr. Demaree: It is. It’s the south property owner, and their in-laws live across the street
in a larger lot, on the corner of South and Water.
Comm. Rinke: Do you know which two homeowners were supportive?
Ms. Demaree: It was actually three – the one directly to the north; the folks right here;
and the gentleman on the corner here.
Chairman Campbell: Any other questions? Thank you. This is public hearing. Is there
anyone else wishing to speak in favor of this item? Is there anyone here wishing to
SU-12-010 Continued
September 24, 2012
Page 6
speak in opposition? Seeing or hearing none, we’ll bring it back to the Commission for
any questions or comments, or a motion to close the public hearing.
Comm. Ling: I’ve got a brother that does this, believe it or not, so I understand it. It’s a
sustainable approach. But the difference is that he’s on a much larger lot, and he
doesn’t have the immediate neighbors. I’ve gone out to see him and his chickens and
his coop, and it’s interesting. They do become part of the family, so much so that when
the time comes when they don’t produce eggs any more, it’s a real hard decision. But
like I indicated, the difference is that he’s on a much bigger lot without the proximity.
And to look at the lots in your area, they’re on the smaller side. I think you have
neighbors that are in very close proximity. You have a neighbor to the south that has
been there a long time, and when we look at these factors for determining whether this
special use should be allowed, there’s an analysis that staff set out in its report. One of
the items – the extent to which the approval of the application would detrimentally affect
the nearby properties –the neighbors to the south are already indicating an odor and
noise issue from the chickens, and I think it is impacting their property. I think that’s
what this special use process is about, is to evaluate those situations. I just don’t think
this is appropriate in this area because of the size of the lot and the proximity of the
recreational uses of your neighbors. I don’t think you should impose the impact of your
use on the neighbors.
So, with that whole spiel, I am not in support of this. I have expressed a similar
concern for dogs. If dogs in a high number had been there and the neighbors were
complaining about the dogs – That’s what this hearing process and the special use
permit is about, is to address these types of concerns. Those are my thoughts.
Comm. Rinke: I have a follow-up question for the applicant. I don’t know if it would help
with the neighbors to the south, but was there any consideration of moving the coop to
the north side of the property?
Ms. Demaree: We can move it, but the recreational situation that they speak of in their
letter is actually a ten foot by five foot dog pen for their hunting dog, and a tree, and a
chair. That’s the extent of their recreational. But certainly it’s not installed into the
ground with cement or anything. It could be situated differently. The reason we put it
where it was is there was an existing compost heap back there, so I already had the
weed map, the gravel, and everything. It was already set up for something. We just
moved the composter and put it there because it was simply easier to do so.
Comm. Rinke: It seems like if there was an odor issue, it would primarily be coming
from the coop. If your neighbor to the north doesn’t mind, maybe that was a solution.
Ms. Demaree: Sure. Mr. Fernandez called one afternoon and asked to come take a look
at this, and I said sure. He was over in 15 minutes and stated to me that he didn’t have
any concerns, there was no odor issue for him. And like I said, I do keep it exceptionally
clean, as clean, if not cleaner, than you would a dog pen, which also can be stinky and
noisy.
SU-12-010 Continued
September 24, 2012
Page 7
Chairman Campbell: Any other questions?
Comm. Almeida: I would tend to side with Mr. Rinke, in the fact that there is recreation
back there. If that could be moved – I was just looking at the pictures of the seating area
that they were talking about.
Mr. Demaree: On the seating area, there has been a long-time issue with this neighbor.
And I will say that the seating was originally over against the garage they had built over
there. When the issue came up, the seating all of a sudden came closer, which to me,
as an attorney, would speak of there not being an odor, not being a problem. In fact, the
seating that they moved, they moved not only closer to our chicken coop, but right next
to the dog pen that extends the length of their property.
Chairman Campbell: Any further questions or comments? All right.
Motion by Comm. Ling, seconded by Comm. Harrelson, to close the public
hearing.
Motion passes unanimously.
Chairman Campbell: Since we’ve had a little bit of discussion, I’ll remind everybody that
the special use is for the use. We’re not talking about the location of it. If they choose to
move it to help and be neighborly, they can do that, but it’s not stipulated where it
actually is, except that per code it’s at least three feet off the property line. Is that
correct, Mr. Clements?
Mr. Clements: Yes, sir.
Chairman Campbell: Thank you. Is there a motion?
Comm. Kohler: I have a question. Can it be stipulated - ?
Chairman Campbell: Sure, it can be. It just is not.
Motion by Comm. Harrelson, seconded by Comm. Ling, to Deny SU-12-010.
Motion fails 2-4.
Motion by Chairman Campbell to approve SU-12-010.
Comm. Kohler: Would you be open to adding a stipulation that the applicant will move
the coop to the north side of the property?
Chairman Campbell: I will withdraw my motion and let you make that motion.
SU-12-010 Continued
September 24, 2012
Page 8
Comm. Almeida: The neighbor on the north side, did they write a letter in favor?
Chairman Campbell: Yes, they did.
Comm. Almeida: My concern is, if it’s in that back corner, you have three neighbors who
could potentially be affected. Now we’re dictating that it be placed there, and will we
have people come back later because it’s placed in that part of the yard now, when it
was originally in a different part of the yard.
Comm. Kohler: It could be a Ping-Pong match. I’ll withdraw the stipulation.
Comm. Ling: Mr. Chairman, did you also want to consider the five year versus the one
year on this?
Chairman Campbell: Yes, I would be supportive of that, have a trial period. We’ve done
that in the past. So, we will rewind:
Motion by Chairman Campbell, seconded by Comm. Rinke, to approve SU-12010, subject to the following stipulations, as amended:
(1)
(2)
(3)
(4)
(5)
The property shall be subject to all requirement of Title 8 (Animals)
of the Olathe Municipal Code
The Special Use Permit is valid for a period of one (1) year
following Governing Body approval, with a tentative expiration date
of October 16, 2013.
A maximum of three (3) hens may be kept on the property at one
time. Roosters shall not be allowed on the property.
The chicken coop shall be maintained in good condition.
The privacy fences shall remain and kept in good condition.
Motion carries 4-2, with commissioners Harrelson and Ling voting against the
motion.
MINUTES
CITY OF OLATHE
STAFF REPORT
CASE # RZ-12-009
Sean Pendley, Senior Planner, made the following staff presentation:
Case Planner:
Sean Pendley
Request:
Rezoning from County RUR to R-1 District, 10.8± acres, and
preliminary development plan for Pathway Community Church.
Location:
Northeast corner of 159th Street and Black Bob Road.
Owner:
Allan Kramer
Applicant:
Pathway Community Church, Kevin Schutte
Architect:
Convergence Design, David Greusel
Acres:
10.8±
Proposed Use:
Church
Current Zoning:
RUR
Proposed Zoning:
R-1
Building Area:
Existing
Addition
2,200 sq. ft.
1,900 sq. ft.
Parking Spaces:
Existing
Total
Required
17
25
Proposed
17
25
Existing
Required
Proposed
159th Street
Black Bob Road
50’ (½ Street)
60’-75’ (½ Street)
60’-75’ (½ Street)
40’ (½ Street)
60’ (½ Street)
60’ (½ Street)
Land Use
Zoning
Comp. Plan Designation
Site
Church
RUR
Conventional Neighborhood/
Secondary Greenway
North
Single Family Residential
RN-1
Conventional Neighborhood
East
RUR
South
Heritage Park
RN-1
Primary Greenway
West
R-1
RZ-12-009
September 24, 2012
Page 2
Platted:
No. A final plat for the church property is pending review.
RZ-12-009
September 24, 2012
Page 3
I.
COMMENTS
A. Proposed Development:
The following is a request for a rezoning from County RUR to R-1 District
and a preliminary development plan for Pathway Community Church.
There is an existing house on the subject property that is currently
occupied by the church. The property was annexed into the City of
Olathe in 2008 (ANX-10-001).
The applicant is proposing a 1,900 square foot addition to the existing
church and the property must be rezoned and a final plat is required
prior to development. A final plat for Pathway Church has been
submitted and is pending review.
B. Public Notice/ Neighborhood Meeting:
The applicant mailed the required public notification letters and posted
signs on the property for the rezoning according to Unified Development
Ordinance (UDO) requirements.
A neighborhood meeting was held on August 19, 2012 (see attached
minutes). Approximately five residents attended the meeting. There
were questions about landscaping, traffic and parking lot lighting. Staff
received two calls from surrounding property owners with questions
regarding the development.
II.
PRELIMINARY DEVELOPMENT PLAN
A. Utilities/Municipal Services:
The property is located in the City of Olathe water and Johnson County
Wastewater areas. Water service is available to the site and the property
currently has a holding tank for sanitary sewer. There are two restrooms
in the existing building and there are no new restrooms proposed with
the addition. Additional restrooms may be required depending on the
occupancy load of the assembly space. The applicant has
acknowledged that they will need to address the minimum plumbing
fixture count with the building permit for the addition.
B. Access/Traffic:
The church has one existing driveway from Black Bob Road. There will
be no changes to the existing driveway and no new driveways are
proposed on 159th Street. The applicant provided a list of activities for
the church with potential number of occupants for each type of event. A
traffic impact study was not required for the proposed development.
The preliminary plat identifies additional street right-of-way 159th Street
and Black Bob Road to comply with UDO requirements for arterial
streets. The street right-of-way shall be dedicated with the final plat or
by separate instrument prior to publishing the zoning ordinance.
RZ-12-009
September 24, 2012
Page 4
The City of Olathe and Johnson County are planning a joint project for
safety improvements at the intersection of 159th Street and Black Bob
Road. The improvements will include adding shoulders, grading the
ditches, storm sewers and road overlay. Construction is scheduled for
the spring of 2013.
C. Parking:
The church currently has 17 parking spaces. The preliminary site plan
shows an additional 8 parallel spaces along the driveway to provide the
required parking for the addition. The minimum requirement for
churches is one (1) space for each four (4) seats. The proposed
assembly shows a total of 100 seats so a minimum of 25 parking spaces
are required.
The site plan shows one accessible parking space which meets the
requirements for disabled parking. The existing parking lot also has one
light pole per UDO requirements.
There is an existing trash receptacle located at the south end of the
parking lot closest to 159th Street. The site plan shows a new trash
enclosure to be located north of the parking lot behind an existing shed.
D. Drainage:
Coffee Creek runs along the north property line and part of the site is
within the 100-year floodplain and 200-foot stream corridor setback. The
proposed development is not subject to Title 17 stormwater
requirements since the increase in impervious area is less than 5,000
square feet. The engineer provided a drainage study showing the
difference in existing and proposed impervious area. Prior to issuance
of a building permit, the property owner must file a stream corridor
maintenance agreement.
E. Pedestrian Access:
There are no sidewalks along this section of 159th Street and Black Bob
Road. Sidewalks are not required at this time because there are no
connections to the north or east of this property. The sidewalks will be
installed with future street improvements that provide connections to
existing sidewalks. There are currently no projects in the Capital
Improvement Plan for arterial street improvements in this area of 159th
Street and Black Bob Road.
F. Landscaping:
There are a substantial number of existing trees along the creek and on
the east side of the property. In addition, there are a number of existing
mature trees around the existing church. All the trees will be preserved
with the exception of one 30-inch oak tree to north of the building.
The preliminary site plan identifies new ornamental trees near the
entrance to the proposed building addition. Due to the number of trees
RZ-12-009
September 24, 2012
Page 5
being preserved on the property, no new trees are required around the
perimeter of the site.
Screening (shrubs) is shown across the south end of the parking lot
facing 159th Street and around the mechanical equipment on the
proposed addition.
G. Architecture/Design:
The existing structure is a ranch style home that has been converted to a
church. The proposed addition is located to the rear of the building and
will consist of a one-story sanctuary with a pitched roof to match the
existing building. The building materials for the addition include drystack stone base, fiber cement lap siding and asphalt shingles.
The architectural design and materials for the addition are compatible
with the existing building but also create a new look and additional space
that is more appropriate for a church.
H. Signage:
There is an existing monument sign for the church located near the
intersection of 159th Street and Black Bob Road. The sign is within the
required public street right-of-way for 159th Street and will need to be
relocated at the time of development for the addition. The monument
sign shall be built on a solid base and shall comply with UDO
requirements for height, area and setbacks.
III.
ANALYSIS
The following are criteria for considering applications as listed in Unified
Development Ordinance (UDO) Section 18.12.140 and staff findings for
each item:
A. The conformance of the proposed use to the Comprehensive Plan
and other adopted planning policies.
The future land use map of the Comprehensive Plan identifies the
subject property in a “Conventional Neighborhood” and “Secondary
Greenway”. These areas are intended for residential uses, limited
types of non-residential uses and open space.
The existing church is an appropriate land use for the subject property
and the proposed addition is compatible with existing development.
The proposed rezoning follows the goals and policies of the
Comprehensive Plan.

Principle HN-1.3: Reduce Impacts from Redevelopment.
“Design infill and redevelopment to avoid negative impacts and
ensure compatibility and appropriate transitions between land
uses.”
RZ-12-009
September 24, 2012
Page 6
The existing church and proposed building addition is compatible
with surrounding residential areas and provides a good transitional
use at the corner of two arterial streets.

Principle ESR-1.2: Inclusion of Natural Features into
Development. “Incorporate natural physical features in new
developments”.
The church has taken into account the existing environment while
planning for the addition. There is no development proposed within
the stream corridor setback and all the existing trees along the
creek and majority of trees around the existing church will be
preserved.
B. The character of the neighborhood including but not limited to:
land use, zoning, density (residential), architectural style, building
materials, height, structural mass, siting, open space and floor-toarea ratio (commercial and industrial).
The surrounding area consists of single family homes, a church and
park. The existing church was previously a house and the proposed
addition is designed to be compatible with the existing structure.
C. The zoning and uses of nearby properties, and the extent to
which the proposed use would be in harmony with such zoning
and uses.
The surrounding properties are zoned RUR, County RN-1 and R-1.
The County RN-1 district consists of single family homes on larger lots
with a minimum of one acre. The proposed R-1 zoning district is
appropriate for this area and churches are permitted in residential
districts. There is another church on the opposite corner of 159th
Street and Black Bob Road.
D. The extent to which approval of the application would
detrimentally affect nearby properties.
The proposed development will not detrimentally affect surrounding
properties since there have been no problems with the existing church
and the proposed addition will not create any negative impacts for
traffic, noise, aesthetics or environmental disturbance.
E. The extent to which the proposed use would adversely affect the
capacity or safety of that portion of the road network influenced
by the use, or present parking problems in the vicinity of the
property.
The proposed addition for the church will have minimal impact on
traffic volume for 159th Street and Black Bob Road. The church
estimates an average of 40 people for current church services and
approximately 80 occupants for future services with the proposed
addition.
RZ-12-009
September 24, 2012
Page 7
The existing parking lot and additional parallel spaces meet the
minimum requirements for churches.
F. The extent to which the proposed use would create air pollution,
water pollution, noise pollution or other environmental harm.
Staff is not aware of any potential for unlawful levels of air, water or
noise pollution with the proposed development. The proposed building
addition is located outside the 100-year floodplain and 200-foot stream
corridor setback.
G. The economic impact of the proposed use on the community.
The proposed church will have minimal impact on economic
development. The church will pay the required street and traffic signal
excise taxes with the final plat.
IV.
A.
B.
Staff recommends approval of RZ-12-009 for the following reasons:
(1)
The proposed development complies with the Goals,
Objectives and Policies of the Comprehensive Plan.
(2)
The rezoning to R-1 district meets the Unified Development
Ordinance (UDO) criteria for considering zoning applications.
(3)
The existing church is compatible with surrounding land uses
and the proposed development maintains the required
stream corridor and existing vegetation.
Staff recommends approval of RZ-12-009 with the following
stipulations to be included in the ordinance:
(1)
A final plat for the property shall be approved prior to
issuance of a building permit.
(2)
The required street right-of-way for 159th Street and Black
Bob Road shall be dedicated with the final plat or by
separate instrument prior to publishing the zoning ordinance.
(3)
Prior to issuance of a building permit, the property owner
shall file a stream corridor maintenance agreement.
(4)
The building addition shall comply with current City of Olathe
building and fire codes.
(5)
Prior to certificate of occupancy for the addition, the existing
monument sign shall be relocated out of the required street
right-of-way. A sign permit application is required for any
wall or monument sign in accordance with UDO 18.64.040.
RZ-12-009
September 24, 2012
Page 8
(6)
Per UDO requirements, 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.
(7)
All new on-site wiring and cables shall be placed
underground.
Following staff presentation, the Chairman opened the meeting up to
questions from commissioners:
Chairman Campbell: I’m not sure I understood you correctly. The preliminary plat
shows 75 feet of right-of-way being dedicated on 159th. Are you saying that there
is more that’s going to be required?
Mr. Pendley: No, what the plan shows is correct. The engineer working on the
improvements is also assisting on this project. They dedicated the right-of-way
needed for the upcoming improvements to the intersection, that even additional
right-of-way beyond that be required to meet access management plan
requirements. The UDO and access management plan requires a tapering at
arterial road intersections. It’s not even planned in the capital improvement plan,
but because it is an intersection of two major arterials, additional right-of-way
would be needed in the event we needed an additional right turn lane. It’s not
planned, but to meet the requirements, additional right-of-way will be needed, so
the plan does show the property right-of-way. It will just be dedicated with the
final plat.
Chairman Campbell: So the 75 feet shown is what we’re going - ?
Mr. Pendley: Correct. I’ve probably confused the situation by saying they’ve,
they’ve dedicated some; they’re in the process of making the adjustments they
need.
Chairman Campbell: Any other questions for staff? This is a public hearing. Is the
applicant here?
Judd Claussen, Phelps Engineering, 1270 North Winchester, appeared before
the Planning Commission and made the following comment:
Mr. Claussen: I’m pleased to have this project before you. Sean gave you a great
recap of where we are at today. There is a city/county project that is currently
underway, a joint project to do some improvements to 159th and Black Bob. It is
totally unrelated to this application, but the church worked with the city to grant
some additional right-of-way for that project. Then, when this application came
up, more right-of-way beyond that was required to be dedicated in accordance
with the standards of the City for improvements. I think that would actually match
RZ-12-009
September 24, 2012
Page 9
the right-of-way that was dedicated at the southwest corner of this intersection for
that other church that Sean had mentioned.
Sean mentioned that this used to be a residential house. It was in the
county and brought into the city in 2008. It’s been a church since 2005, so it’s
been operating as a church for quite a while. It’s a growing community church
and they have a need for an addition for their expanded congregation. That’s on
the north side of the existing structure. We’ve had a couple meetings with staff,
worked through some questions as to fire, access, parking, etc. We feel like we
have a very good plan for your consideration.
Chairman Campbell: I have a question about access. Only on Black Bob - ?
Mr. Claussen: There’s no change to access. Originally when that was a singlefamily house, there was a highway that went down to 159th, but that was
removed some time ago.
Chairman Campbell: The driveways are lined up across. I see the existing
driveway and the drive across into the subdivision. What’s the long-term plan?
Does the drive incorporate when the church as a thousand members - ? What
are we going to do there?
Mr. Claussen: We may have to go to a different site when we get that many
members. We really hadn’t looked at it that much farther beyond just this one
drive. There is a lot of capacity available with this one drive and I could foresee
them doing another addition or another building and still being able to be served
off that single point driveway. At some point it may become an item of concern
and we’ll have to address that at that time. I believe they would like to break
ground yet this year. We might be pushing that a little bit since we’re just at the
rezoning stage, but as soon as possible.
Chairman Campbell: Other questions or comments? This is a public hearing. Is
there anyone else wishing to speak in favor? Is there anyone wishing to speak in
opposition? Seeing or hearing none, we’ll bring it back to the Commission for
discussion, or a motion to close the public hearing.
Motion by Comm. Kohler, seconded by Comm. Ling, to close the public
hearing.
Motion by Commissioner Kohler, seconded by Commissioner Ling, to
recommend approval of RZ-12-009, for the following reasons:
(1)
The proposed development complies with the Goals,
Objectives and Policies of the Comprehensive Plan.
RZ-12-009
September 24, 2012
Page 10
(2)
The rezoning to R-1 district meets the Unified Development
Ordinance (UDO) criteria for considering zoning applications.
(3)
The existing church is compatible with surrounding land uses
and the proposed development maintains the required
stream corridor and existing vegetation.
Commissioner Kohler’s motion included recommending approval with the
following stipulations to be included in the ordinance:
(1)
A final plat for the property shall be approved prior to
issuance of a building permit.
(2)
The required street right-of-way for 159th Street and Black
Bob Road shall be dedicated with the final plat or by
separate instrument prior to publishing the zoning ordinance.
(3)
Prior to issuance of a building permit, the property owner
shall file a stream corridor maintenance agreement.
(4)
The building addition shall comply with current City of Olathe
building and fire codes.
(5)
Prior to certificate of occupancy for the addition, the existing
monument sign shall be relocated out of the required street
right-of-way. A sign permit application is required for any
wall or monument sign in accordance with UDO 18.64.040.
(6)
Per UDO requirements, 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.
(7)
All new on-site wiring and cables shall be placed
underground.
CITY OF OLATHE
STAFF REPORT
CASE # P-12-023
Planner:
Dan Fernandez
Request:
Approval of a final plat for twenty-eight lots on 15.09± acres for
Meadows of Forest View, 6th Plat.
Location:
In the vicinity of Solomon Road and Dunraven Street
Owner/
Applicant:
Tom Langhofer
119/7 Roadside Partners, LLC.
Engineer:
Todd Allenbrand, Payne & Brockway, P.A.
Acres:
15.09±
Current Zoning:
RP-1
Lots:
28
Existing
Required
Proposed
Planning Commission:
Proposed
Use:
Single-family
Tracts:
3
October 8, 2012
Dunraven Street
Kenton Street
123rd Terrace
N/A
50’ (Total)
50’ (Total)
N/A
50’ (Total)
50’ (Total)
N/A
50’ (Total)
50’ (Total)
I.
COMMENTS
This is a request for approval of a final plat of twenty-eight lots and three
tracts for Meadows of Forest View, 6th Plat located in the vicinity of Solomon
Road and Dunraven Street. The rezoning (RZ-17-03) of this land to RP-1
was approved by the Planning Commission on June 9, 2003. A preliminary
plat (P-76-03) for 725 lots and 21 tracts which includes this area was
approved on August 1, 2003.
II.
FINAL PLAT REVIEW
A. Lots/Tracts:
The final plat includes a total of twenty-eight lots on 15.09 acres giving
the development a density of 1.86 units per acre. The property is zoned
RP-1 but all the lots meet area and setback requirements for the R-1
District. There are no requests for reductions to lot area or minimum
building setbacks.
The plat also includes three tracts. Tract “K” is to be used as a drainage
easement and recreation easement and will be dedicated to the City of
P-12-023
October 8, 2012
Page 2
Olathe for future parkland. The City will be responsible for the
construction of a bike/hike trail and for the maintenance of the trail and
tract. Tracts “L” and “M” will be owned and maintained by the Forest
View Homes Association and will be used as open space and/or other
amenities.
Storm drainage outfalls above steep hillsides and their discharge
structures, which are not extended to existing rock bottom channels,
shall be designed to minimize velocity and concentration of flow onto
unprotected steep slopes as much as possible and practical. Dispersion
of concentration is critical to preventing the creation of new, uncontrolled
channels below the outfall with resultant erosion, to reduce future hillside
slumping from over saturation of soils below and to improve protection of
private property above the outfall from the impacts of uncontrolled down
slope erosion. Whenever possible, storm drain lines and outfalls shall
be coordinated, relocated and extended to parallel sanitary sewer
easements and subsequent clearings if such coordination, relocation
and extension will results in fewer hillside outfalls and those outfalls
being extended to existing channels without a significant increase in tree
clearing and removal over that required for the sanitary sewer
installation. Best Management Practices shall be reviewed by Parks &
Public Grounds Division prior to approval of final street and storm
drainage plans for any plats with outfalls on to tracts which are be
dedicated to the City of Olathe.
The property is located in the Olathe water and sewer service areas.
Water and sewer main extensions will be required to serve the lots. The
applicant will need to coordinate with the respective utility providers for
required connections.
The lots will have access to Dunraven Street and W. 123rd Terrace
which will be built as part of this development. A portion of Kenton
Street extending north from Dunraven Street will also be built. The
streets meet Unified Development Ordinance (UDO) requirements for
public right-of-way.
The property is included in the 127th Street Benefit District and therefore,
street excise fees are not required for the proposed development.
The final plat is also subject to a traffic signal excise tax of $0.0037 per
square foot of land area. Based on the plat area, the required traffic
signal excise fee is $2,432.67. The required excise fees shall be
submitted to the City Planning Division prior to recording the final plat.
III.
a.
Prior to recording the plat, a digital file of the final plat (pdf
format) shall be submitted to the City Planning Division.
P-12-023
October 8, 2012
Page 3
b.
c.
d.
e.
f.
g.
Prior to recording the final plat, the required traffic signal
excise fee of $2,432.67 shall be submitted to the City
Planning Division.
within front or corner side yards adjacent to street right-ofway if cabinets are screened with landscape materials.
determined by the City, shall be submitted in accordance
with UDO § 18.68.390.B and 18.12.040.B to ensure that
public improvements, certain easements and related
improvements will be installed, approved, and maintained
after completion of the development.
maintenance bond or letter of credit in an amount to be
determined by the City Engineer, shall be submitted in
accordance with UDO § 18.68.390 D. to ensure that all
erosion control measures and water quality features are
installed and maintained and that all of the development’s
streets and sidewalks remain free of debris during all phases
of construction.
All required street trees for each lot shall be planted prior to
a certificate of occupancy per UDO 18.68.390E. In
accordance with UDO 18.68.390 F, master landscaping,
trails and other subdivision improvements must be installed
prior to commencing construction on the next phase. If the
improvements cannot be constructed prior to the
commencing the next phase of construction a financial
guarantee will be required in the amount of the full cost of
the improvements. The final phase of the development will
require a financial guarantee for subdivision improvements
prior to issuance of a building permit.
Prior to recording the plat, a street tree plan shall be
submitted to the City Planning Division in accordance with
the UDO.
BART
HR
D
ee k
HE
DG
EL
AN
SUN
tle
Ce
T
ST S
R
TE
L it
1
da
21
E
R
TE
R
Y D
RA
121S ST
T
New Life
Pentacostal Church
LO
EL
IC
NT
MO
120T H
ST
rC
e
re
k
121ST TER
Little Ced ar C reek
123RD TER
H
4T
CT
C
tl e
L it
L it
ON R D
LOM
SO
tle
Ce
r
da
1 2 4 TH
Cree k
N
PL
De Soto
ST
125TH ST
ar Creek
Old Landfill Area
VEN ST
NRA
DU
KE
NT
O
CLA
RE
RD
Lenexa
ASON RD
GLE
!
Forest
View
Elementary
Olathe
Little
Ce d
K7 Landfill Area
Old
Overland Park
!
ar C reek
Olathe
AD
ST OW
Olathe
Overland Park
ST
MEADOWS OF FOREST VIEW, 6TH PLAT
P-12-023
I35
§
¦
¨
US169
Spring
Hill
Spring Hill
Cr
ee
k
r
Olathe Yard Waste
(Composting
Facility)
Gardner
§
¦
¨
Lit tle Ce d a
V IEW
127TH ST
§
¦
¨
I35
ME
H
6T
12
12 6
TH TER
User: ChristopherC
Date: 10/03/2012
Lenexa
K10
125T H
TER
250 500
Feet
ed
12
TH
124 TER
0
K-7
P-12-023
H ST
124T
Ë
¬
«
AC
CE
S
RD S
RD
LEW
IS D
R
SOLOMO
N
R
YD
NRA
U
S
Ë
Date: 10/03/2012
User: ChristopherC
MEADOWS OF FOREST VIEW
6TH PLAT
VIC SOLOMON RD &
DUNRAVEN ST
P-12-023
FINAL PLAT
CITY OF OLATHE
STAFF REPORT
CASE # P-12-024
Planner:
Dan Fernandez
Request:
Approval of a final plat for thirty-three lots, 18.86± acres, for Hills of
Forest View, 3rd Plat.
Location:
In the vicinity of Solomon Road and Sunray Drive
Owner/
Applicant:
Tom Langhofer
119/7 Roadside Partners, LLC.
Engineer:
Todd Allenbrand, Payne & Brockway, P.A.
Acres:
18.86±
Current Zoning:
RP-1
Lots:
33
Existing
Required
Proposed
October 8, 2012
Proposed Use:
Residential
Tracts:
1
Solomon Road
Mesquite Street
N/A
50’ (Total)
50’ (Total)
N/A
50’ (Total)
50’ (Total)
I.
COMMENTS
This is a request for approval of a final plat of thirty-three lots and one tract
for Hills of Forest View, 3rd Plat located in the vicinity of Solomon Road and
Sunray Drive. The rezoning (RZ-17-03) of this land to RP-1 was approved
by the Planning Commission on June 9, 2003. A preliminary plat (P-76-03)
for 725 lots and 21 tracts which includes this area was approved on August
11, 2003.
A final plat for the same property (P-06-091) for thirty-three lots and one
tract was approved by the Commission on August 15, 2006. Final plats
need to be recorded within two years of approval before becoming null and
void. The applicant is resubmitting the final plat application for this property.
II.
FINAL PLAT REVIEW
A. Lots/Tracts:
The final plat includes a total of thirty-three lots on 18.86 acres giving the
development a density of 1.75 units per acre. The property is zoned RP1 but all the lots meet area and setback requirements for the R-1 District.
P-12-024
October 8, 2012
Page 2
There are no requests for reductions to lot area or minimum building
setbacks.
The plat also includes one tract, Tract “F”, which is to be used as a
drainage and recreation easement and will be dedicated to the City for
future parkland. The City will be responsible for the construction of a
bike/hike trail and for the maintenance of the trail and tract.
Storm drainage outfalls above steep hillsides and their discharge
structures, which are not extended to existing rock bottom channels,
shall be designed to minimize velocity and concentration of flow onto
unprotected steep slopes as much as possible and practical. Dispersion
of concentration is critical to preventing the creation of new, uncontrolled
channels below the outfall with resultant erosion, to reduce future hillside
slumping from over saturation of soils below and to improve protection of
private property above the outfall from the impacts of uncontrolled down
slope erosion. Whenever possible, storm drain lines and outfalls shall
be coordinated, relocated and extended to parallel sanitary sewer
easements and subsequent clearings if such coordination, relocation
and extension will results in fewer hillside outfalls and those outfalls
being extended to existing channels without a significant increase in tree
clearing and removal over that required for the sanitary sewer
installation. Best Management Practices shall be reviewed by Parks &
Public Grounds Division prior to approval of final street and storm
drainage plans for any plats with outfalls on to tracts which are be
dedicated to the City of Olathe.
The property is located in the Water District #1 service area with the
exception of Lots 168 and 172 which is provided by Olathe. The
property is in the Olathe sewer service area and sanitary sewer main
extensions will be required. The applicant will need to coordinate with
the respective utility providers for required water and sewer connections.
Sewer buy-in fees to Main 14 will need to be paid prior to recording the
plat at $1,718.70 per acre for 18.86 acres, which equals a total of
$32,407.82.
The lots will have access to Solomon Road and Mesquite Street which
will be built as part of this development. The streets meet Unified
Development Ordinance (UDO) requirements for public right-of-way
The property is included in the North Clare Road Benefit District and
therefore, street excise fees are not required for the proposed
development.
The final plat is also subject to a traffic signal excise tax of $0.0037 per
square foot of land area. Based on the plat area, the required traffic
signal excise fee is $3,039.06. The required excise fees shall be
submitted to the City Planning Division prior to recording the final plat.
P-12-024
October 8, 2012
Page 3
III.
a.
b.
c.
d.
e.
f.
g.
h.
Prior to recording the plat, a digital file of the final plat (pdf
format) shall be submitted to the City Planning Division.
Prior to recording the final plat, the required traffic signal
excise fee of $3,039.06 shall be submitted to the City
Planning Division.
Prior to recording the final plat, a sewer buy-in fee of
$32,407.82 shall be submitted to the City.
within front or corner side yards adjacent to street right-ofway if cabinets are screened with landscape materials.
determined by the City, shall be submitted in accordance
with UDO § 18.68.390.B and 18.12.040.B to ensure that
public improvements, certain easements and related
improvements will be installed, approved, and maintained
after completion of the development.
maintenance bond or letter of credit in an amount to be
determined by the City Engineer, shall be submitted in
accordance with UDO § 18.68.390 D. to ensure that all
erosion control measures and water quality features are
installed and maintained and that all of the development’s
streets and sidewalks remain free of debris during all
phases of construction.
All required street trees for each lot shall be planted prior to
a certificate of occupancy per UDO 18.68.390E. In
accordance with UDO 18.68.390 F, master landscaping,
trails and other subdivision improvements must be installed
prior to commencing construction on the next phase. If the
improvements cannot be constructed prior to the
commencing the next phase of construction a financial
guarantee will be required in the amount of the full cost of
the improvements. The final phase of the development will
require a financial guarantee for subdivision improvements
prior to issuance of a building permit.
Prior to recording the plat, a street tree plan shall be
submitted to the City Planning Division in accordance with
the UDO.
k
Little C edar C
r
BAR
T H RD
ee
Cr
ee k
tle
L it
r
da
Ce
120T H
ST
HE
DG
EL
AN
ET
SUN
R
YD
RA
T
ST S
tle
Ce
da
12
1
ER
L it
121S ST
T
New
Life Pentacostal
Church
rC
e
re
k
121ST TER
RD
LEW
IS D
R
SOLOMO
N
R
YD
NRA
U
S
Little Ced ar Creek
¬
«
K-7
P-12-024
a r Creek
ed
L it
tl e
C
123RD TER
124
TH
H ST
124T
CT
tle
Lenexa
!
Ce
PL
r C re ek
da
1 2 4 TH
Lenexa
§
¦
¨
K10
Olathe
I35
Overland Park
K7
!
Old Landfill A
Olathe
Forest View
Elementary
Olathe
Gardner
12
ME
A
EW D
OW
ST
ST
TH TER
126
VI
HILLS OF FOREST VIEW, 3RD PLAT
User: ChristopherC
Date: 10/03/2012
De Soto
125TH ST
H
6T
250 500
Feet
L it
N
TO
Ë
0
KE
N
ST
ASON RD
GLE
Future
Park
Site
N RD
LOM O
SO
TH
124 TER
CLA
RE
RD
Old Landfill Area
VEN ST
NRA
DU
P-12-024
§
¦
¨
I35
Little
§
¦
¨
US169
Spring
Hill
Spring Hill
Ce d
Overland Park
ar C ree
k
Ë
Date: 10/03/2012
User: ChristopherC
HILLS OF FOREST VIEW
3RD PLAT
VIC SOLOMON RD &
SUNRAY DR
P-12-024
FINAL PLAT
CITY OF OLATHE
STAFF REPORT
CASE # PR-12-016
Case Planner:
Sean Pendley
Request:
Revised site development plan for Olathe Ford Lincoln
Location:
1845 E. Santa Fe Street
Owner:
M&M Investments, L.L.C. (Olathe Ford Lincoln)
Applicant:
Lisbona Architects, Larry Lisbona
Engineer:
Phelps Engineering, Inc., Harold Phelps
Acres:
3.06±
Building Area:
Existing
Addition
6,479 sq. ft.
8,458 sq. ft.
Parking Spaces:
Customer parking
Required
13
Existing
Required
Proposed
Platted:
1.
October 8, 2012
Proposed Use:
Auto Sales
Current Zoning:
C-3
Proposed
15
Santa Fe Street
55’ (½ Street)
60’ (½ Street)
n/a
Part of Lot 2, Briggs’ Place.
Comments:
This is a request for a revised site development plan for Olathe Ford
Lincoln. A final site development plan (PR-12-009) was approved on July
9, 2012 for a building addition to the Olathe Ford building to accommodate
a new showroom for Lincoln. Since that time, the owner has decided to
change the location for the new Lincoln showroom to the freestanding
building to the west that is currently operating for used car sales.
The building addition will accommodate a new Lincoln showroom floor,
offices and service area. The existing building is approximately 6,500
PR-12-016
October 8, 2012
Page 2
square feet and the proposed addition will add 8,458 square feet to the
front and sides of the building.
2.
Utilities:
The property is located in the City of Olathe sewer and water service
areas. The building addition will utilize existing meter service.
3.
Access:
The dealership currently has two access drives and one shared drive on
Santa Fe Street. There are no changes proposed for access. The
internal drive aisles and display parking around the proposed building will
be revised to allow at least 20 feet of clearance.
4.
Parking:
The existing parking area on the north and east sides of the existing
building will need to be revised as a result of the proposed addition. The
site plan shows a total of 15 parking spaces for customer parking and/or
vehicle inventory. The requirement for automobile sales is two (2) spaces
per 1,000 square feet of indoor sales area plus one (1) space per 4,500
square feet of outdoor sales area. Based on this ratio, the minimum
required parking is 13 spaces for the proposed Lincoln building.
The site plan shows one (1) accessible parking space for the proposed
building which meets Unified Development Ordinance (UDO)
requirements for disabled parking. All parking spaces shall be striped and
accessible parking shall be designated per ADA requirements.
5.
Landscaping:
The site has existing landscaping with perimeter trees along Santa Fe
Street, Lindenwood Drive to the west and along the rear property line to
the south.
Shrubs are also provided across 100 percent of the parking area facing
Santa Fe Street.
6.
Architecture/Design:
The proposed building addition will incorporate the same design and
materials as shown with the previous plan for the Ford building. Attached
is a color rendering of the previous building addition. The building
materials consist of aluminum composite panels and painted stucco to
match the existing building.
The building addition will be located to the front and sides of the existing
building. The main entrance includes a tower feature with metal wall
panels and a darker metal fascia. The two existing service bays on the
right side of the north elevation will be relocated to the left side to provide
a new service area for Lincoln. The east and west elevations of the
PR-12-016
October 8, 2012
Page 3
proposed addition consist of painted stucco to match the existing building.
The remainder of the existing building will remain the same.
The rooftop mechanical equipment will be screened from public view per
UDO requirements and Design Guidelines. The elevations indicate gray
metal screen walls around the rooftop units.
7.
Signage:
The proposed building includes the same wall signs for Lincoln as
previously approved with PR-12-009. The Planning Commission granted
an exception to allow three wall signs for the Lincoln sales area and a wall
sign for the service area.
8.
Staff Recommendation:
Staff recommends approval of PR-12-016 with the following stipulations:
a.
Separate sign permit applications shall be submitted and approved
prior to installation.
b.
All proposed parking spaces shall be striped and accessible
parking spaces shall include handicap pavement markings and
vertical signage per ADA requirements.
c.
The rooftop mechanical units shall be screened per the Guidelines
for Screening of Rooftop Mechanical Equipment.
d.
As required by the UDO, all exterior ground or building mounted
equipment, including but not limited to mechanical equipment and
utility meter banks, shall be screened from public view with
landscaping or an architectural treatment compatible with the
building architecture.
e.
Any new on-site wiring and cables shall be placed underground.
d ia
nC
re
BR
O
TRENTON
ST
LOC
UST
ST
In
n
dia
1
Cr
e ek
ia
n
In d
Ind ian C r eek
TE
R
TH
!
Lenexa
PIONEER BLVD
139T H S T
Overland Park
U
NB
13 8TH TER
Olathe
M
OR
E
ST
IA
RWOOD C
T
TS
T
ST
K7
!
Olathe
RG
H
Cr
§
¦
¨
I35
ED
I
k
ian
US
Olathe
SY
CA
k
Ind
PR-12-016
DR
6
13
K10
k
ee
n Cr
ndia
OLATHE FORD LINCOLN
User: ChristopherC
Date: 10/03/2012
RD
33
ST
ST
1 36 TH
Lenexa
Overland Park
Gardner
§
¦
¨
139
TH
CI R
COLL
EGE W
AY
Indian C
ek
De Soto
ee
I
ee
k
T
TS
US
C
LO
Indian Creek
Greenway
Ind
KENWOOD
LN
LINDENWOOD DR
CROSSROADS LN
ia
n
Cr
WINTERBROOKE DR
CORY CIR
DRURY LN
WILLO
W DR
WABASH
AVE
Olathe Christian
RID
250
500
GE W
AY DR
Feet
MEADOWBROOK LN
CARDINAL DR
CHESTER ST
BURCH ST
CLAIRBORNE
RD
CLAIRBORNE RD
CEDAR ST
ELM TER
LAKEVIEW
AVE
PARK ST
ek
0
PR-12-016
ee
Cr
In
POPLAR ST
SANTA
FE ST
Indian Cre
Ë
DRURY LN
ROG
ERS
RD
ELM ST
Elementary
S ANTA FE ST
Indian Creek Greenway
BR
Ridgeview
N. Lindenwood
Support Center
Support Center
C
LO
FREDRICKSON DR
FIR S
T
CEDAR ST
CHESTER TER
New
Life Baptist
Church
CENTRAL ST
ANNIE ST
EMMA ST
PARK ST
LOULA ST
35
§
¦
¨
DR
AM
GH
BR O U
SANTA FE ST
ST
132ND
TE
R
M
HA
UG
SPRUCE ST
WINCHESTER ST
Pioneer
Christian
Academy
132
ND
133R
D
MUR-LEN RD
RIDGEVIEW RD
RF
I
P L EL D
W
ES
TE
SPRUCE ST
TE
R
SPRUCE
TE
R
ST
Olathe
Traffic Operations
Center
Olathe Traffic
Maintenance Center
ET
RS
ME
SO
PRAIRIE ST
CIR
PRAI RIE
ST
1 32ND ST
PRAIRIE
CIR
13
1S
T
R
ED
RE
RA IN T
CENTRAL
ST
Stagecoach
Park
132ND CIR
I35
§
¦
¨
US169
Spring
Hill
Spring Hill
Ë
Date: 10/03/2012
User: ChristopherC
OLATHE FORD LINCOLN
1845 E SANTA FE ST
PR-12-016
OVERALL SITE PLAN
Ë
Date: 10/03/2012
User: ChristopherC
OLATHE FORD LINCOLN
1845 E SANTA FE ST
PR-12-016
SITE PLAN
Ë
Date: 10/03/2012
User: ChristopherC
OLATHE FORD LINCOLN
1845 E SANTA FE ST
PR-12-016
ELEVATION PLAN
Ë
Date: 10/03/2012
User: ChristopherC
OLATHE FORD LINCOLN
1845 E SANTA FE ST
PR-12-016
COLOR RENDERING

FINAL AGENDA - City of Olathe

Transcription

Similar documents

Peterloon Brochure Lot 5.pub

Meeting Agenda Preview

A Triumph of the Spirit

Fast Facts 14160 S. Black Bob Road • Olathe, Kansas 66063

Berewick

Save on Parking Expenses with TransitChek

NOTICE OF INTENT TO CONDUCT A ZONING ADMINISTOR

Scanned Document - Covenant Health