F. PR22-0033: Request for approval of a revised preliminary site development plan for Olathe Commerce Park Lot 3, containing one (1) lot on approximately 6.00 acres; located north of W. Dennis Avenue and east of S. Pine Street.

[F. PR22-0033: Request for approval of a revised preliminary site development plan for Olathe Commerce Park Lot 3, containing one (1) lot on approximately 6.00 acres; located north of W. Dennis Avenue and east of S. Pine Street.]

COMMISIONER CORCORAN WILL STEP OUT OF THE ROOM AS WE PROCEED ON PR 22 -0031 ARE THERE ANY QUESTIONS ON THIS PARTICULAR ITEM IF NOT I WILL ENTERTAIN A MOTION FOR PASSAGE WE HAVE A MOTION AND A SECOND ALL THOSE IN FAVOR SAY AYE I ALL THOSE OPPOSED NAY THE RESPONSE THAT PASSES 8 TO-ZERO COMMISIONER CORCORAN YOU'RE WELCOME TO REJOIN US AT THE DAIS WILL MOVE ON TO THE REGULAR AGENDA PUBLIC CASES EVENING THIS EVENING WE OF COURSE SCHEDULE PUBLIC HEARINGS THE FIRST PUBLIC HEARING

[A. PUBLIC HEARING RZ22-0010: Request for approval of a rezoning from the CP-O (Office) District to the R-1 (Residential Single-Family) District and a preliminary plat for OSOS Manor, containing two (2) lots on approximately 1.07 acres; located at the northeast corner of W. Santa Fe and N. Olathe View Road.]

AS A GRANT REQUEST FOR APPROVAL OF REZONING FOR OSOS MANOR BRENNA KIU (PLANNING TECHNICIAN) AS INTRODUCE THIS IS REZONING AND PRELIMINARY PLAT FOR OSOS MANOR VIRTUAL TAKE A LOOK AT THE ZONING PORTION OF THIS PROPOSAL THE SITE IS LOCATED AT THE NORTHEAST CORNER OF SANTA FE ST.

AND OLATHE VIEW ROAD JUST SOUTH OF THE CLIFF YOU SUBDIVISION AN HAS .78 ACRES IN SIZE THE SITE WAS REZONING FROM THE R-1(RESIDENTIAL SINGLE-FAMILY) DISTRICT TO THE CP OWED OFFICE DISTRICT IN 1980 APPLICATION PROPOSES TO REZONE THE PROPERTY BACK TO THE OR ONE DISTRICT THE FUTURE LAND USE MATH MAP DESIGNATES A SITE IN THE SURROUNDING AREA AS MIXED-USERESIDENTIAL NEIGHBORHOOD REQUESTED ARE ONE ZONING DISTRICT ALIGNS WITH DESIGNATION WITH CALLS FOR A VARIETY OF HOUSING THE ZONING ALSO ALIGNS WITH

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SEVERAL POLICIES BY FOCUSING ON INFILL DEVELOPMENT AND IMPACT ON THE DECENTLY NIECES STAFF DOES RECOMMEND APPROVAL OF REZONING TO THE DISTRICT I'LL GO AND PAUSE HERE TO ANSWER ANY QUESTIONS ABOUT THE LAND-USE ASPECT OF THIS APPLICATION (CHAIRMAN, WAYNE JANNER) COMMISSIONERS ANY QUESTIONS SPECIFICALLY REGARDING THE ZONING BEFORE WE MOVE ON BRENNA KIU (PLANNING TECHNICIAN) MOVING ON TO THE PRELIMINARY PLAT APPLICANT IS PROPOSING 2 LOTS FOR FAMILY HOMESEXCEEDING THEM MINIMUM LOT AREAS IT INCLUDES THE FOOTPRINTS OF 2 FAMILY HOMES BUT ONLY CONCEPTUAL NATURE THIS TIMEHOMES WILL BE REVIEWED AT THE TIMEOHRC (OLATHE HUMAN RELATIONS COMMITTEE) COMPLIANCE TO CODE THE EASTERN LOT WILL HAVE ACCESS FROM SANTA FE ST.

WHILE THE WESTERN HAS ACCESS FROM SURVEY ROAD CORRECTION OLATHE RD., OLATHE ROAD EXISTING TREES ON SITE WITH THAT STAFF RECOMMENDS APPROVAL OF THE PRELIMINARY PLAT WITH NO STIPULATIONS APPLICANT PROVIDED PUBLIC NOTIFICATION IS REQUIRED BY THE UDO STAFF RECEIVED 2 PHONE CALLS INQUIRING ABOUT WHAT THE PROPOSAL DEVELOPMENT WOULD BE BUT NO OTHER QUESTIONS WERE RECEIVED STAFF RECOMMENDS APPROVAL OF THE REZONING AND THE PRELIMINARY PLAT THIS ITEM WILL BE CONSIDERED AT THE DECEMBER 6 CITY COUNCIL MEETING THE APPLICANT IS HERE TONIGHT BUT DOES NOT HAVE AN APPLICATION BUT WILL STAMPER QUESTIONSIF NECESSARY (CHAIRMAN, WAYNE JANNER) COMMISSIONERS ANY QUESTIONS FOR THE APPLICANT COMMISIONER WOOD ( COMMISSIONER DOUG WOOD) THE 2ND HOUSE FROM OVERVIEW THE ACCESS DRIVE ON TO SANTA FE WHY IS IT ON THE EAST SIDE THE WEST SIDE OF THE PROPERTY AS OPPOSED TO THE EAST SIDE BRENNA KIU (PLANNING TECHNICIAN) THOSE EXISTING DRIVES SO THE APPLICANT UTILIZED WHAT WAS ALREADY THERE ( COMMISSIONER DOUG WOOD) OKAY THANK YOU (CHAIRMAN, WAYNE JANNER) ANY OTHER QUESTIONS NOW WILL MOVE ON TO THE PUBLIC HEARING ON OPEN THE PUBLIC HEARING I DON'T BELIEVE ANYONE SIGNED UP FOR THAT ONE SO BASED ON THAT CAN HAVE A MOTION TO CLOSE THE PUBLIC HEARING WE HAVE A MOTION AND A SECOND ALL THOSE IN FAVOR SAY AYE I ALL THOSE OPPOSED NAY(NO RESPONSE) THAT PASSES 9-0 THE PUBLIC HEARING IS NOW CLOSED IS THERE ANY OTHER ADDITIONAL QUESTIONS AT THIS TIME IF SO I WILL ENTERTAIN A MOTION FOR RZ 22-0010 AS STIPULATED BY STAFF WE HAVE A MOTION AND A SECOND WILL THE CLERK PLEASE CALL THE ROLL? COMMISSIONER BERGIDA YES COMMISIONER YOUKER YES COMMISIONER CREIGHTON YES COMMISIONER CORCORAN YES COMMISIONER BREEN YES COMMISIONER WOOD YES COMMISSIONER BROWN YES COMMISIONER TERRONES YES CHAIR JANNER YES THAT MOTION PASSES 9-0 SPEAK JANNER NO WILL MOVE ON TO

[B. PUBLIC HEARING RZ22-0012: Request for approval of a rezoning from the CP-2 (Planned General Business) District to the M-2 (General Industrial) District and a preliminary site development plan for Contractors’ Garage VIII, containing one (1) lot on approximately 2.28 acres; located at 2107 E. Kansas City Road.]

THE 2ND PUBLIC HEARING REQUEST FOR APPROVAL OF A REZONING FROM THE CP TO DISTRICT TO THE M2 DISTRICT FOR CONTRACTORS GARAGE 8 (ZACHARY MOORE PLANNER II) GOOD EVENING AS INTRODUCE THIS IS A REQUEST TO REZONE APPROXIMATELY 2.28 ACRES FROM THE CP TO DISTRICT TO THE M2 DISTRICT LOCATED AT 2107 E.

KANSAS CITY RD.

IN THE PREVIOUS PRESENTATION WE DISCUSSED A LAND-USE BEFORE GETTING INTO THE DETAILS OF THE PRELIMINARY SITE PLAN FIRST PROPERTY IS LOCATED ON THE EAST SIDE OF KANSAS CITY RD.

CONTAINS JUST OVER 2 ACRES IN THE SITE IS CURRENTLY ZONEDCP TO AND THIS REQUEST IS TO REZONE THE PROPERTY TO THE M2 DISTRICT WHICH IS COMPATIBLE WITH THE EXISTING INDUSTRIAL TO THE NORTH AND SOUTH OF THE SUBJECT PROPERTY THE PLAN OLATHE FUTURE LAND USE

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MAP IDENTIFIES THE SUBJECT PROPERTY AS INDUSTRIAL AS THE URBAN MIXED CENTER AND PROPOSED M2 ZONING DIRECTLY ALIGNS WITH THAT INDUSTRIAL AREA DESIGNATION ADDITIONALLY STAFF IS FOUND THE PROPOSAL AND GOALS OF THE CONFERENCE OF PLAN SHOWING ON YOUR SCREEN PROVIDES CONSISTENCY WITH THE COMP CONFERENCE THE PLAN DUE TO LAND-USE PATTERNS IN THE SURROUNDING AREA STAFF IS FOUND THAT SEVERAL INDUSTRIAL USES WOULD NOT BE COMPATIBLE WITH THESEDEVELOPMENT DUE TO SCALE AND SIZE ON ALSO THE LAND-USE PATTERNS AS I STATED SO THEREFORE STAFF IS RECOMMENDING SEVERAL USES BE PROHIBITED LISTED ON YOUR SCREEN HERE STAFF WORK CLOSELY WITH THE APPLICANT ON THIS LIST OF PROHIBITED USES AND THEY ARE AMENABLE TO THIS LISTWITH THAT STAFF RECOMMENDS APPROVAL OF THIS REZONING TO THE M2 DISTRICT I'LL PAUSE HERE FOR ANY QUESTIONS ON THE LAND USE AND ZONING ASPECT OF THE APPLICATION (CHAIRMAN, WAYNE JANNER) ANY QUESTIONS REGARDING ZONINGMEASURES ARE WILL MOVE FORWARD ON THE CLERK PRELIMINARY PLAN(ZACHARY MOORE PLANNER II) ONTO THE PRELIMINARY SITE DEVELOPMENT PLAN THISPLAN ENCLOSED 32,000 FT.² TO BE USED AS A CONTRACTORS GARAGE WHICH IS A BUSINESS INCUBATOR SPACE FOR INDIVIDUALS WITH RENT OR LEASE OUTUNITS AND STORE EITHER VANS OR OTHER EQUIPMENT RELATED TO THEIR BUSINESSES YOU TYPICALLY SEE PLUMBERS AND OTHER CONTRACTORS OF THAT NATURE SO THERE ARE 3 BUILDINGS ON SITE THE NORTH BUILDING IS BUILDING A THE BUILDING FEET TO THE SOUTHWEST AND SEE TO THE SOUTHEAST EACH OF THESE ARE RIGHT AROUND 10,000 FT.² IN SIZE THE APPLICANT IS PROVIDING 45 PARKING SPACES ON SITE 32 WHICH WILL ACTUALLY BE LOCATED WITHIN THE BUILDINGS THOUGH THERE MEETING UDO REQUIREMENTS FOR PARKING ON-SITE AS WELL AS THERE WILL BE A SIDEWALK PEDESTRIAN CONNECTION TO KANSAS CITY RD. THE LANDSCAPE PLAN THAT THE APPLICANT EXTENDS EXTENT EXCEEDS UDO REQUIREMENTS THE APPLICANT THE DENSE WILL DENSELY LANDSCAPE THE NORTHERN PROPERTY LINE TO HELP SOFTEN THE APPEARANCE OF THE NORTH SIDE OF THAT BUILDING A AS WELL AS THE APPLICANT WILL BE PROVIDING A 20 FOOT LANDSCAPE BUFFER ALONG KANSAS CITY RD.

WHICH WILL INCLUDE A 5 FOOT TALL DECORATIVE ALUMINUM FENCE THE ARCHITECTURE ON THE SIDE OF THE BUILDING WILL ALL BE CLAD WITH STONE CLEAR GLASS FROSTED GLASS METAL PANELS AND STUCCO THE APPLICANT IS PROPOSING AN ARCHITECTURAL THEME THAT IS CONSISTENT THROUGHOUT THE SITE TO GO SEE A LOT OF THE SAME DESIGN FEATURESON THESE BUILDINGS THE 2 FAÇADES AT THE TOP OF THE SCREEN THOSE ARE THE ONESTHAT ARE WEST FACING AND MOST VISIBLE FROM KANSAS CITY RD.THOSE FAÇADES DO MEET OR EXCEED UDO REQUIREMENTS FOR BUILDING DESIGN SUCH AS QUALITY BUILDING MATERIALS AND ARTICULATION THE ELEVATION AT THE BOTTOM OF THE SCREEN HERE THIS IS THAT NORTH FAÇADE OF THE BUILDING PER OUR CODE THIS IS CLASSIFIED AS THE PRIMARY FAÇADE THE APPLICANT IS REQUESTING SEVERAL WAIVERS FROM A COUPLE DESIGN FEATURES THAT TIE INTO THIS FAÇADE BEING CONSIDERED A PRIMARY BUT I CAN GET INTO DETAIL ON THOSE WAIVER REQUEST AS WE MOVE FORWARD IN THE PRESENTATION HERE ARE SOME MORE IMAGES OF THOSE FAÇADES BROUGHT THE SITE THESE ARE ALL SECONDARY FAÇADES WITH THE EXCEPTION OF THE ELEVATION OF THE TOP RIGHT OF THE SCREEN THIS ONE I APOLOGIZE MY PRESENTATION DID NOT GET UPDATED AS I MENTIONED EARLIER THE APPLICANT DID REQUEST 3 WAIVERS FOR DIFFERENT DESIGN FEATURES RELATED TO ARCHITECTURE THE FIRST ONE BEING TO THE STREET FACING GARAGE DOOR REQUIREMENTS UDO LISTER REQUIREMENT THAT A 3 FOOT DEEP CANOPY BE PROVIDED OVER GARAGE DOORS THEY STREETS THE GARAGE DOOR ITSELF BE RECESSED TO BE THE DUE TO THE NATURE OF THE CONSTRUCTION OF THIS BUILDING THAT IS NOT FEASIBLE ON THE SITE THE SITE IS ALSO VERY REGULAR IRREGULARLY SHAPED ANY ENCROACHMENT INTO THE DRIVEWAY WOULD POTENTIALLY CREATE A CONFLICT FOR SAFETY OF VEHICLES TO MOVE THROUGH THE PROJECTS SO STAFF IS SUPPORTIVE OF THAT WAIVERIN ADDITION THE OTHER 2 WAIVERS PERTAIN TO THOSE PRIMARY FAÇADES THE NORTH FAÇADE BUILDING A THE NORTH FAÇADE OF BUILDING THE ONE OF THEM IS TO ALLOW A

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REDUCTION IN THE AMOUNT OF CLASS REQUIRED THE FAÇADE ON THE BOTTOM THERE'S NO GLASS BEING PRESENTED ON THE FAÇADE HOWEVER THE APPLICANT IS EXCEEDING THE AMOUNT OF CLASS I BUILDING MATERIALS THAT ARE BEING PROVIDED ON THEIR I ALSO THE VERTICAL ARTICULATION WAS ANOTHER WAIVER THE APPLICANT WAS REQUESTING IN PART DUE TO THE NATURE OF THE CONSTRUCTION TYPE IN THE SITE GRADING ITSELF ALSO THIS BUILDING IS PROPOSED TO BE ABOUT 14 FEET TALL IN THE UDO REQUIRES A FOREFOOT CHANGE THAT WOULD BE OUT OF SCALE FOR A BUILDING OF THIS NATURE SO THEREFORE STAFF IS SUPPORTIVE OF THAT WAIVER AS WELL SO IN SUMMARY STAFF RECOMMENDS APPROVAL OF THE PRELIMINARY SITE DEVELOPMENT PLAN WITH 3 STIPULATIONS PERTAINING TO THE 3 WAIVERS THAT I JUST MENTIONED AS THE OVERALL STAFF RECOMMENDS APPROVAL OF THE REZONING TO THE M2 DISTRICT WITH THE FOLLOWING STIPULATION REGARDING THE PROHIBITED USES AS I MENTIONED EARLIER STAFF RECOMMENDS APPROVAL APPROVAL THAT PRELIMINARY SITE BUILT PLANWITH THE STIPULATIONS APPLICANT DID MEET ALL PUBLIC NOTIFICATION REQUIREMENTS THAT WHOLE NEIGHBORHOOD MEETING WAS NORESIDENTS ATTENDED STAFF IS NOT RECEIVE ANY CORRESPONDENCE REGARDING HIS APPLICATION THIS ITEM WILL BE CONSIDERED AT THE DECEMBER 6 CITY COUNCIL MEETING I'LL STAND BY FOR QUESTIONS APPLICANT IS HERE AND WOULD LIKE TO SAY A FEW WORDS SPEAK JANNER ANY QUESTIONS FOR STAFF BEFORE WE MOVE ON (COMMISSIONER CHIP CORCORAN) WHAT'S THE NOMINAL DEPTH OF THE BUILDINGS(SWITCH SPEAKER) THE BUILDINGS ARE UNDER 50 FOOT DEEP(SWITCH SPEAKER) ONE LIMITS OF ECONOMY AS PARKING REQUIREMENTS AND USING THE INTERNAL FOR THE BUILDINGAS PARKING STALLS THAT WOULD LEAVE MAY BE 30 FEET BEHINDFOR LESS FIND A PARKING STALL WITHIN THE BUILDING (SWITCH SPEAKER) MY UNDERSTANDING THAT THE INTENT FOR THAT IMMATERIAL UNIT IS TO BE USED AS GARAGE WE JUST MOSTLY BE FOR OVERNIGHT USE MORE OFTEN THAN NOT THE VEHICLES WILL BE OUT DOING WORKDEPENDING ON WHOSE BUSINESS(SWITCH SPEAKER) WHAT PROVISIONS ARE THERE ARE TO KEEP THIS FROM BEING A PUBLIC SAFETY PEOPLE FROM PARKING IN FRONT OF THE GARAGES OBSTRUCTING THE ACCESS FOR PUBLIC VEHICLES(SWITCH SPEAKER) THAT CAN BE DONE WITH NO PARKING SIGNS AND STRIPING THAT WE CAN HANDLE AT THE TIME OF FINAL SITE DEVELOPMENT(SWITCH SPEAKER) I AM CONCERNED ABOUT THAT (COMMISSIONER JEFFREY CREIGHTON) REGARDING THE ACCESS REGARDING THE ACCESS TO THE PROPERTY THE NUMBER OF TRIPS COMING AND GOING THE STAFF COMFORTABLE THAT THIS IS OKAY AN MEETS ACCESS MANAGEMENT BECAUSE IT'S A LITTLE THE OFFSET FROM THE PUBLIC STREET ACROSS THE WAY(SWITCH SPEAKER) TRAFFIC DIVISION STAFF REVIEWED THIS AND IT DOES COMPLY WITH THE TRAFFIC MANAGEMENT PROGRAM (CHAIRMAN, WAYNE JANNER) ANY OTHER QUESTIONS AS A SMALL INDOOR STORAGE SWITCH YES THAT'S CORRECT (SWITCH SPEAKER) IF YOU PULL UP THE LANDSCAPING THE 5 FOOT ALUMINUM FENCE WHERE EXACTLY IS THAT LOCATED (SWITCH SPEAKER) THAT WOULD BE IN THIS LOCATION RIGHT HERE ALONG KANSAS CITY RD.

THE LANDSCAPE ITSELF WOULD BE ON THE OUTSIDE OF IT SO YOU WOULD SEE FROM THE STREET YOU TO CURB LANDSCAPING AND THEN THE FENCE (CHAIRMAN, WAYNE JANNER) THANK YOU AND HAVE ADDITIONAL QUESTIONS IF NOT I'LL GO AHEAD AND OPEN THE PUBLIC HEARING I'D DON'T BELIEVE WE HAVE ANYONE SIGNED UP TO SPEAK IF NOT WILL MOVE FORWARD AND I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING WE HAVE A MOTION AND A SECOND ALL THOSE IN FAVOR SAY AYE I ALL THOSE OPPOSED NAY (NO RESPONSE) AND THAT PASSES 9-0 ANY OTHER DISCUSSION NEEDED ON THIS ITEM IF NOT I WILL CALL FOR MOTION ON PASSAGE OF THE ITEM

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WE HAVE A MOTION AND A SECOND ON RZ 22-0012 WILL THE CLERK PLEASE CALL THE ROLL? COMMISSIONER BERGIDAYES COMMISIONER YOUKER YES COMMISIONER CREIGHTON YES COMMISIONER CORCORAN NO COMMISIONER BREEN YES COMMISIONER WOOD YES MR. BROWN YES COMMISIONER TERRONES YES CHAIR JANNER YES THE MOTION PASSES 8-1 (BOARD CHAIR SUTHERLAND)

[C. PUBLIC HEARING SU19-0008: Request for approval of a renewal of a special use permit for Hamm Quarries on approximately 244 acres; located southeast of W. 159th Street and W. Old 56 Highway (Clare Road).]

(CHAIRMAN, WAYNE JANNER) WILL MOVE ON TO ITEM C REQUEST FOR APPROVAL OF SPECIAL USE PERMIT FOR HAMM QUARRIES ( NATHAN JUREY, PLANNER II ) THANK YOU PLANNING COMMISSION GOOD EVENING NATHAN JUREY HIM CORY IS REQUESTING A RENEWAL OF THE SPECIAL USE PERMIT FOR THIS WORRY AT 23 775 159 STREET THE CITY'S ATTORNEY'S OFFICE WILL PROVIDE SOME ADDITIONAL INFORMATION REGARDING STAFF'S RECOMMENDATIONS THE SUBJECT PROPERTY IS LOCATED AT THE SOUTH EAST CORNER OF 159TH ST.

AND OLD HIGHWAY 56 IT'S ROUGHLY 244 ACRES IN SIZE LOCATED NORTH AND WEST OF THE EXISTING RAILROAD AN STREAM CORE DOOR THAT ROUNDS THE PROPERTY OFF ON THE SOUTH SIDE AND EAST SIDE THE APPLICANT IS REQUESTING TO SIMPLY RENEW THE SPECIAL USE PERMIT THAT HAS BEEN APPROVED ON THE SITE SINCE1990 AND HAS SINCE 1990 BEEN RENEWED SEVERAL TIMES INCLUDING LAST RENEWAL WHEN HIM TOOK OVER OWNERSHIP AS THE OPERATOR OF THE SITE AND 2018 THERE ARE DIFFERENT AREAS WITHIN THIS CORY THAT ARE IN DIFFERENT STAGES OF THE QUARRIES LIFECYCLE WHICH INCLUDE MINING MINING AND LANDFILLING AND LAND RECLAMATION ACTIVITIES ON THE SCREEN ARE COUPLE PHOTOS OF THE SITE TOP PHOTO SHOWING THE MAIN ENTRANCE OF 159 STREET IN THE EXISTING TREES BEING PRESERVED THERE BOTTOM PHOTO SHOWS THE ACCESS DRIVE OFF OF OLD 56 HIGHWAY LOOKING SOUTHEAST SHOWING THE EXISTING BERM AND BUFFER THAT RUNS ALONG OLD 56 HIGHWAY AS SHOWN ON THIS FUTURE LAND USE MAP AS PART OF PLAN OLATHE THE PROPERTY IS LARGELY IN THE SECONDARY GREENWAYDESIGNATION AFTER THE LAND IS FULLY RECLAIMED AFTER POURING ACTIVITY CEASES THE SITE WILL BE CONSISTENT WITH THIS FUTURE LAND USE DESIGNATION AS FAR ZONING THE NORTHERN HALF OF THE SITE WAS OWNED AND 3 IN 2001 WITH THE SOUTHERN HALF TO THE A DISTRICT IN 1996 THE SITE IS LARGELY SURROUNDED BY INDUSTRIAL ZONING TO THE NORTHIN EAST AS WELL AS COUNTY PLANNING LOGISTICS THE COUNTY INDUSTRIAL AREA TO THE WEST THIS EXISTING QUARRIES TO THE NORTH YOU CAN SEE ON THE AERIAL AND THE EXISTING NEW CENTURY AIR CENTERIS LOCATED TO THE WEST OF THE SITE AS WELL THERE IS A RESIDENTIAL UNINCORPORATED COUNTY ZONINGDISTRICT ON THE SLIDE TO THE SOUTH OF THE SITE IT SHOWN ON THE OTHER SIDE OF THE TRACKS SOUTH OF THE SITE ON THE SOUTHERN SIDE OF THE RAILROAD CURRENTLY

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SURFACE MINING INCLUDING QUARRUING AND BLASTING ACTIVITIES IS OCCURRING ON THE SOUTHERN PORTION OF THE SITE WHICH IS LABELED ASAS THE ACTIVE AREA AREAS TO THE NORTH HAVE EITHER BEEN COMPLETED IN TERMS OF LANDFILLING OR ACTIVELY BEING LANDFILLED OR RECLAIMED THE NORTHEAST CORNER OF THE SITE IS BEING USED AS THEIR ACCESSORY OPERATIONS AREA WHICH INCLUDES STOCKPILING OF ROCKS LOADING OF TRUCKS FOR TRANSPORT THINGS OF THAT SORT ON THE SCREEN IS A SITE PLAN THAT WAS PROVIDED IN YOUR PACKET TO ZOOM IN FOR A LITTLE EASIER VIEWING THE SITE PLAN DOES SHOW THE LOCATION OF IMPROVEMENTS AS WELL AS THE SETBACKS OF THE MINING ACTIVITIES THE SETBACKS DO COMPLY WITH THE SETBACKS THAT WERE APPROVED IN 2018 SPECIAL USE DUST WILL BE CONTROLLED AND IS CONTROLLED CURRENTLY USING THE BEST MANAGEMENT PRACTICES THAT WERE ESTABLISHED WITH THE PREVIOUS APPROVAL ALL ROUTES WILL REMAIN AS IS 159 STREET AND OLD 56 HIGHWAY ARE BEING USED THE APPLICANT WILL CONTINUE TO COMPLETE ALL CITY AND STATE MANDATED PERIODIC REPORTING AS REQUIRED SUCH AS THE S3 TRIPLE P STORMWATER PREVENTION PLAN AND THE OTHER REPORTS REQUIRED BY CITY AND STATE AND COUNTY AUTHORITIES ON THE SCREEN IS A MINING SEQUENCE PLAN PROVIDED BY THE APPLICANT IT DOES SHOW MINING OCCURRING OVER THE NEXT 36 YEARS FIRST PHASE BEING THE CONTINUED MINING OF THE SOUTH AREA WHICH IS THIS BLUE AREA HERE ON THE SCREEN FUTURE PHASES WOULD BE MOVING NORTH FROM THAT AS WELL HOWEVER STAFF IS RECOMMENDING A TERM LIMIT OF 7 YEARS AN APPLICANT WILL NEED TO SUBMIT UPDATED PLANS TO REFLECT THE APPROVED TERM LIMIT THE APPLICANT IS AGREEABLE TO THIS SAME GOES WITH THE RECLAMATION PLAN AND UPDATED PLANS… DOES SHOW RECLAMATION OCCURRING WITHIN THE SAME TIME. AS A MINING SEQUENCE THE APPLICANT WILL PROVIDE UPDATED PLANS TO COINCIDE WITH THE TERM LIMIT APPROVED WITH THIS SUP THE PUBLIC NOTICE AND NEIGHBORHOOD MEETING WERE COMPLETED AS REQUIRED BY CODE PUBLIC CORRESPONDENCE WAS SUBMITTED BY NEARBY RESIDENT INCLUDED IN THE MEETING PACKET AS WELL AS A LETTER THAT WAS SENT TO PLANNING COMMISSIONTODAY WHAT THAT STAFF RECOMMENDS APPROVAL OF THE SPECIAL USE PERMIT WHAT THE TERM OF 7 YEARS WITH ALL THE STIPULATIONS INCLUDED IN THE PACKET APPLICANT IS AVAILABLE TO ALL STIPULATIONS ITEM WILL BE CONSIDERED AT THE DECEMBER 6 CITY COUNCIL MEETING THAT CONCLUDES MY PRESENTATION APPLICANT IS HERE FOR ADDITIONAL QUESTIONS (APPLICANT) MY NAME IS CHRIS GRUNEWALD THE DEPUTY CITY ATTORNEY CITY ATTORNEY'S OFFICE THIS IS UNUSUAL BUT I'M STEPPING UP BECAUSE WE HAVE RECEIVED SOME COMMENTS PARTICULARS, LETTER ONE OF THE ORIGINAL PACKET PROVIDED TO YOU AN ADDITIONAL COMMENT LETTER THAT RAISE SOME ISSUES I WANT TO BRIEFLY ADDRESS IS WITH YOU THIS EVENING MY ROLE HERE IS PLANT WORKING WITH STAFF AND HAVING REVIEWED AS ISSUES WE WANTED TO PROVIDE YOU AN UPDATE THE COMMENTS WERE RECEIVED FROM A RAN DECREE SO THAT I HAPPEN TO SEE YOUR AT THE BACKHIS WIFE CYNTHIA SUBMITTED THE ADDITIONAL WRITTEN COMMENTS THAT WERE RECEIVED BY EMAIL THIS MORNING 2 MS NASSIF THE KRIESEL'S LIVE IN THE UNINCORPORATED COUNTY AREA WHICH MR. JUREY WAS POINTING OUT THE SOUTH BY THE RAILROAD TRACKS ON THE OTHER SIDE OF THE BERM SOUTH OF THE QUARRY BOUNDARY THERE'S UNINCORPORATED COUNTY LAND AND THAT'S WHERE THE PEOPLE'S LIVES THE MOST SUMMARY COMMENT BUT THE OVERARCHING ON IS HOW

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THEY LOOKED AT THE COMMENTS THAT WERE PROVIDEDBY THE CRYSTALS THAT HASN'T CHANGED STAFF'S RECOMMENDATION WE UNDERSTAND THE LEGAL ISSUES AND ARGUMENTS THAT ARE MAKING THAT DOESN'T CHANGE STAFF'S RECOMMENDATIONS WE CONTINUE TO STAND BY THE RECOMMENDATION OF PULL RECOMMENDING THE PLANNING COMMISSION APPROVED THE RECOMMENDED TERM STIPULATION AS STAFF HAS PROVIDED AND ALLOWED TO GO FORWARD TO THE CITY COUNCIL FOR FULL CONSIDERATION I JUST TOUCH BRIEFLY ON THE ISSUES RAISED IN THE MOST RECENT EMAIL THAT WAS FORWARDING MRS. KRIESEL COMMENTS TO LEGAL ARGUMENTS YOU TOUCHED ON ONE OF THEM HAD TO THE SETBACKS ON THE SOUTHERN BOUNDARY WE DISAGREE THAT THE SETBACK HAS TO BE 1000 FEET IT HASN'T HISTORICALLY BEEN 1000 FEET ALYSSA PRIOR TO SUP RENEWALS HAVE BEEN 750 FEET FOR RESIDENTIAL ZONING AND MOST RECENTLY FOR RESIDENTIAL STRUCTURES A SMALL DIFFERENCE THERE BETWEEN THE ZONING BOUNDING BOUNDARY LINE AND THE STRUCTURE MOST IMPORTANT THING HERE IS THAT THE UNIFIED DEVELOPMENT ORDER ALLOWS THE PLANNING COMMISSION TO RECOMMEND AND FOR CITY COUNCIL TO APPROVE LESS OF THE THOUSAND FEET THIS BEEN A PROVISION IN THE UDO SENSE AT LEAST BEFORE THE MOST RECENT RENEWAL THAT PROVIDES FOR A REDUCTION IN THE RESIDENTIAL SETBACK OF UP TO 90% AND THAT'S NOT WHAT THESOUGHT TO CINDERS AGAIN THE CONTINUATION OF THE 750 FOOT SETBACK THE 2ND ARGUMENT WAS RAISED QUESTION THE ABILITY TO HAVE ASSOCIATED THE SANDY LANDFILLED TO BE COMBINED WITH THE SUB SPECIAL USE PERMIT THAT WAS DONE PREVIOUSLY ALREADY THE 2018 RESOLUTION WHICH APPROVED THE MOST RECENT ROLE DID EXACTLY THAT AND AGAIN THE UDO AUTHORIZES TAKING ASSOCIATED USES HERE RECLAMATION PLAN APPROVED BY THE STATE IN THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT HAS APPROVED ASANTE LANDFILL AT THE SITE THAT IS BEEN IN OPERATION FOR QUITE SOME TIME THAT'S THE ULTIMATE RECLAMATION PLAN APPROVED SEPARATELY BY THE STATE THAT BRINGS US SITE INTO CONSISTENCY WITH THE FUTURE LAND USE MAP THE MR. JUREY POINTED OUT THE SECONDARY GREENWAY WHICH PROVIDES FOR PASSAGE USE AND RECLAMATION PLAN OF BRINGING THE LAND UP TO THE POINT WHERE IT CAN BE SEATED AN BE EITHER AGRICULTURAL OR GREENWAY USE THAT'S WHAT THIS PLAN ACCOMPLISHES SUPPORT THAT REASON STAFF HAS COMBINED THOSE 2 TO ALLOW THOSE TO BE CONSIDERED TOGETHER WITH THAT I KNOW THE APPLICANT IS HERE AND INTENDS TO MAKE A BRIEF PRESENTATION LIKE TURNED OVER TO THAT (CHAIRMAN, WAYNE JANNER) IF THE APPLICANT WOULD LIKE TO COME FORWARD (APPLICANT) PETE HEAVEN MY ADDRESS IS 1606 TO 201 COLLIS BLVD., OVERLAND PARK WITH ME TONIGHT IS BRANDON DEVEREAUX THE VICE PRESIDENT OF THE HUMAN COMPANIESI'LL SPEND A GREAT DEAL OF TIME ON 2 ISSUES ON THE AGENDA RATHER THAN REPEAT IT I JUST GIVE IT ONCE AND A LITTLE BIT ABOUT OUR CLIENT A LONG-STANDING RELATIONSHIP WITH THE CITY OF OLATHE HIM STARTED IN 1954 HAS BEEN WORKING IN THE CITY OF OLATHE FOR 70 YEARS YOU PROBABLY SEEN OUR NAME IN ASSOCIATION WITH THE TRASH TRANSFER STATION WHICH WE'VE OPERATED FOR ABOUT 20 YEARS THE CITY WE'VE BEEN VERY ACTIVE AN CIVIC PARTICIPANT AND MANY OF THE CITIES CHARITABLE ORGANIZATIONS AND EVENTS WERE GOVERNED BY A LOT OF DIFFERENT AGENCIES MINE SAFETY IS OUR PRIMARY CONCERN WE HAVE VERY FEW CITATIONS ON WITH NO INJURY INJURIES AT EITHER QUARRY FOR OVER 4 YEARS PEOPLE OFTEN ASK WHAT YOU QUARRY WELL WORK QUARRYING ROCK WITH THAT WE MAKE RAFFLE WITH THAT YOU MAKE SENSEASPHALT YOU CAN MAKE CHEMICALS

[00:35:01]

USED FOR AGRICULTURAL PURPOSES BUT SOMETHING THAT WE ALL NEED WE ALL USE PARTICULARLY THE CITY OF OLATHE WITH ALL THIS WONDERFUL PROJECTSTHESE CONCRETE NEEDS ASPHALT AS ANY CITY IN JOHNSON COUNTY DOES SINCE WE BROUGHT THE 2 QUARRIES IN 2018 WE SPENT OVER $500,000 BEAUTIFYINGBOTH SIDES WITH NATHAN'S PRESENTATION SOME OF THE LANDSCAPING THAT WE'VE DONE WE DON'T LOOK LIKE A QUARRY FROM THE ROAD WE TAKE GREAT PRIDE IN OUR BEAUTIFICATION WHICH WILL GET TO IN A MOMENT'S INTERESTINGLY ABOUT TWO THIRDS OF THE LIMESTONE IN JOHNSON COUNTY IS PRODUCED RIGHT HERE IN OLATHE WE ARE THE AGGREGATE CAPITAL OF JOHNSON COUNTY JOHNSON COUNTY CONSUMES OVER 500 MILLION TONS OF AGGREGATE PER YEAR SO THERE'S GREAT DEMANDS OUR REGULATORY APPROVALS IN ADDITION TO THE CITY APPROVALS ARE THE STATE OF KANSAS WE HAVE FEDERAL WE HAVESTATE SOLID WASTE AIRLASTING WERE VERY HEAVILY REGULATED WE TAKE PRIDE IN THE FACT THAT WE RARELY STEP UP OUR BLESSING FOR LOSSES PLUS FEES ARE INTERESTINGTHE PRIOR OWNERSHIP OF OUR QUARRIES DID RAISE SOME ISSUES ABOUT BLASTING WE CHANGE THE METHODOLOGY NO SEE ON THE GRAPH THE INTENSITY OF THE BLASTING UNDER THE PRIOR OWNERSHIP COMPARED TO OUR OWNERSHIP TODAY AS FAR AS I KNOW I DON'T LIKE WE'VE EVER HAD AN OBJECTION TO HER BLASTING WE ARE NEIGHBOR FRIENDLY WE TEND TO GO OUR NEIGHBORS AND SAY WHAT WOULD YOU WHEN WOULD YOU LIKE TO KNOW WE WERE BLASTING SO AS NO SURPRISE WE TAILOR OUR COMMUNICATION BY EMAIL PHONE OR MAIL SO THE BEAVERS AREINVOLVED IN THE PROCESS WE SET UP MONITORING STATIONS GENERALLY AT THE NEAREST NON-OWNED STRUCTUREFROM OUR PROPERTY THAT GIVES US THE BEST FEEL FOR WHAT WERE DOING WITH OUR BLASTING WE DO 3 BLASTS THROW STIPULATIONS 3 BLASTS SURVEYS FOR THE PROPERTY OWNER TO HAVE ONE SO EXISTING CONDITIONS ON THE PROPERTY SO IS THERE IF IT IS IF THERE IS AN INCIDENT WILL KNOW IF IT'S OUR FAULT OR NOT RECLAMATION PROCESS THAT COULD, COME UP AFTER SOME COMMENTS FOR THE PUBLIC OR VERY IMPORTANT WE ARE ENVIRONMENTALLY SENSITIVE I KNOW SEE IN JUST A MOMENT SOME OF THE THINGS WE'VE DONE WITH OUR RECLAMATION PROCESS BUT WE USE CONSTRUCTION AND DEMOLITION DEBRISTO FILL THE CRATER AFTERWARD FINISHED QUARRYING WE DON'T JUST THROW CEMENT AND REBAR IN THE WHOLETHERE IS A FINAL THERE IS A 10 TO 20 FOOT FLOOR PUT IN THOSE DRAINAGE SYSTEMS PUT IN TO PREVENT THE ACCUMULATION OF WATER THIS IS ALL REGULATED AND SUPERVISED BY KATIE AG IN AN INDEPENDENT THIRD-PARTY AFTER WERE CLOSED WE HAVE A LEVEL SURFACE THAT IS SEATED WE SAW THE POST CLOSURE COMMITMENTS THAT COULD GO ON AS LONG AS 30 YEARS SO WE ARE IN THIS FOR THE LONG HAUL IT IS IMPORTANT TO NOTE THAT ARE SUSPECT OUR SUSTAINABILITY PROGRAM WE RECEIVED 2 AWARDS FROM THE GOV.'S OFFICE FOR REGULAR RECLAMATION ACTIVITIES AS WELL AS NATIONAL AWARD IN 2024 OUR RECLAMATION WE ARE ACTIVE WITH THE WILDLIFE HABITAT COUNCIL COUNCIL CREATING HABITAT WITH OUR LANDFILLS AND QUARRIES AFTER THEY BEEN RECLAIMED WITH THAT ALL INDOOR PRESENTATION ALL STAMPER QUESTIONS I'LL REAFFIRM THAT WE ARE IN FAVOR OF ALL THE STIPULATIONS WE APPRECIATE THE STAFF WORKING WITH US DURING THIS PROCESS I WITH ME NOT ONLY BRANDON BUT OTHERS FROM HIM AS WELL (CHAIRMAN, WAYNE JANNER) ARE THERE ANY QUESTIONS FOR STAFF FOR THE APPLICANT FROM THE DAIS (COMMISSIONER JEFFREY CREIGHTON) AS LONG AS APPLICANT IS THERE MR. HEAVEN YOU TALKED ABOUT THE UNDERGROUND MINING AS OPPOSED TO THE OPEN AS A TO HELP UNDERSTAND WHAT THAT LOOKED LIKE IS THAT SIMILAR TO WHAT WERE ACCUSTOMED TO SEEING IN THE METROPOLITAN AREA AND LENEXA FOR SOME THE OTHER SITES ON THE MISSOURI SIDEWERE UNDERGROUND

[00:40:02]

(SWITCH SPEAKER) YES THERE IS SOME POSSIBILITY OF SOME UNDERGROUND MINING MUCH LIKE WHAT YOU SEE AND LENEXA THAT COULD BE PART OF OUR PLAN GOING FORWARD IN THE FUTURE WITH A SEVEN-YEAR SPECIAL USE PERMIT WE DON'T HAVE MUCH TIME WE MAY BE BACK I HAVE TO BE HONEST WITH YOU OVER THE TIME BEING WERE HAPPY WAS 7 YEARS ( COMMISSIONER DOUG WOOD) DESPITE THE FACT THAT THE SPECIAL USE PERMIT IS RECOMMENDED FOR 7 YEARS WHAT DO YOU ANTICIPATE AS TO THE LIFE OF THE POURINGSITE CORRECTION QUARRYING SITE (APPLICANT) BRANDON DEVEREAUX WITH HAMM INDUSTRIES VOLUMES ARE 25 TO 30 YEARS POSSIBLE MINING YEARS (SWITCH SPEAKER) WHAT DID TAKE THE NECESSITY OF UNDERGROUND QUARRY OR MINING (SWITCH SPEAKER) I WOULD USE THE WORD NECESSITYWHAT IT DOES IS THE GEOLOGY WOULD BE GOING AFTER IS GENERALLY SPEAKING THE HIGH-QUALITY LIMESTONE THAT WE USE IN ALL THESE IS PETE MENTIONED THERE IS NO RESTRICTIONS CAN OFTEN BE LESS INVASIVE TYPE OF MINING AS THE ACTIVITY IS SUBSURFACE ABOUT 330 FEET BELOW THE SURFACE OF HUNDRED AND 5150 9TH ST.

AND ANY POTENTIAL NEIGHBORHOOD NOOSES NUISANCE FROM BLASTINGWOULD BE MITIGATED THEN THERE'S THE EXTENSION OF THE GEOGRAPHY THAT PETE MENTIONED WITH THE EXCEPTIONAL DEMAND OF JOHNSON COUNTY AND OLATHE IT MIGHT BRING US THE ABILITY TO DO THAT THE SAME LOCATION AND PROVIDE MORE TO THE END USE CONSUMER BECAUSE OF OUR COST OF OUR PRODUCT IS NOT JUST PRODUCTION AND PURCHASING ALSO TRANSPORTATION (SWITCH SPEAKER) I DON'T RECALL WHAT THE MAP SHOWED PLEASE REFRESH MY MEMORY WHAT PORTION OF THE PROPERTY CURRENTLY IS BEINGMIND (SWITCH SPEAKER) I'M NOT SURE WHAT YOU'RE ASKING (SWITCH SPEAKER) IS IT THE NORTHERN PORTION OF THE SOUTHERN PORTION (SWITCH SPEAKER) THE SOUTHWEST CORNER CURRENTLY FROM THE SOUTHWEST SIDE AND THE SOUTHERN 3RD OF THE PROPERTY I'M CURRENTLY MOVING SOUTH IN TURNING AND SWEEPING BACK TO THE EASE BUT STAYING IN THAT SOUTHERN TERRITORY(SWITCH SPEAKER) ONCE YOU COMPLETE THE MINING ACTIVITIES AND START RECLAMATION IS THERE ANY PLAN AS TO WHAT YOU DO WITH THE PROPERTY TO COMPLY WITH THE PROPOSED FUTURE ZONING OR USE OF THE LAND (SWITCH SPEAKER) WE DON'T HAVE OR ADDRESS THE FINAL USE ONCE IS COMPLETELY BACKFILLED I'M NOT SURE THAT LOOKS LIKE AS OF NOW THE PLAN IS TO SEED BACK TO NATIVE GRASS SO WILL BE GREEN SPACE ESSENTIALLY WE DON'T HAVE A SECONDARY USE OUTSIDE OF THAT THAT DOESN'T MEAN THE COMPANY IS NOT OPEN TO IT BUT THE LANDFILLS LIFE IS MUCH LONGER THAN QUARRYING 35 TO 40 YEARS (SWITCH SPEAKER) WITH THE PROPERTY BE STABLE ENOUGH TO ACCOMMODATE DEVELOPMENT BY YOU OR SOMEBODY ELSE 4 FOR USE OTHER THAN BEING GREEN SPACE (SWITCH SPEAKER) (CHAIRMAN, WAYNE JANNER) I THINK WERE GETTING OUT OF THE 7 USE SPECIAL USE PERMIT SWITCH WOULD ( COMMISSIONER DOUG WOOD) I JUST FIGURED SINCE WE HAVE THE APPLICANT IS HERE WE SHOULD ASK(APPLICANT) IN CALIFORNIA THE TESTING A

[00:45:01]

FLOATING SLAB CONCEPT IN CONNECTION WITH THE BUILDING OF A HOME DEPOT ON A FIELD SOLID WASTE LANDFILL I THINK THE POSSIBILITIES ARE OUT THERE AND IF THIS FLOATING SLAB CONCEPT WORKS THAT COULD BE PUT TO AN INDUSTRIAL USE (COMMISIONER TONY BERGIDA) FROM PAGE 6 REGARDING SETBACKS AND PAGE 9 RE: SETBACK SET AT 750 FEET AND THEN WHEN TALKS ABOUT THE GOLDEN CRITERIA TALKS ABOUT THERE WOULD BE A HARDSHIP WITH THE BANALITY OF THE APPLICATION BECAUSE THE CORING SECTION OF THE BUSINESS WOULD BE SHUT DOWN WITH THE 750 FEET IN THE SOUTHERN PORTION WHERE MINING ACTIVITY IS TAKING PLACE IS THERE ANY REASON THAT COULD NOT BE DONE OF THE THOUSAND FEET OR WHAT IS THAT PROCESS LOOK LIKE FOR YOU ALL (APPLICANT) SHORT ANSWER IS ANYTHING IS POSSIBLE IS JUST A RESTRICTION RON THE PROPERTY AND WE INTEND TO QUARRY THE PROPERTY WHAT I'D SAY MOSTLY ABOUT THE SETBACKS FROM REVIEW THAT NOT ONLY HAS BEEN THE SETBACK WE HAVE NOT BUT OUR PREDECESSOR THE ENTIRE SOUTHERN BOUNDARY THAT SETBACK FROM 2017 NOT EVERYONE GETS INTO GOOGLE SPENDS WAY TOO MUCH TIME YOU CONTENT TIME-LAPSE ON GOOGLE EARTH I GUESS MY VIEW AS NOT ANY ADDITIONAL NOOSES (COMMISIONER TONY BERGIDA) I'VE A QUESTION FOR THE CITY ATTORNEY SPEAK JANNER ANY OTHER QUESTIONS FOR THE APPLICANT MR. HEAVEN MR. DEVEREAUX THANK YOU FOR BEING HERE THIS EVENING (LEGAL STAFF) (COMMISIONER TONY BERGIDA) MY UNDERSTANDING IS THAT WHAT YOU BELIEVE THAT THE UDO REQUIRES 750 FEET RATHER THAN A THOUSAND FEET CORRECT(LEGAL STAFF) I THINK DIFFERENTLY IF I COULD SO THERE IS A DEFAULT SETTING FOR THOUSAND FEET TO RESIDENTIAL ZONING OR RESIDENTIAL STRUCTURE THIS PROVISION IN THE UDO THAT ALLOWS MODIFICATION THAT DOWN TO 90% TO FULLY ANSWER QUESTION WHAT THAT PROVISION PROVIDES IS THAT YOU CAN PLANNING COMMISSION RECOMMENDS CITY COUNCIL APPROVES A MUCH LOWER SETBACKDOWN TO 90% ON 2 CONDITIONS EITHER BECAUSE THE OWNER IS OKAY WITH IT OR THE APPLICANT HAS BEEN IN COMPLIANCE WITH ALL THE REQUIRED STANDARDS AS A PLAN TO REMAIN IN COMPLIANCE THAT WOULD BE THE PROVISION HERE THAT WOULD OFFER AUTHORIZED ANY COMMISSION THIS IT CAN BE LESS THAN A THOUSAND FEET UP TO A 90% REDUCTION HERE IT DOES NOT REQUIRE GOING TO EXACTLY 750 (COMMISIONER TONY BERGIDA) SO WE CAN REDUCED TO 900 THERE IS SWITCH THERE IS ABILITY TO RECOMMEND THAT SWITCH THIS APPLICATIONS FOR 750 FEET(SWITCH SPEAKER) THE PRIOR APPROVALS DID HAVE IT AT 750 FEET(SWITCH SPEAKER) WHEN THE UDO'S CHANGE WASN'T A SORT OF GRANDFATHER CLAUSE REFERRING TO EXISTING SPECIAL USE PERMITS OR THE LIKE THAT(SWITCH SPEAKER) THE LANGUAGE THAT WAS CHANGED WAS NOT THE LANGUAGE ABOUT AUTHORIZING REDUCING UP TO 90% THAT HAD REMAINED THE SAME HAS BEEN THE SAME FOR MANY MANY YEARS THE CHANGES I DON'T HAVE ALL THE CHANGES RIGHT IN FRONT OF ME DID THE FACT THAT I DID NOT HAVE LANGUAGE REGARDING GRANDFATHERING BECAUSE IT DID THE FACT THAT OTHER PROVISION WE DIDN'T THINK IT WILL BE A PROBLEM SO THE GRANDFATHER LEGACY QUESTION WHAT WHICH I UNDERSTAND WHY YOU'RE ASKING THAT THIS WOULD APPLY THERE BECAUSE IS A PRE-EXISTING AND CONTINUING LANGUAGE THE AUTHORIZES GOING TO 750 OR

[00:50:04]

SOME OTHER NUMBER SWITCH THANK YOU (CHAIRMAN, WAYNE JANNER) ANY OTHER QUESTIONS FROM COMMISSIONERS AT THIS TIME (COMMISSIONER JEFFREY CREIGHTON) AS LONG AS LEGAL STILL SPECIFICALLY IN THE RECOMMENDATIONS THERE ARE A SIGNIFICANT NUMBER OF STIPULATIONS HOW ARE THE STIPULATIONS REVIEWED OR ENFORCED IF THERE ARE COMPLAINTS FOR PROBLEMS AND WHO HAS AUTHORITY OVER THOSE ARE THEY WITHIN THE AUTHORITY OF THE CITY OR THE ENVIRONMENTAL PDG WOULD BE RESPONSIBLE 2 PART QUESTION HOW THEY ARE ENFORCED AND HOW ARE THEY REVIEWED (LEGAL STAFF) YOU'RE ASKING A GREAT QUESTION THERE ARE COUPLE OF DIFFERENT ANSWERS LET'S START WITH WHETHER NOT BE STIPULATIONS IN THE CITIES SPECIAL USE PERMIT CAN BE ENFORCED YES THEY CAN BE ENFORCED STAFF WOULD OFFICE RESPONSIBLE THE OPERATIONS OF THE CORPORATE QUARRY TOUCH ON A FEW DIFFERENT DISCIPLINES FOR EXAMPLE THE FIRE MARSHAL'S OFFICE IN TERMS OF BLASTING BUT THE PLANNING DIVISION AND OTHER INSPECTORS MIGHT BE INVOLVED FOR OTHER THINGS SUCH AS AFFIRMING OR OPERATIONAL ISSUES IN THE STIPULATIONS SO I WOULD SAY THE VARIOUS DIVISIONS OF THE CITY STAFF ARE RESPONSIBLE FOR ENFORCEMENT IT'S A COMPLAINT DRIVEN PROCESS PRIMED PRIMARILY DOCUMENTATION TO BE DONE AND THE ADMINISTRATION PROCESS WOULD BE STARTED THERE IS AN ADDITIONAL OPTION TO BRING BACK SOME SPECIAL USE PERMIT IT COMPLIANCE IT CAN BE BROUGHT BACK IN FRONT OF THE PLANNING COMMISSION TO REVOKE THE SEP FOR NOT BEING IN COMPLIANCE SO THE STANDARD ESCALATING PROCESS OF ENFORCEMENT TO ENSURE THAT IS BEING COMPLIED WITH YOU'RE RIGHT TO WONDER ABOUT WHETHER OTHER AGENCIES WOULD BE INVOLVED THERE'S A LIMITED AMOUNT OF JURISDICTION THAT THE CITY HAS OVER WHAT'S GOING ON AT THE SITE BECAUSE WERE NOT IN THE LANDFILL PERMITTING BUSINESS AS A STAGE JOB SO ARE SEVERAL ISSUES AND THERE'S ALSO COUNTY FOR EXAMPLE POOR AIR QUALITY THOSE INSPECTIONS TAKE PLACES AGENCIES THEY ESSENTIALLY ARE TETHERED TO THE SEP IF YOU'RE NOT IN COMPLIANCE WITH OTHERWISE OTHER LAWS AND YOU'RE NOT IN COMPLIANCE WITH HER SUP OTHER AGENCIES WOULD BE RESPONSIBLE WITH THE LANDFILL DOES A PRETTY RIGOROUS PROCESS WITH THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT AND THEY ARE MONITORING MONITORING BOTH OPEN CELLS THAT ARE BEING FILLED THE CAPPING OF THE CELLS IN THE CELLS ARE CLOSED AND MONITORED TO ENSURE THAT NO WATER IS GETTING IN CONTACT THERE ARE MONITORING WELLS IN PROGRAMS AND PLACED OF THE STATE TO KEEP TRACK OF THAT AND WE CITY STAFF RELATED PRIMARILY TO THE DIVISION WOULD BE RESPONSIBLE FOR GETTING COPIES OF THE REPORTS OF THE VARIOUS INSPECTIONS AND AUTHORIZATIONS ANDAS A LAWYER'S LONG ANSWER BUT HOPEFULLY THE TEACHERS QUESTION SWITCH THANK YOU ( COMMISSIONER DOUG WOOD) FOR LEGAL ASSUMING THE SPECIAL USE PERMIT IS GRANTED WHAT WOULD BE THE STARTING EFFECTIVE DATE OF THAT SPECIAL USE PERMIT WOULD BE RETROACTIVE BACK TO WHEN WE PREVIOUSLY THE PREVIOUS SPECIAL USE PERMIT EXPIRED OR TO BE IN THE FUTURE IT WOULD BE UPON THE GOVERNING BODIES APPROVAL FROM THAT DAY FOR EXAMPLE IF IT GOES FOR HERE EXCEPT FOR THE DECEMBER 6 CITY COUNCIL MEETING AT THE TO PROVE THAT NIGHT THE CLOCK WOULD START THEM (CHAIRMAN, WAYNE JANNER) ANY OTHER FURTHER QUESTIONS FOR FROM YOU COMMISSIONERS IF NOT WILL MOVE FORWARD AN OPEN THE PUBLIC HEARING AS WE INDICATED EARLIER MR. KRIESEL ASSIGNED UP TO SPEAK IF YOU LIKE TO MAKE YOUR WAY TO THE DAIS PLEASE SEE YOUR NAME AND ADDRESS BEFORE YOU SPEAK ON A 5 MINUTE TIME LIMIT IN ALL YOUR COMMENTS WILL BE RECORDED AND FORWARDED ON TO THE CITY COUNCIL UPON OUR RECOMMENDATION OF WHATEVER ACTION THE PLANNING COMMISSION TAKES SO THANK YOU FOR BEING HERE

[00:55:04]

(PUBLIC COMMENT) RANDY KRIESEL 24120 W. 167TH ST.

OLATHE KANSAS I HEARD SOME THINGS THAT I'M NOT SURE WERE QUITE RIGHT AS FAR AS I KNOW THIS IS THE FIRST TIME HAMM HAS EVER APPLIED FOR SPECIAL USE PERMIT ON THIS QUARRY THE SPECIAL USE PERMIT WAS FOR A PACK AND HIM ACQUIRED IT AFTER THAT SPECIAL USE PERMIT TOOK PLACE I THINK STAFF SAID THAT HIM WAS THE PREVIOUS SPECIAL USE PERMIT EXPIRED IN JANUARY 2020 HERE WE ARE OVER TUNEUP YEARS LATER WE'VE EXPERIENCED BLASTING VIBRATIONS SINCE THE EXPIRATION DATE I DON'T KNOW IF YOUR HOUSE GOT SHIPPED TODAY BY A HOUSE PRIVATE VIBRATION MINDED AT 1230 I TEXTED THE GUY AT HIM TO LET THEM KNOW THAT WAS REALLY BAD HERE AND THEY SAID THAT THEY WOULD CHECK THE READINGS I TEXT HIM SEVERAL TIMES ON THAT FOR WE FEEL AS LIKE THEY GET FURTHER SOUTH THE WORSE IT GETS ALL I'M LOOKING FOR MEET WITH UDO STATE THE PLANNING COMMISSION AND THE CITY COUNCIL REVISITED THE UDO REQUIREMENTS FOR SETBACK TO PROTECT RESIDENTIAL IN 2019 THE CLARIFY THOSE REQUIREMENTS MR. GREENWALD POINTED OUT THERE'S A PROVISION IN THE UDO TO ALLOW REDUCTION BY THE CITY COUNCIL THAT HAS NEVER BEEN QUOTED IN THE PAST 4 REASON FOR THE REDUCTION LAST TIME THEY SAID THEY COULD REDUCE IT BECAUSE OF THE RAILROAD RIGHT AWAY THAT WAS INCORRECT MISINTERPRETATION OF THE UDO YOU CAN SEE THE ON THE CITY COUNCIL'S MEETING FROM APRIL 17 PAGE 28 THE JUSTIFICATION FOR THE REDUCTION IS NOT A VALID JUSTIFICATION AN HOUR SUPPOSED TO LIVE WITH IT FOREVER APPARENTLY THEY BEEN WORKING THEIR WAY SOUTH THE CLOSER THEY GET THE WORSE THE SHAKING NOW IS THE TIME STAFF INVITED ME TO PARTICIPATE THE 2019 UPDATE PROVIDE INPUT THE TOLL THE CITY COUNCIL CITY COUNCIL ASKED THEM THE EXISTING QUARRIES MEET THIS RESIDENTIAL SETBACK WE WILL ADDRESS IT WHEN THE CURRENT SPECIAL USE PERMIT COME UP AGAIN THAT IS NOT BEING ADDRESSED IT'S BEEN PROMISES THE BEEN BROKEN BUT ANYWAY I COVERED THE STUFF MY WHITE WIFE SUBMITTED IN THE SANDY LANDFILL MOVE BACK AND CLARIFY WHAT THE APPLICANT IS FROM QUESTIONS ON WHAT CAN BE DONE ON THE SANDY LANDFILL THE STATE WILL ALLOW YOU TO PUT A FOUNDATION ON IT WILL OLATHE TREES ON IT ANYTHING THAT CAN PENETRATE THE PLANE LAYER ON COVERING IT CAN ALLOW HYDROGEN SULFIDE'S THAT GAS AND METHANE GAS TO START SPEWED FROM THAT LANDFILL SO THE STATE WILL LET YOU BUILD ANYTHING ON IT CURRENTLY EFFECTIVE TO GET PERMISSION EVEN TO FARMING ON IT FROM THE STATE AS ONE OF THE THINGS I'D LIKE TO BRING UP THAT MINING SEQUENCE PLAN THAT WAS SHOWN UP THERE IT SHOWS THAT THE FINAL SURFACE OR E WORK ISN'T PLANNED UNTIL 2058 THIS QUARRY STARTED IN 1990 WE WERE TOLD 20 YEARS MAXIMUM I'M 70 YEARS OLD NOW TURNED INTO A LIFE SENTENCE TO LIVE WITH THAT QUARRY THE LEAST YOU CAN DO IS GIVE ME A THOUSAND FEET SETBACK 4 BLASTING FROM RESIDENTIAL PROPERTY THIS PLAN ASSUMES THAT AN UNDERGROUND MINING PROGRAM AND THE UNDERGROUND WORK WILL GET FINISHED AHEAD OF THE SURFACE WORK WHY WOULDN'T YOU WANT THE SURFACE WORK TO GET DONE FIRST IN THE ELLIPTICITY CONSIDER WHETHER NOT TO LET THEM DO UNDERGROUND MINING THE SEQUENCE SEEMS OUT OF WHACK SURE THEY GOT US A STORAGE AREA BUT THEY GOTTA MOVE THAT ANYWAY IT SEEMS LIKE A BE BETTER FOR THE CITY TO CHANGE THAT SEQUENCE AND TAKE CARE OF IT ON TO MAKE A QUICK WORD ABOUT THE STATE APPROVAL THAT CHRIS MENTIONED FROM THE LANDFILL THE STATE REQUIREMENTS DEFER TO THE LOCAL ZONING REGULATIONS THERE APPROVAL SAYS BEFORE THEY GET ONE TO APPROVE THE REQUIRE THAT IT MEETS ALL LOCAL ZONING RULES RIGHT NOW THE LOCAL ZONING RULES FOR THING SANDY LANDFILL OLATHE IS ZONING ON M3 PROPERTY WITH THE SPECIAL USE PERMIT HERE THE SKIRTING THAT

[01:00:01]

AN STATE WILL CHANGE THEIR APPROVAL AT THE CITY CHANGES THERE'S THAT'S ALL I HAVE TO SAY THANK YOU A VIEW OF THE QUESTIONS WILL HAPPY TO ANSWER (CHAIRMAN, WAYNE JANNER) THANK YOU JUST A REMINDER BY THE THAT THE WRITTEN COMMENTS BY YOUR WIFE WILL BE SUBMITTED TO CITY COUNCIL AS WELL THANK YOU SO MUCH ANYONE ELSE TO SPEAK FOR THE PUBLIC HEARING IF NOT I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING WE HAVE A MOTION AND A SECOND ALL THOSE IN FAVOR SAY AYE CLOSING THE PUBLIC HEARING SAY AYE AYE I ALL THOSE OPPOSED NAY NO RESPONSE THAT PASSES 9-0 WILL MOVE FORWARD FOR MOTION ON ITEM SU 19-0008 MISS (COMMISSIONER CHIP CORCORAN) ( COMMISSIONER TAYLOR BREEN) AT LIKE TO MAKE AN AMENDMENT ON THE STIPULATION FOR THE SETBACK IS NOT APPROPRIATE TIME FOR THAT (CHAIRMAN, WAYNE JANNER) YES (COMMISIONER TONY BERGIDA) LIKE TO STIPULATE THAT WE MOVE IT BACK TO 900 FEET RATHER THAN 750 FEET (CHAIRMAN, WAYNE JANNER) THE ONE HAVE A MOTION ON THAT SU 19 – 0008 WITH THE CHANGE IN THE SETBACK FIGURES SO WE WILL TAKE A ROLL CALL VOTE FOR THE RECORD THE ROLL CALL THAT WOULD BE SPECIFIC ONLY TO THAT AMENDMENT COUNCIL YOU HAVE ANY INPUT ON THAT (AIMEE NASSIFF, CHIEF PLANNING AND DEVELOPMENT OFFICER) JUST A MOMENT PLEASE (LEGAL STAFF) YOU JUST CONSIDERING A MOTION ON THE MINUTE ON THE AMENDMENT SPEAK JANNER YES THIS IS A MOTION FOR THE AMENDMENT OF THE CHANGE IN THE SETBACK FROM 750 FEET TO 900 FEET THERE WILL BE A SEPARATE VOTE FOR THE PASSAGE OF THE ENTIRE ISSUE WILL THE CLERK PLEASE CALL THE ROLL? COMMISSIONER BERGIDA YES COMMISIONER YOUKER YES COMMISIONER CREIGHTON NO COMMISIONER CORCORAN NO COMMISIONER BREEN NO COMMISIONER WOOD YES COMMISSIONER BROWN NO COMMISIONER TERRONES NO CHAIR JANNER NO THAT MOTION DOES NOT PASSED BY A VOTE OF 3 YES TO 6 NO SPEAK CHAIR JANNER SPEAK JANNER SO MOVE ON TO A MOTION TO PASS SU 19-0008 WE HAVE A MOTION AND A SECOND AS STIPULATED BY STAFF WILL THE CLERK PLEASE CALL THE ROLL? COMMISSIONER BERGIDA NO COMMISIONER YOUKER YES COMMISIONER CREIGHTON YES COMMISIONER CORCORAN YES COMMISIONER BREEN YES COMMISIONER WOOD YES COMMISSIONER BROWN YES COMMISIONER TERRONES YES CHAIR JANNER YES THAT MOTION PASSES 8-1 (CHAIRMAN, WAYNE JANNER) THANK YOU COMMISSIONERS WILL MOVE FORWARD TO THE FINAL PUBLIC

[D. PUBLIC HEARING SU19-0009: Request for approval of a renewal of a special use permit for Hamm Quarries on approximately 193 acres; located at 1600 W. 151st Street.]

HEARING FOR THE SPECIAL USE PERMIT SUP 19-0009 MR. JUREY ( NATHAN JUREY, PLANNER II ) BEFORE YOU TONIGHT IS SU 19-0009 REQUEST TO APPROVAL OF A RENEWAL THE SPECIAL USE PERMIT FOR HIM QUARRIES ON APPROXIMATELY 193

[01:05:02]

ACRES LOCATED AT 1600 W.

151ST ST.

THE SUBJECT PROPERTY IS ROUGHLY HUNDRED AND 93 ACRES IN SIZE HIGHLIGHTED ON YOUR SCREEN LOCATED ALONG 151ST ST.

AN LONE ELM ROAD TO THE EAST OF IT THIS IS LOCATED NORTH OF CEDAR LAKE AND EAST OF THE RAILROAD AND THE EXISTING STREAM FOUR-DOOR ON THE WEST SIDE THERE ARE OTHER QUARRY OPERATIONS TO THE WEST AS WELL SPECIAL USE FOR THIS QUARRY HAS BEEN APPROVED ON-SITE SINCE 1989 RENEWED NUMBER NUMEROUS TIMES IS THAT IT HAS BEEN LAST RENEWED IN 2018 WHEN HAMM TOOK OVER OWNERSHIP LIKE THE LAST QUARRY DIFFERENT AREAS OF THIS QUARRY ARE USED FOR DIFFERENT STAGES OF THE LIFECYCLE OF THE QUARRY RANGING FROM MINING TO RECLAMATION ACTIVITIES APPLICATION IS JUST RENEWING THE THE SUP HERE'S A COUPLE PHOTOS OF THE SITE THE TOP PHOTO SHOWS THE MAIN ENTRANCE ON 151ST ST.