Planning Commission - Regular Meeting

e e e e

e e so all right good evening everyone I'd like to call the March 24th 2025 city of gardener Planning Commission meeting to order can you all stand for the pledge of allegiance alag of the United States of America and to the Republic for it stands one nation under God indivisible with liy and justice for all begin with a roll call beginning on my right commissioner voners president commissioner Colmes pres commiss sza here commissioner jman present commissioner Mater present commissioner Berg present and we have a quorum all right moving on to the consent agenda all matters listed within the consent agenda have been distributed to each member of the Planning

Commission for study these items are considered to be routine and will be enacted on by one motion with no separate discussion if separate discussion is desired an item may be removed from the consent agenda and placed on the regular agenda at the request of the Planning Commission or the applicant um and we have the standing approval of the minutes for the meeting on January 27th 2025 is there any member of the Planning Commission that like the items removed a member of the public hearing none I will entertain a motion on this make that motion I'll second we have a motion by commission Holmes and a second by commissioner bonmi all those in favor I opposed motion carries six zero okay um moving on to the regular agenda we have the evergy emerald substation and Garder substation number four rezoning um from rur County Rural residential to AP planned agricultural prelim preliminary development plan final development plan and two conditional use permits for utility major and utility minor this is a public hearing item and I'd like Al also to announce that due to my previous involvement with um both the city's project and my current employment with evergy I will be recusing myself from this item so I'm going to turn it over to the vice chair

if You' like we can just want to point out that there will be four separate motions that you will all be making one for the resoning orinary development plan one for the final development plan and then one for each of the conditional use permits so as we wrap this up don't forget that there will be four separate motions for you all to consider after the public hearing if you'd like we have both applicants the city coiner electric and evergy here to make a presentation and we are going to have the applicant speak first with the city presentation for them staff report be second okay so I would like to invite uh the garden electric team to come into a presentation good evening uh Vice chairman Commissioners so i' like to give uh some background on how this project came about uh in 2019 19 early early 2019 the city began annexation along 199 Street later they Annex several properties along Clare Road so we had a need to look look for a new substation to provide Power to this uh potential uh developments so the goal was to provide safe reliable electricity to residential commercial Industrial Development southeast of the City by adding a 161 KV substation with a 261 KB fats from the

Grid in uh 2022 the city retain olon for a site location land acquisition and preliminary design for the substation the project was executed two faces Side location and then the preliminary design phase one the site location was completed on July 29th 2020 based on the substation citing report the city purchased 10.8 acres of land for the new substation um then the city authorized also to proceed with phase two the preliminary design that was completed September 19 19th 2023 so you will see in the slide the uh the location for the new substation the used to the name was substation 4 which is uh along uh clar Road and that was the original side layout which was only gner then uh in November 11 2023 the city awarded Olsen the final design uh equipment Construction specification beat review and recommendations in project management during the initial conversation with evergy for the interconnection point uh everg Express an interest in building their own substation next to us on July on June 3rd 2024 the C signed a memorandum of of agreement with e to construct an interconnection facility for substation 4 and the sale of 214 square feet to ever for a future substation so that's the reason ever is here

today uh construction of both facilities will begin fall of 2025 so that's the background on the substation construction any questions oh sorry so this is the revised side layout you will see the Garner substation and also on the right hand side you have the everg substation now any questions I I have a a question Vice chair real quick um could we go back to that last slide that post thanks okay this was just a different not a different hadn't seen this depiction yet so curious just to take a look at that and then point of a clarification Point You' indicated that part of the need for this um additional substation I believe I think I think you said specific maybe to Gardener ever I don't I don't know um but I picked up on you said there was land acquisition done on 199th and then also some done on clear road so it's looking to serve that portion of town that I think you said I forgot to put at that map but it's supposed to be a CLA Road in 199th it's almost like a triangle so the purpose of the substation is to feed the future developments on that area the future Development Area okay great thank you those are the questions I have now good no no questions thank you all right now I invite everg come forward please evening Commissioners Jessica te with evergy 818 South Kansas Avenue Topeka Kansas and gon did a great job of

explaining the project I'll explain kind of the the evergy side of it as well and kind of hopefully bring the two together um I don't know how to do I do it there you go um so like gonz mentioned um we're working with the city of Garder to to build the proposed Emerald substation on the east side of clar road South 175th street it's going to tie into our existing trans infrastructure near the proposed site and will help the city um of gardener Supply electricity electricity to its customers so we have to have separate connections um into the gardener substation so we have to have our lines and then they have to connect to Gardener um this proposed substation will be located immediately east of um Gardener's proposed substation this just so shows the entire site that was already shown and then our the blue box is um where our our site would be um we're working with the city to facilitate rezoning um we'll be accessing it from an entrance off of clear Road will um uh improve that entrance off of there and I'll have some images of that as well there will be a um 150 foot uh internal Communications Tower in the substation site um I'll show you a location of that in another slide as well it's it's a monopole I have an example of what it looks like and it's for Communications in between our our transmission lines and our substation it's for internal Communications so this just kind of shows the site and um the the blue dot is where the communications Tower is the the green is Gardener substation the access road coming in in yellow and then our our site in U in blue you know we we typically we choose sites and we go out and we select them based on you know several characteristics of the property this one meets them all but it was already um one that the city of Garder

had so yes we consider all those factors the size of the property location if it's buildable if it's in a flood plane um it met all those but it also was the cities as current property so area around it primary La um agricultural residential um Landscaping operation to the Northeast and then the nearest Residence is 0.1 mile from the substation fence line and that's the residents north um of the site everg did help h a neighborhood meeting um on March 12th we uh sent letters out to everybody within a th000 feet of the substation property to present the participate in the meeting evergy and the City of Gardner were there um and available to explain the project and to answer any questions they had and solicit feedback from the community predominant questions and issues raised um included the security of the substation um they wanted to make sure that during construction that the site would be secure and then obviously obiously after construction as well to ensure the children in the neighborhoods are safe and the entire site's fenced and it'll be fenced while we're working in there to to keep the site safe and we'll keep it SEC secure the Aesthetics of the substation including U preserving the tree buffer along cair Road and then planting around the substation itself in a later slide I'll show you the Landscaping plan that we have um for our site and we will maintain the buffer um off of Clare Road and then several residents um current and future residents from the neighborhood Northwest of the substation attended the meeting to express Express frustration that the developer of the neighborhood had not disclosed the potential use for the substation on the city owned property and where the substation would be constructed and then um another and one of the uh participants had mentioned that they thought that maybe there's an eagle nest around there and we went out last week actually with a Avery biologist and then a Consulting

biologist and I'm myself and a couple of my team went out to to verify and no evidence of um bald eagles in that site so we cleared that one too thankfully um just some photos of the area currently there's the on the bottom picture there's the pretty big tree stand from from Clare Road and then the back side is predominantly some cedar trees um in the backside and there's an existing transmission line that runs along the north off of our property but it runs along the north site plan showing the the two locations um ever substation on on the east side and then the gardener one on the west and then the access coming in um from Clare Road it'll be a gravel access with a concrete apron at the at the beginning of it this is the landscape buffer and it also shows the detention Basin that is on the um far west side and there'll be Landscaping along the north side we have to do smaller brushes and native plants because of the transmission line we have to worry about clearances on that and then on on the south side sorry on the east side as well and on the south we have a burm to help um raise the level of the ground up to help buffer that to help the screening on that as well and then we'll plant larger trees along the uh South property line we can there there's not u transmission line infrastructure going on through there so we can plant bigger and and taller trees to that area this is a an example of the communications Tower that's going to actually be inside the substation fence it looks pretty much like a large transmission pole it's it's not the the lattice Tower structures that you that you think of either it's it's just a monopole that's inside it and you'll have lightning mass in the substation that'll look similar to this too and then we went through the golden

factors um further the the property is still um Johnson counting zoning since the annexation so we're going through the the the resoning application um compliance with the proposed development of the city code we're committed to working with the city I think we've um had several meetings already and we're going to continue those meetings same thing with the the additional site specific conditions are necessary to meet the purposes and intent of this code we're working with the city to ensure that we meet the meet the we're in compliance with that code impact on the public realm including the design and functions of the street Scapes and relationships of building and sight elements to the streetcape nearby Property Owners should not be significantly impacted by noise during construction um occurring from the substation construction there's more traffic and there'll be some noise during that that'll be done during um daylight hours and then the substation itself with the tree buffer around it and then our the newer Transformers are significantly quiet quieter than um than the older Transformers so once it's constructed there will be no noise around Community from that especially with the trees and the farther away from you get adequacy of drainage utilities and other public facilities besides electricity we don't require utilities um and then drainage on site you saw from the Basin um will be adequate compatibility the character of the area in terms of the building scale um form and Landscape it's going to improve the reliability of ever's electrical grid and the City of Garder in and Johnson County will be able to restore power more quickly after out of um which will improve Public Health and Welfare compatibility with the area in terms of operating characteristics hours of operation visible audible impacts traffic patterns um like IID mentioned uh just a little bit ago there'll be some temporary impacts during construction of the substation itself um

we'll work at the city if to get any permits we need um especially if we have to do a road closure to bring a transformer in or something like that and then after it's it's constructed it's going to be unmanned except for routine maintenance um and then the application will not prevent development and use of the neighboring property in accordance with the applicable developmental regulations surrounding land is currently predominantly agricultural used um based on similar projects we have not found that Builders and developers who know about the plans of a future substation um in advance they still build on the Lots adjacent to it then long range plans applicable to the site um i' mentioned it's currently predominately agricultural based on similar projects we found that Builders and developers who know the plans basically the same thing they they still build on Lots around it and then um recommendations we have we have engaged with the city to ensure this project satisfy satisfies all the city requirements sorry it's longwinded I'd like to go through those factors though it kind of shows it done some of our homework but if you have any questions I usually have a slide that says questions but I don't but if you have any questions so I'm going to ask the commission am right questions I do have several would you mind bringing yes um so you mentioned there were several residents that that came and it's maybe an unfair question or maybe one that you can't answer was the resident that is directly north of the property at this meeting yes um is was there any reason and I just noticed this uh obviously in the layout is there any reason that the BMS are not on the North side for the property only on the south because of the transmission line on the North side we have to keep clearances so we keep stuff as low as possible on that North

Side okay and so one of the questions I had this is more or less to staff all public hearing is required yes that's not here tonight clearly um that will be at a separate session after follow thank for uh so obviously this is intended for the future residents and and the growth and I can see that the long range plans identify that there's no impact can you explain a little bit about you know how we know that and I'm specifically asking because sure we want more construction more growth with any that be limited uh you know by putting the substation there and again I I see that you clearly say that Builders or developers still build but just in general can you talk briefly about how you go about defining future developments and how you know it might not be impacted do you mean people building up closer to our substation sites of course anywhere in the surrounding areas that's fine um having a substation number one is going to help with the reliability which is what you know the standard we it it definitely helps with the Rel reliability it helps us to provide Power for future growth but we've also had substations in pretty much every location you can think of and people build around them all the time when we have people build right up next to our fence so knowing that one's going to be there very rarely and in in our opinion obviously um has slowed down any growth around the area okay well I have no other questions thank you yeah um quick question the um the landscape plan you had pulled up before I think it was a few back just showing

yeah that that was a great a great picture just to show the depiction of um kind of that that boundary of All Landscape outside the property line of evergy to be designed by others that that helps me to to break out what they uh forested area um I don't know looks did look like I I drove out there the other day and it looked pretty bare like so I wasn't for sure if if if the trees were truly still there and that's a really a question for staff that will will come around to I'll pop this one I'll pop this one back up sorry but that's I mean obviously the tree when when they Le out again it's going to look a lot different I I understand what you're saying too because when I drove by that all the leaves were off of the ones at the front um at the back they're all Cedars so they're going to keep their leaves but they're cedar trees right they're the ones at the front will not these will stay okay yeah okay all right thank you I just have a question about security I noticed in the plans there's to be a a mesh wire fence around for security yes another Power Station I was involved with not and Garder has a almost a loued fence around it to prevent sight through so you can't see the Transformers idea being nobody can shoot at them is that a plan is that for is this a smaller scale substation doesn't need that so we do have different tiers of of U clear of security um we haven't looked into the louvers quite frankly yet around our Transformers we did used to have a normal 2inch chain link fence around our sites we've gone to this tighter mesh because it does um hinder people shooting through it and stuff like that so that's currently for these sites like this that is our security measure is the

tightly woven mesh with the bar wire on top of it okay thank you just have a questions so as far I understand there was a stream in that property right correct so uh is there any you guys it's going to remain natural or what's the impact of this project in that stream yeah the stream is if you can see it's on the um West End where are the I I don't know if I don't know if there's a pointer on this but it's on the west end in this picture um and there's a stream buffer that we're maintaining we're not touching the trees in that area not going to be touching correct perfect and um I'm just curious um is this project is going to improve the I don't know what the term you guys use for the recovery time let's see there was an outage right how long usually take for power to come back is this G improve hous so with improved infrastructure you're going to have improved outage times depending on what the outage is it kind of depends on how long it's going to take so when you have new equipment outages you would presumably are going to be less and and less frequent and that's why upgrading the infrastructure in these situations helps with the outages um just just because it's it is newer but an actual time frame it's hard to say anything else any other question thank you all right um I understand step has a presentation Jesse good evening Commissioners I'll try and

uh make this quick not go over well this will be some duplicate information Gardener electric is requesting the rezoning and Associated preliminary development plan and final development plan on behalf of itself and evergy while both Gardener electric and evergy are requesting two separate conditional use permits for each of their own substations the property is located near the gr development and is mainly wooded the are overhead overhead transmission lines located along the north property line as you can see it is currently zoned County Rural residential and is also surrounded by County Rural residential PR Trace Estates to the Northwest is zoned rp1 planned single family residential the comprehensive plan future land use map has the property labeled as high density residential the proposed plan District would allow for two substations to be constructed everg Emerald substation is proposed to be on 5.24 Acres on the Eastern portion and would be owned and operated by evergy it is considered by our code as a public utility facility major which includes Utility Services of a regional nature such as primary substations to provide the general public with electricity substation number four would be located on the western 5.75 acres and would be owned and operated by Gardner electric it is considered a public utility facility minor which includes Utility Services of a local nature such as substations to provide the local area with electricity and both of these are required to obtain a conditional use permit under the Agri a zoning the front corner quter of the property is proposed to remain in its natural state within this portion of the property there is a stream and the plans

show a 60ft wide stream Corridor buffer along both sides of it the existing vegetative growth will help screen the two substations from Clair Road everg is also proposing a 150t tall monop pole tower for the substation Communications only shown in that red circle on the screen a 25 20 foot wide landscape buffer surrounds the site on the north east and south there are two deviation requests the code standard of the first is that barbed wire is not permitted on per perimeter fencing but the applicant has proposed it along the perimeter of both substations the fencing will be set back 20 ft from the north lot line and the ever ever portion of the South property line it'll be set back further for the gardener portion due to the access drive on the Eastern property line it will be set back approximately 100 10 ft based on the substation operational safety and the large setbacks staff is supportive of this deviation the second deviation request is for a gravel access Drive the code standard is that driveways shall be paved the applicant has submitted a gravel management plan to maintain it in good condition based on the low traffic volumes once the substations are in operation and the landscape buffer depth staff is supportive of this deviation staff finds that within the Land Development code public utility facilities major and minor require a conditional use permit in the a zoning we find that the barbed wire and Gravel Drive do not meet the code and require deviations to be granted and that the project is consistent with various policies in the comprehensive

plan to support future growth as um deputy director Maggie mentioned there are four motions on these items the first is for the rezoning from County rur to AP planned agriculture the Planning Commission makes a recommendation to the governing body for these two items where they will be the the governing body will be the final decision makers staff recommends approval with three conditions condition two requires the property to be platted before construction occurs the second motion is for just the final development plan which the Planning Commission has decision making Authority for staff recommends approval with two conditions the first is so the preliminary and final development plans can both be heard at this meeting without waiting on the governing body approval of the rezoning the third motion needed is to approve the everg emerald substation conditional use permit based on the longlasting need of utility operations staff recommends approval of the conditional use permit without an expiration date and finally the fourth motion needed is for approval of the gardener electric conditional use permit staff also recommends approval without an expiration date for the same reasons and we are available for any questions St I do have questions for staff um so the the first question I have for staff um if you could pull back that um view showing the drive coming in and then the access yeah yeah that one thank you so if I'm reading this right um all access comes into the city of gardener substation how does where where's the access point or are we just are you just

showing me that because this is solely Gardener substation portion so the access Drive you can see there are two gates going to the correct City's portion there is another gate it's kind of hard to see at the very end of the axis drive and then that would go into the AY portion I okay okay I see so at the end of the access road is the gate to um access evergy okay excellent thank you for that clarification then the the next question um regarding the the process of the the rezoning so it's it's the rezoning for the entire parcel with then at some point everg is purchasing a portion of the parcel why are we doing it and what seems to be a cur before the horse fashion so the whole property will be resed as one is what's proposed everg has requested that they get approvals before purchasing the property itself and then that's when platting would occur it would occur separately after this which is why there's that condition that it has to be platted so commissioner Mater I'm I'm going butt in just a little bit so This Is Not Unusual when we have private development situations where we have a developer that's interested in a property they come forward with a development proposal but their contract with the property owner would not necessarily the sale would not be executed until after zoning is acquired that's a pretty iCal scenario with private development most applications on the private side you just don't hear much about it because the developer or their representative their engineer architect come up and represent the project but a lot of times that land sale does not occur until after the fact

so that's that's pretty typical practice because the people who are purchasing the property want to know that they have the approvals before they pay for it right want want to know that that the commissions that are you know overseeing um the interests of the the citizen body as a whole or are seeing and recognizing and having that extra set of eyes of caution over right over proposals right and then if if for whatever reason if something like that were denied it gives that developer the out to go look for a different parcel or to go to a different location okay thank you that that's all I've got for stff right no question all right since uh we don't have any questions I'm going to yeah I'm now open the public hearing um if anyone would like to comment on this item please come forward and state your name and address for public record all right um since we don't have anybody uh is there a motion to close the public hearing I'll make a motion that we close the public hearing second all right so I got a motion to close public hearing made by commissioner met and second by commissioner B SMI all in favor say a i um okay the motion carries 5

z um okay so now we going to have the discussion any questions I don't think it's necessarily a question just a comment that I I struggle with with this rezone and um I struggle with the approving it it just it feels just not not quite right and um after reading the material and doing my due diligence and driving around the site several times I know it's it's the end goal for for Gardener but um when is the end goal really relative so I just I'm I'm having a hard time with just a fullon approval of the reason that's my conversation commission no I I understand what you're saying I but I agree with the point that if this is known ahead of time developers have less and homeowners have less issues with buying um electricity Supply is something that we desperately need and it's only going to grow I know that there's in the city council meeting they had plans to buy property or energy from different places but I don't think that this is ever going to go down so to me this is a a way to get ahead of that and get this done than wait for a point where we have to do something right away because we don't have the energy for the city so I I understand what you're saying but I think this is a necessary process to go through and and substation to build okay that's I I actually

appreciate the points and it's can we can we talk more about it absolutely we've got all the time because I I would I would actually like maybe a bit more detail because you've always been wonderful and articulate in in these types of scenarios uh what what is the uncomfortable you know that's that's a really good question it's um are we putting the um citizens at a risk of not having enough electrical capacity at this very moment by not um giving approval to everg to begin their building we've already accounted for and planned for the Garder substation on this land it's it's proven there by the um our comp plan which is what guides us as Commissioners so it's there it's not that it's unseen unknown or unexpected I think the the way that evergy is adding in into the mix is my question and concern because I'm not really getting a feeling that evergy is fully benefiting the citizens of gardener because I'm hearing transmission lines are running North so to me that's the bulk of um energy is Ser serving North and I'm not an engineer transmission expert by any means it's just city of gardeners already said hey yeah we know we're building a substation number four here um and I'm just I I get that that's needed it's there definitely we want to resum for that but what what are we opening the door to with the evergy portion I'm just not fully on board with understand I hope that helps my clarity because I'm I don't always speak the clearest I talk too much oh you sorry great that's what I asked so thank

you anybody else so this may or may not mean anything or it may need to staff versus this the discussion are there other nony Alternatives that that we feel should have should have been part of this and or were they already part within any bid process so so what I'm going to suggest here is maybe we have the ever team and maybe even Gans with Gardner talk about the relationship of the two sub divisions and also or subdivisions sorry about that substations thinking about residential development um the two substations as well as the transission lines that are existing there today how that serves not just Gardener but that immediate area around there as well so it may be good for both applicants to kind of speak to that relationship and what I'm hearing from you Mary maters trying to understand how these two substations may work together how they're taking advant AG of that transmission line um and why this this location works for both elements so I don't know who wants to go that would be super helpful that's where I'm I'm having a hard time bringing it together thank you so on the city portion uh we're actually tapping into averages transmission line so that requires a interconnection point that interconnection Point has to be done by evergy so we don't have any other option but go with evergy on that aspect so we cannot go and request different provider because that line is evergy so we have to stay with evergy for the inter connection so that because

that's the the choice the option there so like and that's very similar to The Moonlight substation on Moonlight MH so we have the lines from Avery going through their substation then then into Garner Moonlight substation correct that helps that's re thank you g that was what I needed to help put the picture together at least for me so nothing from us I don't think so that that helps me understand the gardener perspective tie in and that's really what I was looking for okay is the only option yes sir at that location if I can clarify one thing with everg the line that runs on the North Edge is also going to be the line that feeds the two substations correct I have a question and maybe this is more of a garden first kind of question but are there other substations that we Gardener get power from that may not be in our area and this is actually let me let me ask that a different way so as I understand this is going to serve the North is that only Gardener residence so you're talking about the gardener substation of the correct I'm so sorry yes what we're what we're talking about here today and uniquely the Garner substation so the Garner is going to serve any developments southeast of I35 South of gr or Prairie Trace okay there's a lot of uh property that was annexed over the past couple of years correct so we'll be serving those properties got it and the ever portion will serve something else correct with the lines that tie into the gardener substation though will take our transmission into Gardener

substation which will in turn Feed The Gardener residence that gon was talking about commissioner Colmes both both utilities have service areas associated with them that they have to cover overall this geographic location allows evergy and Gardener to basically accomplish two strategic things right serve for the future growth in the city of Garder that is southeast of I35 as G was talking about but that power comes through ever also evergy will have customers I'm sure that will be fed power in and around that area as well because our service area is really what is within the city limits of gar okay so as annexations occur as things happen that service area becomes somewhat Dynamic and the two utilities work together to adjust or petition or service area as annexations occur so the interconnection of the two facilities themselves become pretty critical to sporting growth because that growth could go further east than what is currently proposed in Clare Road if can go further south there's a number of different things that can happen there but the intent is to serve all customers in that area with both of these substations and and I may have missed this earlier but obviously there's going to be a purchase of of the land is there timing involved that I might have missed or overlooked somewhere there is a agreement being reviewed by evergy they have a standard U uh purchasing agreement so they s send that to us we reviewed the uh the agreement we also uh the see attorney provide comments and right now is under ever's

review sorry I don't I don't understand so in order to is there timing that is just undefined at this point acquisition yes sir we're supposed to start construction fall 2025 so the purchase will occur before then before then I say doing the summary not earlier so we'll we'll purchase the property after the C after the cup is obtained and we have all the the approvals and then we'll do the purchase of the property break ground fall of this year comments all right thank you thank you thank you you there's no other discussion ready for the Motions okay I'm sorry I have to I have to go on record it so as the Planning Commission we are making decisions I'll I'll say that really uh drive off the The Golden Rule I'm very very familiar with that the Aesthetics of the Land Community but things like purchase agreements or you know potential revenue streams or whatever they may be are are have been in the past uh we've been asked to not use that in our decision making process but only focus on the Aesthetics of what or within the guidelines that we as the Planning Commission are are defined why is this

different not not once was there an a no or a response that says that's not something you should focus on you should focusing on or you should be focusing on the guidelines of what you approve as the commission not service agreements not the det details of those service agreements and we just got those in this instance but two months ago when we were talking about other topics that was not the case so so we're walking a very fine line I'm confused yeah so we're walking a very fine line because this is a public project at the end of the day so there's that transparency element to it also as people view this meeting and as they look at it is feeding into the city council in that so that's kind of why I didn't stop you at that point I kind of sat back and said if they're willing to answer that question we'll allow it to go through and again mainly because this is a very public project and so there's a transparency element to that there were discussions there there are other discussions that have been had at the governing body level already regarding power provision and different things that people can go look that up and and see those discussions so even as you were asking questions or the commission was asking questions about other provision or where power could come from there's actually a mixture of various purchase agreements that are involved with how do we get our power not everything that we get and I think Gans can confirm this but not all energy that comes into the city of Gardner comes from evergy per se there are other providers that we have agreements with as well so that's kind of why we kind of I stop I didn't stop you guys because I do believe there's a transparency element because this is a public project um and there's a willingness by the

utilities director to convey that information out to the public as well I I know it's different but it's it's it's a different standard now the the discernment piece really is is that even though that information has been provided that is not necessarily A guiding element to your recommendations and your decision making okay you are to look at this more from the and use perspective the development perspective um those kinds of pieces there as as we're outlining the golden rules or in our criteria I I I appreciate that David and certainly I have the UT respect for for staff um but I I feel like everything we do is is for the public and should certainly live in the eye of transparency uh so I I'll I'll leave it there thank you very much all right um I entertain a motion Magie do you want to give a little more guidance on the let's so it's organized what the first recommendation is and what that's about and then um they can formulate their motion from that I do want to point out for you all something different in your packets this time around around on the first few pages we've added some information about some of the Motions you know so like if you're getting ready to make a motion it's more generic framework but you can simply just put in the staff recommendation or as you see fit there um but it makes the Motions a little bit more organized than what we were doing before so question each one has to be made individually understand that ear yeah and that's why I think may you can outline what the first ele of this is and then we go through all four of them

that way so the first one relates to the rezoning from the Count's rural residential to our planned Agricultural and part of being a planned zoning District we have the associated preliminary development plan so your first motion would relate to those two items and staff is recommending three conditions of approval as outlined on the screen we request part of your motion you obviously have a variety of options you can recommend approval as we as staff has recommended you could modify that recommendation including the conditions you could recommend a denial or you could recommend tbling this item to a future date and time before uh we do that I just want to thank the staff for adding all this uh new uh you know information to the package uh when I received my package last week it was kind of nice to go through and and see all the criterias and all the information that it's uh the package today so I appreciate staff for doing that so um I today on motion to approve I can make that motion okay go ahead I'll make the motion that uh the Planning Commission recommends approval of the rezoning and Associated preliminary development plan as proposed for the 10.83 Acres from rural rur County Rural residential district to AP planed agricultural district with the associated preliminary development plan subject to the three following conditions as presented in the staff report second all right motion

all in favor say I I I all your favor say n all right motion passes 5 Z made by met and B the second recommendation that we have for you relates to the final development plan and that includes two conditions one obviously relates to the recommendation that we just have granted relative to the rezoning and PR a development plan and then the other one relates to the property being planted prior to any construction related permits I'll make that motion staff recommends approval of the final development plan provided the following conditions are met as listed items one and two in the staff report second all in favor say a i i all in favor say n motion passes by zero made by Comber the next recommendation that we have from staff relates to the additional use permit for the evergy substation and that is the public utility facility major for the 5.2 Acres located on the Eastern portion of the property and we do not have any conditions relate that relate to that approval I'll make that motion I'll second the motion are you

going I'm uh staff recommends approval of a conditional use permit for a public utility facility major electric substation for the Eastern 5.24 Acres located at 17955 CLA road with no expiration date I'll second that motion Vice chair before we make a take a vote on that motion can I just in I guess within the motion or within what commissioner comb just laid out um he didn't call out specifically and this will be for staff and our our legal team um there are some specific following plantings called out like a tree per 30 linear feet an evergreen per there's certain bullets called out and it says with the exception of the deviations is requested above within the staff report are are those deviations or is that part of the conditional use permit it it was we pointed out that requirement because there were specific buffer requirements for the major versus minor utility facility and so we wanted you to be aware of the requirements they are not requesting a deviation so it's more for your information okay okay thank you I I was just just getting a little confused by some of the the verbiage and the staff report so okay I don't have any other questions in the motion thank you thank you all in favor say I I all in favor say nine all right the motion carries 5 Z made by Coles and B would be the last one right now yes the last one is for the gardener

conditional use permit this is a public utility facility minor and this is for the Western portion again with no expiration I'll make that motion staff recommends approval of a conditional use permit for a public utility facility minor electric substation for the Western 5.75 Acres located at 17955 CLA road with no expiration second that all in favor say I I I favor say n all right the motion carries 5 and Mr chair before we before we move forward with this I just mainly for the applicants present so the resoning and Associated preliminary development plan as well as the conditional use permits they'll go before for the governing body on April 24th Monday April 24th I believe no sorry about that give me a second here is that it's the thir Monday April 21st April 21st thank you very much so they'll go before the governing body on April 21st at 700 p.m. in these Chambers the final development plan will depending on what the Govern body does will either be approved by you already or will just fail at that point if it's denied by the by the governing body thank you

okay we'll move on to the uh second item uh this is Fairfield phase one prelim preliminary plat final development plan and final plat uh item number 25-34 D1 uh do we have a staff presentation or or appc not sure where Bob ducked out said he was go get you but obviously oh he did and then he left here he comes now they ready for your St sorry about that good evening and uh welcome back Austin this is uh item two Fairfield phase one final development plan and final plat and I should have also had a uh py plat on here as well uh this uh phase uh property includes 13.6 acres of land located on the south side of 183rd Street approximately 2,000 ft west of Gardner Road uh this property was part of an annexation back in 2002 uh per ordinance 2010 it was reson that same year from a to R1 single family residential uh and again while this uh property went through a py plat process the last time you guys saw this it never

followed through with the with the final plat and therefore the original PL plat had expired so that's why they're up for you again today for the preliminary uh the resoning was approved by the governing body back on May 1st of 2023 through the passage of ordinance 2764 along with the associated preliminary development plan and preliminary plat the original again the original preliminary app passed back in 23 but since expired uh these applications before you today are for the first phase of the of this development uh this is a uh basically a picture of the pmer plat pmer pla consists of 19 lots and two tracks situated on 13.6 Acres a condition of approval from the original approved 2023 plan and plat stated that no further development can occur without the extension of secondary access to either Gardner Road or 188 Street and we are going to go ahead and recommend that this be continued as a condition if these applications are approved tonight the final development plan consists of 19 housing units uh consisting of 18 single family Lots one multif family lot sorry that should have said 19 Lots uh consisting of 18 single family lots and one multifam lot and two tracks on 13.6 Acres uh the town home which is on lot 20 will consists of 69 units there is only one point of access into the subdivision off 183rd Street uh additional access uh access points will be uh constructed in future phases because this development is part of a larger plan development most of the

infrastructure was designed and constructed in the past all excuse me all utilities are located either within or adjacent to the site this side kind of shows the elevations that the developers are planning on utilizing on the single family detached side which is basically on the the east side of popper uh the town homes are are following us another plan that uh they have constructed elsewhere in Johnson County uh those will be accessed off of popper on the west side of the road and access off of like private Drive private shared drives staff findings that uh this uh development provokes infill residential development within an complete subdivision provides a range of housing options and provides a transition from the adjacent Industrial Development to the west and the single family to the east they're looking at uh basically four different deviations uh three of the deviations are based on the front designed for neighborhood yard uh the hard Hardscape allocation and the sidewalk uh connection as well as the uh access width limits uh the last uh the fourth deviation is going to be uh the garage limits uh where uh 25% of the uh facade if front loaded uh up to

45% if set back from the front billing line so the uh first uh deviation for basically a two-car garage driveway the amount of Hardscape uh according to them will be held to a minimum uh we basically said this is a request is very similar to other deviations that have been requested for this type of Frontage design uh we've actually requested that they provide additional link Landscaping within the front as a uh above and beyond uh if they ask for deviation we're always looking for something in return we're asking for an enhanced landscape uh same thing with the 4ft sidewalk uh usually these types of uh neighborhood yards require a uh sidewalk leading down to the to the Street sidewalk from the front entrance way uh we have allowed for an access to the to the House's driveway off the front interest feature and that deviation has been granted quite a bit here in the city the third one with the neighborhood yard was the access width limits uh any a lot of the developers will tell you that they cannot sell a house with a single car drive uh the the market just won't accept it that's why you see a lot of two-car Drive uh driveways and garages uh the unfortunate thing is as the Lots get smaller uh you get a lot more Concrete in the front again uh we're wanting some enhanced Landscaping to kind of uh kind of add an enhancement to that

front yard instead of having a sea of concrete again the last one with the garage limits uh we've had another development here in town that has asked for that in the past and uh what we like to see is some design embellishments on the house Frontage uh not limited to window garages or enhanced Landscaping like we've required for the first three or other front uh facade design elements added to these these structures uh and we'll work with the developer when they bring in the plot plans so we can address all these deviation staff findings on the pay plat the plat is compliance with the Land Development code all utilities are available to the site and only minor changes have been made since the pay plat was approved back in 19 in 2023 the staff findings on the final development plan plan is in substantial compliance with the approved PL development plan the final plat is in substantial compliance with the plary plat as shown today all utilities again are available to the site and final plat for fill phase one is proposed to be constructed in a single phase allow for the orderly expansion of development to the South and the I believe the developer is here so I'll be available for any questions as we he thank you Bob uh developers present You' like to have a presentation or or comments please state your name and address Doug bigh on behalf of the development team uh Mr chair and the rest of the commission I don't really have a

presentation I just have an appreciation of the process uh we've been here several times a few well a year and three or four months months ago and uh have gone through uh several uh Communications with staff and as far as I know we have met and agreed to all of the recommendations for this project and our desire is to build a project that enhances the community that creates the availability of Workforce or affordable housing um for our community of gardener and so we're here to ask for your support and look forward to developing this attractive ground soon thank you and I'll take any questions that you might have thank you um we can start with commissioner discussion we'll start on my right M Bar no n related several months but condolences to your late brother he was had a lot of great impact to be was a great man so uh other than that no um I just said um clarification staff it is it 18 Lots or or 19 it shows sometimes shows 19 sometimes shows 18 I know that shows that the number single lot have been reduced so the final number is 18 on the single family it's 18 single family and one lot that would be the town home development so a total of 19 Lots two different types if

you I have another question as far as deviations you know been in the commission for now we always see are we I don't know if you can compare ourselves to other cities how leaning we are towards deviations because I see that you know we we see that we try to accommodate you know developers and I was just wondering how is it come up practice to so so what we do in general there's there's two functions here and one of these we already know the staff is going to be coming to the planing commission probably in coming months I don't know exactly when um but what's really been driving deviations and deviation requests here in Garder at this point in time are the smaller lot sizes that may the developers are going to which is the 50 foot wide 60 to 50 foot wide or 50 to 60 foot wide uh lot sizes we have a series of design requirements and things that go along with those Siz Lots um and what we're finding through the pattern of requests is that there's three or four that come up almost every time right okay and so there are ways to mitigate I think what the code was asking for or looking for design guidelines so I'm anticipating that we're going to probably be doing some code changes to kind of adjust or we not granting as many deviations but what this has allowed us to do over the last gosh probably last two years Mr Mater I think is when we started really seeing these smaller 50 foot Lots is in the last two years and what has allowed us to do is start opening up conversations

with developers about changes that can be made to their elevations and what we could do also in some of our code requirements to create this situation where primarily it's about the two-car garage on the front elevation and so we have been figuring out out we've had about three or four different developers and I've had at least two or three other development inquiries from Regional and National type developers asking about those guidelines and in talking with their teams um we have found that there are some things that we can address that still get the quality that we want in those front elevations and in those front yards so that's why we've been a little bit more lenient with these deviations at this point um but it does also have to do with things like enhancing the front entryway enhancing maybe a porch adding Landscaping to mitigate kind of that concrete element um and and what we're finding is we're getting good responses on some of the front front entryways in particular where we instead of putting those entryways way in the back of a house not in the back but in the back of the elevation with the garage sticking way out like we have on a couple developments now we're getting some better designs where the front entry is being pulled closer and the garage is being taken back further and so that's that makes a huge difference in this and so as we're getting those kinds of elevation adjustments we just have not had time to change the code yet so we've been more accommodating of the deviation requests as long as they've been working with us on those kinds of elements that's a that's a long- winded explanation but it's connected to several different activities so thank you thank and I let Bob speak the one of the house designs

so and sorry and in particular uh we were appreciative actually they had one of their designs uh one of their houses that they're proposing on constructing uh they actually redesigned it and brought the front entrance way a little closer to the front building line of the house uh which has been a little bit of a challenge in the past but because a lot of times these smaller Lots single family they have a cookie cutter uh plan that they bring into town uh it's kind of a pleasant surprise to actually have a developer say yeah we'll redesign it and bring it a little forward so they actually did it on this one thank you thank you for the background just a couple of clarifications um I I will have to second I've seen that reverse design and it looks really cool um I'm happy to see that being explored changes the look um so just just tell me where did the piece of land go that we've reduced we reduced lot a lot by one from 19 to 18 where' It Go there was another lot on the very south end of popper that uh kind of wrapped around the corner but we we picked a line back when we got our approval that um took the unit count which took the travel the the trip count down to a a comfortable number for uh you all and so to to get there it was removing front doors removing the dity yeah okay um so I understand the plots

expired but remains generally the same um in looking at the the Lots what are tracked rw1 rw2 rw3 and rw4 Jesse can you put the plat up I mean it's like they're pretty good siiz chunks one's three acres one's like I'd say it's the cestac is could that be it I and and I'm just being super literal when I'm looking at RW would stand for right away okay all right thank okay that helps yeah so commissioner Mater just to help explain that for everybody at one time way back when this was in front of us right as the prary development when there were roads that were coming through and that those are getting told to sa so they're terminating and will not attach to pop okay so that was part of the discussions with the neighbors and everything that went on yeah I wasn't on at that time but I do recall coming back on right after it been seen and I remember the discussion and this is such a better layout and I I I fully I I think this is great um so just I just wanted to clarify that and then my last question um it refers to the the fire truck turning map um sheet number four so I can see the fire truck can make all the turns within the culde saxs um when it comes down popular is am I looking at it that it cannot make that cldc turn so it just backs right out it's like an in and out motion no as a south end of popler next to the uh drainage uh retention area there will be a temporary turnaround for the fire trucks got it okay those answer

my questions thank you thank you I have I have one more question for you too op Street for me or for staff I think it's I'm not sure okay I'll stay right here okay the paper says that development should be access 183rd in popler poer Street will extend Southward through the subject property but it STS this out and you just said there's going to be a temporary turnaround at the end of Po at the yes a temporary turnaround for fire trucks okay past the it's actually past the residential okay development so then is the future plan to extend popular further south eventually yes to extend it south and then uh I don't know the name of the street or what the number is but I think probably one to the east to tie into Garden Road okay okay thank you so we're we're we're kind of hamstrung unless we want to bite the bullet and pay for the entire street through somebody else's property which we may if if we find that that this program is really and meeting the needs which we feel it will maybe we'll just want to go ahead and get the city to endorse uh that with us paying for it but at this time we're not prepared to do that okay so all right thank you okay also commissioner Berg uh one of the uh conditions of approval is that this development will not uh extend any further unless there is a connection to

either Garden Road or 188th Street we basically have said this is the furthest extent the development that you guys can obtain with just one access point into it so again that's uh one of the conditions of approval so then would popular be the intended connection down to 188 uh [Music] pop sorry uh popular popler would either extend down popper is considered a uh a collector popper will either extend all the way down to 188 Street or maybe a branch off of popler will extend over to the east to connect up with Garden Road okay all right thank you um I just had a quick question for staff um we going to have two motions on this one for the preliminary plat and then we have to do another one for the final development and the final plat okay I see nodding heads okay um I don't have any more questions I had the same question as commissioner maer about where did the where did that extra lot go but that that makes sense thank you for the explanation on that um and then yeah excited to hear we'll have some updates to the code so we can hopefully see fewer of these deviation requests you know just yeah just get it updated so I'm glad you brought brought up the deviation request because there really should be a third uh condition of approval on the prelate plat actually on the final development plan basically accepting the deviations as requested okay so it' be items one through six and then adding on a seventh one of deviations recommended in the staff report that is correct okay all

right so we'll do that on the second motion um I guess there's no further discussion on the preliminary plat I will entertain a motion on that I'll make that motion prelim EXC preliminary PL staff recommends approve to approve excuse me the preliminary PL following conditions I'm just gonna read you say I have uh them all yeah I'm sorry we're gonna all right I'm going start it uh we approve the preliminary plat with the following conditions as listed in items one and two in the staff report second all right have a motion by commissioner comes and a second by commissioner Sosa all in favor say I I opposed exensions motion carries six to zero okay moving on to the um final development plan and final plat this was the one where we need to add the item about the uh deviations I can make that motion the Planning Commission approves the final development plan and final PL as proposed and recommends the governing body accept the dedication of ride of way and easements shown on the final plat provided the following conditions are met items 1 through six as presented in the staff report along with an additional item number seven the deviations that are recommended in the staff report second motion by commissioner morer with a second by commissioner bur all in

favor I opposed extensions motion carries 6 to zero moving on item number three uh Prairie Trace States fourth plat uh or fourth phase final plat and final development plan staff presentation not yet good evening the applicant is requesting approval of the final development plan and final plat for the fourth phase of pray Trace Estates it is part of the 356 lot prey Trace development which is located south of 175th Street and East of I35 the property was annexed into the city in 2019 and the resoning for prair Trace Estates was adopted by the governing body at its April 20th 2020 meeting it was slightly revised in December of 2023 the items before you tonight are for a 43 subdivision with three tracks on 13.7 Acres the portion of the Estates for approval tonight is shown in red this is from the final final development plan the building type for the Estates is for 70 foot wide lot residential Suburban Lots infrastructure will be extended from the surrounding phases Gardener Services the electric and sanitary sewer while water one provides the water the final plat is in substantial compliance with the preliminary plat tract L which runs along the north portion of the plat will contain a portion of a walking trail that will continue through the development towards pre Trace Meadows fifth plat towards the West while tract K to the South will also contain a

walking trail tract m in the center of the ctoa will be owned and maintained by the homeowners association the building elevation shown are to be representative of the houses that will be built in the phase the development was granted several deviations as part of the preliminary approval to allow for houses with two-car garages and there are two additional deviation requests for this phase that pertain to Landscaping the first is for there to be no Frontage trees this deviation was not requested with the revised preliminary development plan because staff had questions about the overall land escaping amount each lot has granting this deviation will keep the phase consistent with the earlier phases and staff recommends approval of this deviation the second deviation is for no shrubs in the open areas there will still be the usual sh requirements for the houses themselves the open areas on this project are preserved natural areas and will have grasses instead of shrubs granting this deviation will also keep this phase consistent with the earlier phases of prie Trace Estates and staff recommends approval of this requested deviation as well staff finds the final development plan and plat are generally in compliance with the revised preliminary development plan and plat the project is consistent with the various policies in the comprehensive plan and it is within one mile of new centry airport and so requires County review and approval staff recommends approval of the final development plan and recommends the governing body accept the dedication of the rightaway and easements as shown on the final plat with two conditions thank you um if is the applicant present and if so do you have a presentation or any comments you'd like to

make good evening Commissioners uh Nick Augustine with Schlagel and Associates the civil engineer on this project 1492 0 West 107th Street in Lanexa Kansas um no presentation uh just like to say it's nice working in Gardner and we appreciate doing the work down here and I'll take any questions that you guys might have um we'll start on my my left this time right now I don't have any any questions no questions here commissioner no questions thank you no no question no question all right I'll ask a question then um so just just just make clear just make clear with the the deviation about the trees there's still going to be trees on between like the sidewalk in the street this deviation is for requirements for planting trees in the front yard then front of a house and is that my understanding that correct that one uh Dan Foster with Lego also the landscape architect yes that's correct there will still be Street trees requ as required this is for the yard trees um and then also for the shrubs that are in the along the trail because those are native areas so that's the two deviations thank you that's all I got open to a motion if someone would like to make one make that motion Planning Commission approves the final development plan final PL as proposed including the two deviations presented in the staff report and recommend the governing body accept um I believe that's a Miss except

the Deb dedication does that mean okay I just want to make sure that all right I'm going to start over planning command Miss approves the final development plan and final plat as proposed including the two deviations presented in the staff report and recommend the governing body accept the dedication of RightWay and easement as shown on the final plat provided the following conditions are met items one and two as listed in the staff report second that motion by commissioner and a second by commissioner vonish all those in favor I I oppos motion carries 6 to zero so before we go to the next item I'll help clarify this for commissioner Colmes too so just to understand you are the approval body for the final development plan and for the final plat but the final plat what happens is is the right of ways and the easements that are intended for public use like the radue right ways and everything the dedication of that which is in the plat be accepted by the governing body so they're not technically approving the plat you have done that but they still have to go ahead and accept those dedications that's part of their obligation absolutely and and thank you for that this was uh me looking at that thinking it was deviation oh okay right after deviation I was sure because sometimes it is sometimes it gets confusing between a final plan and final PL that that was uh the Indian not the Arab okay don't worry we got another one coming up repeat and restart plenty of practice all right uh item number four Prairie Trace Meadows fifth uh phase final plat and final development plan Deja V yep I'll uh keep it a bit more brief because a lot of it is very

similar the applicant is requesting approval of the final development plan and final plat for the fifth phase of pray Trace Meadows to the east is Prairie Trace estate's fourth plat that you just approved and to the north is prair Trace Meadows fourth plat this is one of the larger phases of the development and consists of 52 single family houses on 20.9 6 Acres this is the final development plan the building type is for 50ft wide lot residential neighborhood lots a trail included to the north along is included to the north along new trails Parkway and another Trail extends from prair Trace Estates fourth plat from the East there are seven open space tracks and they consist of three for the stream Corridor one the one to the South includes a kcpnl easement there are two for landscape islands in the culdesac and a sidewalk easement the sidewalk easement provides for the continuation of a trail throughout this the development here are the building elevations from an earlier phase and a representative of what will be built here um there are two deviation requests and they're the same as the ones you just heard staff is supportive of both and uh staff finds the final development plan and plat are generally in compliance with the revised preliminary development plan and plat the project is consistent with the various policies and the comprehensive plan and this is also within that one M radius of news Century Air report staff recommends approval of the final development plan and recommends the governing body accept the dedication of rightaway in easements as shown on the final plat with the same two

conditions thank you I'll make that motion once here we go Planning Commission approves the final development plan and final plat as proposed including the two deviations presented in the staff report and recommend the governing body accept dedication right away and easements as shown on the final plat provided the following conditions are met items one and two as listed in the staff report I'll second that all right a perfect motion by commissioner comes and a second by commissioner voners all those in favor I opposed extensions motion carries 6 to Z right moving on item number five new trails north third phase final plant well we might as well stick in the same neighborhood uh except this is the commercial side again this is item five the new trellis North Third plat final plat property is part of a larger development project that includes of course single family family multif family housing and uh as in this area the commercial side uh property was uh addex back in 2019 then rezoned to C3 General commercial in 2020 again the uh the pmer plat original PL plat as part of this uh development is outlined in green and uh was pled back in uh February of 2022 it is approximately 18 Acres this final plat includes two lots and One Track and is appro approximately 6.8

Acres again here's a little bit better view of it and its relationship to I35 and also 175th Street and again this is the again the final plat that shows lot seven and8 as divided by the uh a fairly substantial size gas pipeline that runs diagonally through the middle of it and as you can also see track C uh on the Southeast side is a detention Basin uh staff findings that uh this complies with all the requirements of the Land Development code the design and layout are substantial compliance with the approved plary plat the application does not deter any existing or future development on adjacent properties from meaning goals and policies of the comprehensive plan and the design does not impede the construction or anticipated future public infrastructure within the area and staff recommendation if there's any questions I'm here as is the developers engineer I'll move to just Comm commission just discuss does anybody have any questions for staff or for the applicant I I do unless we're going around Robin style I don't want to jump on go for okay um so question Bob you you made a comment and I didn't see it clear in the report staff report oh here it is so along the frontage of new trails circle is the the 5 foot sidewalk construction of new trails Circle

so even though it's not it's not on thank you so is the Assumption then that new new Trail Circle going to circle the whole thing for the sidewalk or or is it just an addition to what what will be seen as this progresses actually that actually this shows a little bit better than yeah new trails circle is actually already existing okay uh there's also as part of that there's uh sidewalk ramps that have been constructed in and around the site so for the ex extension of these wind development occurs on these two lots great great that that helps tremendously thank you for clarification on that one um and then also question on the track C and the private um drainage basin is that normal do we typically have like tracks dedicated to private I mean I'm reading it as like private track C shall be dedicated as a private drainage drainage easement private drainage easement what's that yeah atypical atypical most of your retention basins are located in a tract on a Subdivision plat basically uh designates that area in case if we have to go in and do repairs on it it's set aside it's not on the lot number eight uh but atypical all private detention basins or all detention basins are usually located within a track on on these subdivision plants so if it's if it's a private detention Basin it's private why would the city of gardener have anything to do with it typically

wouldn't that be dedicated back to the city of Garder so they could have access and help out yeah atypical we do not maintain these retention or detention basins okay those are uh the responsibility of the land owners that are utilizing that uh that area for their storm water management uh if it were to uh uh act as a detention basin for the rideway then we may have we may have uh some responsibility to maintain it the other thing too is that if the if the existing owners fail to maintain that Basin then we can go in there and do something and maybe impose a hold them accountable or hold them accountable okay okay that that just helps it it just been been a minute and forgive me I'm Monday tired so Mr Mayor ask so Dan maybe you know the answer questions right off that track that will serve both of the Lots is that the intent or is that do you know off serve both no so it's just so just would serve lot eight correct so the reason I asked that question is as Bob explained already there are times when the detention facilities are serving multiple lots and that way um the lots are served don't have to provide their detention on site so in this case if this is only serving the one lot the other lot would have to do detention when they develop it that would be part of the site review okay cool thank you I think maybe that's what's throwing me off of seen it in this manner and I think that's why I had the question so okay thank you for the clarity I'm good

is there any other commissioner discussion or questions so I will entertain a motion I can make that motion the Planning Commission approves the final plat as proposed and recommended by the governing and recommends that the governing body except the dedication of RightWay and easements as shown on the final plat provided the following condition are met items 1 through three of the staff report second motion by commissioner Mater and a second by commissioner bird all in favor I opposed extensions motion carries 6 to zero all right that is the end of our regular agenda uh staff are there any updates or discussion items we need to talk about I'm just going to bring up a couple things I already noted um code changes those kinds of elements just to understand that is secondary in our priority list we try to get these case loads out as fast as we can I just wanted you to be aware we are looking at parts of the code like that when when we get a pattern of deviation requests that's what usually triggers us as staff to start going okay does the code need to be changed and then can the code be changed to something that that makes sense for folks and they'll work and meet the intent um and I think that's part of this element that you're seeing with these 50ft Lots like I said with the lots have shrunk and size more people are encountering these design guidelines with those design guidelines now the questions are okay is this really a feasible way to approach development so um we're working our way through that the other thing that I wanted to note tonight for you and you saw it kind of as we played out a little bit here one Catherine our attorney

who's present here I believe will become our permanent okay kind of our permanent attorney representation during the meetings Spencer took a job with another firm so he has left um so Katherine will be in his role um so if you see her name on emails and that we'll know who she is and and uh again if we have conflicts of interest and things like that that's who we're going to ring upon for that kind of information um the other thing you'll note even though it wasn't real effective um because I just talk whenever I want to it seems like um I had Maggie over in the other role there too I'd like you kind of get used to having Maggie there so when I'm gone or cannot be here and that Maggie is going to be the goto person as deputy director so trying to give her the flavor for that and the feeling for that as well um parts of it worked Tonight Part of it just me jumping in as usual and I've got to kind of watch that so um that's on me um but just anticipate we're doing some changes like some of the things in your packet to try to help you with scripting things and getting those done Maggie's done an excellent job is she's been going through things one of the nice things with new employees in that kind of role she wants to delve in and understand the code and do things so she's seen things sometimes that we haven't encountered even and so there's kind of these helps that are coming out of it um that's also influencing the way we're doing staff reports and how we do that so I anticipate there'll be some evolution of some of those products coming to you uh in coming months so um there's been some good things there's some things we have to try out see how you react to them see how they work and sometimes go well that wasn't the way we wanted it to happen so let's just not do that that way so just understand you're going to be a little bit of a guinea pig on some of those things when we do those so

our only way to know if it works or doesn't work is to actually test it out so um with that I think that's all I have Meg is there anything from your end nothing F just next next meetings in April go ahead I'm sorry just a couple comments um um I noticed that the minutes on the last meeting was a little bit short is that we could I mean I noticed I don't know if this is how it's going to be because I I know we had some discussions but they're not here yeah so there's there's several things yeah there's several things going on with minutes right now the the legal obligation for minutes is very very short in fact what's required by state law is simply the item the action taken so on so forth so it's very very small the other part that's influencing say we're trying to strike that balance of a kind of a paraphrase summary because one of the things is we don't have time to do verbatim minutes and because this is recorded on YouTube we can use the YouTube link for basically verba a minutes so we're trying to find that balance um with the staff time commitment two minutes what it takes and where to go we kind of got and I I think everybody even the staff we sat there and looked at this last round and we're going yeah that's shortening it quite a bit um so I anticipate we'll probably do some tweaking to the minutes as we move forward we got to meet those state requirements obviously what covers Us and helps us is the YouTube link and that because that's that's that's the recording there's no real mistaking what person said there can be the hard part is when you paraphrasing that whoever

does the minutes you don't want them through the paraphrase maybe not getting the real intent of what was said and so there's some of that balance that we have to find so that we're not misrepresenting somebody's response or somebody's question or the way they worded something because sometimes we have to basically um make it sound better in paper than it may have sounded in so we have to watch that I just been a coming because you know I was used to you know minutes oh yeah commissioner M ES in that line and I was when I open I was like okay I thought I was missing you know maybe a pag where's that I I do appreciate I don't mind either it's just that I just made a comment that uh right and I do I do appreciate that on any of these things if you have comments like that make sure we're hearing them I mean if you re it only feeds us to try to serve you better right so as we're kind of tweaking things we may not have come to a resolution and said oh this is the way we we should do it unless it's black and white and it's been dictated To Us by code or by state statute on many of these things we're trying to you know make it so that we're not stuck where staff is spending a huge amount of time and something is already recorded and there's elements of that and if if there's something where you have a negative response to it don't be afraid to to email us or call us or state your concern even like here we can go back and look at it try to strike that balance to address those and another thing I just want to point out that I think I like the way we did tonight having the applicat first and then the staff you know because before we used you know Staff first and then the applicants so I thought you will you will notice though the difference in some applicants and other applicants right okay so that

that's that's the part that we will have to work on um and I I'll just say it in this case what you saw you you can tell the evergy team has been through this process multiple times not necessarily here at Garder but in communities and things because they even brought the golden rules with them and everything right some of our applicants like you saw tonight not as sophisticated an approach to their presentations and so one of the things we'll work on with the applicants is getting them used to the idea you have to represent your project you're the one that sells it not staff staff's doing an assessment to look at it in light of code what we anticipate from previous decisions by the governing body as well as the plan commission recommendations so we can't we're not here to sell their project for them they have to do that a little bit um and that's a little bit of a change for a number of these applicants here in Garden okay I just had these comments thank you appreciate the help we'll try yeah thank you all right may he does a good job I get in the way all right if we don't have anything else I'll make a motion or I'll entertain a motion to close a meeting I'll make that motion second all right all those in favor I I opposed all right thank you everyone