Planning Commission - Regular Meeting

Okay, this is a reminder for everyone that's here tonight. If you want to speak, please, at any time beforehand, there's a sheet in the back to write your name and information on, so please do that. Good evening. I'd like to call the August 24th, 2026 meeting of the city of Berger planning commission to order. Please rise and join me in reciting the pledge of allegiance.

Pledge of allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Beginning to my right, do a roll call.

Commissioner Landsberg, present. Commissioner Vonderschmidt, present.

Commissioner Sousa, here.

Commissioner Juneman, present.

Commissioner Oluchi, present.

We have a quorum. 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 upon one motion with no separate discussion. If separate discussion is desired on an item, that item may be removed from the consent agenda and placed on the regular agenda. Are there any items a member of the commission would like to remove from the consent agenda? Hearing none, may I have a motion to approve the consent agenda?

So moved.

Second. Motion made by Commissioner Juneman, seconded by Commissioner Landsberg. All in favor?

Aye.

Opposed? Abstentions? The motion carries 6-0. The first item on the agenda tonight is Flint Trails Revised Final Development Plan. Does the applicant have a presentation? Would the staff then give their presentation?

The Flint Trails development is before you this evening because they are requesting an additional deviation, so it's a revised final development plan. The overall project consists of 264 townhome units and the site grading and installation of infrastructure is currently underway. We found that when we were reviewing the building permit applications that several of the decks and or patios are that are proposed encroach into the rear setback. Therefore, the point of this evening is that additional deviation request. This slide is just looking at the buildings on the perimeter of the development that are encroaching into that 20-foot setback. The different colors represent either a patio or a deck that encroaches into that setback and in this case would be just a single patio or deck would require the encroachment or would require the deviation for the encroachment. The next slide looks at the interior of the development and if the developer were to divide the lot further which they're not proposing at this time again the yellow and orange ogles represent the buildings that would have an encroachment in this case the buildings are all still almost they're at least 28 feet between a deck and or patio with one exception and if you see on the far right side of the slide there's two orange ovals those two buildings back up to open space and those two buildings have encroachments that would be as close as five feet to the property line however when you've got that open space immediately adjacent it doesn't feel that crowded if you will so with that staff is recommending approval of the revised final development plan with the rear setback deviations as outlined in the staff report for both the perimeter of deviation of up to five feet for a 15 foot setback and the interior if the applicant were to subdivide as shown if you have any questions i'd be happy to answer them do any of the commissioners have questions for staff

While a public hearing is not required for this item, is there anyone in the audience who would like to comment on this item? If so, please come forward and state your name and address for the record. After you've spoken, or if you've done that already, please make sure you've signed in on the sign-in sheet at the back of the room. Individual speakers will have three minutes. A speaker representing a group will be allotted seven minutes. Please address your comments and any questions to the Planning Commission. Okay, seeing no one approaching the podium, I'd like to bring this to the Planning Commission for discussion. Okay, I would entertain a motion for this item. I'll make the motion.

that the Gardner Planning Commission approved the revised final development plan with the rear setback deviation as outlined in the staff report.

Second.

Motion made by Commissioner Alucci, seconded by Commissioner Juneman. All in favor? Aye. Opposed? Abstentions? Motion passes 6-0. The final revised development plan for Flint Trails is approved. The next item on the agenda is rezoning and preliminary development plan application for Prairie Brook 2. Does the applicant have a presentation?

And good evening, Doug Evelyn with Phelps Engineering, here on behalf of Paul Atterbury with Atterbury Homes. No formal presentation, just here to ask for your support for rezoning five duplex lots, which would have had 10 units into five fourplex lots, so a total of 20 units, so an increase of 10 units at 174th and Kill Creek Road. Similar rezoning was done to the units just to the north. Those were duplexes. They were converted to fourplex lots, so just trying to do something consistent there. The lots have sat vacant there for several years, so Paul would like to put the buildings in, build the fourplexes, and get some units going there. So with that, myself and Paul are here, and if you have any questions, be free to answer any questions you may have.

Thank you. Do any of the commissioners have questions for the applicant? Okay, thank you. Would staff give their presentation?

Good evening. We'll wing it this evening, guys. Again, this is item two, prairie brick two, rezoning and preliminary development plan. Project is for, as you are aware of, we're rezoning an associated preliminary development plan for a townhome development as being located on five existing platted lots on a total area of right around two acres. uh as you see from the zoning map there's a mix of uses just to the south we have a duplex development and this area right now currently is zoned rp2 directly to the north is rp3 as was mentioned earlier for a townhome development and then you have uh single family this was all part of that original uh planned development called prairie brook that was done back in the mid 2000s i believe the duplexes were built right around 2010 to 2016. uh the ones to the south and then the four plexus were just done just a couple years ago The comprehensive plan shows this area as actually a medium density development, which is defined as single family attached homes, or also examples of that are, sorry, single family attached homes, which examples are duplexes, triplexes, and of course, what's being presented to you tonight, fourplexes. This just shows the layout of how the buildings are to be placed on the property. Again, this is a preliminary development plan. We'll get into a little closer review when the final development plan is, which should be before you next month. Again, this is five fourplexes for a total of 20 units. And as not usually, but we've received this also with the plants. This is a landscape plan, kind of shows you how the trees are being placed along the road. Okay. The proposed plan reflects general accepted sound planning and design principles, provides multiple access points within the development off of Kill Creek and also Pratt, and is an infill development that does not deter any existing or future development on adjacent lots. The project is consistent with various policies in the comprehensive plan to support future growth. And staff recommends approval of the rezoning and associated development plan to rezone 2.01 acres from RP2, planned two-family residential district, to RP3, planned mixed density district.

Thank you. Do commissioners have any questions for staff? Thank you. This item does require public hearing. Anyone interested in speaking, please come forward and state your name and address for the record. After you've spoken or before, if you've done it already, make sure your name and address is on the sign-in sheet in the back of the room. Individual speakers will have three minutes. A speaker representing a group will be allotted seven minutes. Please address your comments and any questions to the Planning Commission. Any questions raised by those speaking will be addressed at the conclusion of the public hearing.

My name is Tim Gates, company name is Hagen Estates Realty, PO Box 4057, Oberlin Park, Kansas, 66204. I'm the guy that originally helped the Schuetzels do the whole subdivision out there, and we actually built the last duplex that was there. But we planned that, that those two streets there, where Prairie Duplexes are, it was planned for larger duplexes with two car garages, two car driveways, and we feel that we're prone development for sure but we feel the density and the amount of driveways in that two two block or two lot area is just way too much we think there's gonna be a lot of cars sitting on the street because they're single car garages you got two people in each unit and it's going to create a bottleneck coming off kill creek for the people that live in the duplexes back there now and the townhomes to the north that come back around that way staff even mentions in the report that have concerns about traffic and we just think when you look at that it's just kind of a no-brainer that about krill creek all of a sudden you've got 16 driveways and about 150 feet it's going to create issues we'd ask that you have them reconsidered maybe do something better or different with those driveways and do something different it just doesn't match with what's there and it's not what was intended when we first did the those two streets and planned all that out And Mr. Schuetzel is here too. He'd like to speak. I can answer any questions if you got them for me. Our main concern is it just doesn't fit the character of the Prairie Brook duplexes right there in those two streets. And it's just a lot of garages, a lot of parks. Any questions? Thank you.

yeah my name is uh abel schutzel and i live in 122.09 horton and overland park and uh you know we have uh developed 10 duplexes there and there's 20 units that my family owns with my brother and sister and uh you know we just feel like you know we spent maybe four and a half five million back in 2005 without any assistance or anything, and we ought to have some kind of a say in what goes in next door to us. And I don't know, I'd be willing to compromise or something, but I don't think I want 10 or 20 units there and all the traffic and all the extra drama and things like that there. I just hope you'll consider my wishes and my family's wishes and you know, see if you can help us out a little bit. I appreciate it.

Thank you. Does anyone else wish to speak on this item? Seeing no one else approaching the podium, is there a motion to close public hearing?

So moved. Second.

Motion to close public hearing by Commissioner Alucci. Seconded by Commissioner Juneman. All in favor?

Aye.

Opposed? Abstentions? Public hearing is now closed. Do any of the members of the Planning Commission have questions for staff or the applicant?

Was there a traffic study conducted?

There was, but it wasn't a full traffic impact study. I believe that was just a memo, wasn't it, Tim? Because one had been done years ago for the original development. and Public Works determined that it wasn't necessary to go through that full process again.

Got a question for the applicant. You mentioned going from 10 units to 20 units with the four plexes. Do you have a number on the number of bedrooms that it used to be to what it will be now? Three bedroom units.

Three bedroom units, I don't know. I imagine if they had two car garages before, they had at least three bedrooms. I don't know. We didn't do the original plan, so I don't know how many bedrooms the units before had. But if they were that large, I would I would say they had at least three. But what you're proposing will have three bedrooms per unit? Yes. And just to speak to the traffic, if I could real quick. So we did do the memo, and the AMP gets four additional trips, and the PMP gets five additional trips. So it's not over an hour. That's not a lot of cars being added by these extra units. Thank you.

I get some of the concerns about having cars parked on the street. As far as the character of the neighborhood, we have the same thing directly to the north. This is closer to that collector street. The traffic isn't going to be going through those neighborhoods and impacting those neighborhoods. Maybe you might see some more cars parked there on the street. Hopefully, they can get on the driveways, but I know we can't always make that happen.

they can't block driveways either so there's not like really a ton of room apart so i have a question for tim i think um when wendy's was coming in down south one of the questions was having that left of the right turn lane off of gardner road to go in and it was too close to the intersection when you're in a residential neighborhood like this does that factor in the numbers of driveways and how close they are to the we don't have any specific requirements so there are requirements um

And that's regardless of what the development is.

I can't remember, 25 feet maybe from the corner. But no, I mean, I think there's concern just about the ability to, that there is no room to park in that area. But other than that, no, we don't have any restrictions.

Okay, no more discussion. I'd entertain a motion for this.

I can make that motion. Planning Commission recommends approval of the rezoning and associated preliminary development plan.

Before I ask for a second, this will be addressed in more detail at the final development plan, is that correct? Okay. Second. So I have a motion by Commissioner Juneman, second by Commissioner Lucci. All in favor?

Aye.

Opposed? Abstentions? The Prairie Brook II rezoning and associated preliminary development plan is recommended for approval. This recommendation will be forwarded to the City Council for consideration at their September 21st meeting. The last development related item on our agenda is the Velocity Arts rezoning and preliminary final development plan. Does the applicant have a presentation?

good evening and thank you for your time i'm josh shibler with velocity arts we're excited to introduce to you our project and what we were proposing here in gardner and what it means for this community our team from kimley horn will answer any technical questions related to the application after i give you some brief introduction to the project uh just in case there's any questions follow-ups we're an arts organization at our core We are creating educational programming in the arts and entertainment industry and making them accessible to aspiring artists and technicians. That's the mission. The district around it is the venues, the hotel, the retail shops are the engine that drive the mission and keep it running for the long term. We're building experiences that can't be downloaded through genuine performance and we think Gardner is the right place to do it. Kansas City Metro is growing and the opportunity to integrate this programming into a community is in Johnson County. So everything we show you tonight comes back to that. The commercial side funds it, but the arts and our students are the point. You're not a developer building this to hand off to someone else. We design it, we build it, we run it. We have a team of experienced professionals that have a real world experience in the industry to ensure that we, what we build is able to deliver on the program. We're in it for the long haul. launch the operations all of it because we want to build something that creates jobs and enriches the community's education options the people in front of you tonight are the same people who will be running it for years to come we've worked with populous and kimley horn to create the site plan we submitted with the preliminary development plan our site is right off of i-35 and 175th street between the railroad tracks and the interstate this location provides easy access for out-of-town visitors and gardener residents Our program is one connected experience around an arts and education campus. It's anchored by a 15,000 seat indoor concert pavilion with year round programming, a 2,500 seat performing arts center to host Broadway touring shows and locally produced productions, as well as an eight acre lagoon with a walkable retail entertainment promenade and hotel. It's walkable and it's active year round. The point isn't any one building, it's how it all works together to provide a destination for both locals and out of town visitors. Key to our mission is keeping our focus on preparing the next generation. Our community-based programs are designed to enable the community to explore their artistic side while providing real-world opportunities for performance. We are establishing arts and entertainment programming for both Gardner and the Kansas City region, in addition to restaurants, shops, and the Lagoon Water feature to host events all year round. Because we run it ourselves, we are programming a calendar of events to engage the community and create new opportunities for local engagement in entertainment and education. Equipping the next generation of creatives and performers is the heart of the program. We call it Kids Comes First. Our goal is quality arts education open to every kid starting in first grade that's built on five disciplines, instrumental performance, theater, media, vocal performance, and dance. We will establish a youth symphony, a community choir, and classes for adults to engage in their creative interests. Our programs establish a pathway. A first lesson can lead to real training and a real career. Not every path is a four-year degree, and this is a real alternative that concludes in a job. The venues you see in this programming not only provide economic benefit, they do double duty. They're also the classrooms for our students to train alongside working professionals on real stages, in real studios, with the appropriate technology to make sure our students are equipped with real-world training in real venues. That makes the venues more than economic assets. It's where the mission comes to life. A project this size has to fit the community and infrastructure has to be built into the plan. We're designing to keep traffic and parking on our own property. Our design team is working with KDOT to integrate our district into the plans for 175th Street Junction and the surrounding area. We're offering to build fire and police facilities that would serve the area as a part of our project construction. We're here for the long term and are mindful of ensuring our project is clear. It has a clear benefit to the community. take being a good neighbor seriously so let me name a few of our commitments safety planned from day one we will be actively engaging with the police and fire department to ensure we are providing the appropriate facilities for them to deliver essential services to us and the broader community a design that fits gardner with appropriate landscape buffers open spaces responsible lighting and architectural influences that complement the area and its roots our design team will take into account local influences to integrate the district into the community here to integrate into the community enhance the programs that are already here tonight is the beginning of a of the public process and we are committed to staying in an open ongoing conversation with the city and the wider community thank you so much for your time and your consideration with that i'll hand it over to kimley horn or staff whoever's going to take next

Is applicants engineer going to speak? I didn't know. It sounded like that was a segue, but I wasn't sure.

Hello, commissioners. Ben Gasper with Kimley Horn. We're here to answer any technical questions you may have. We'll let the staff present the report, and then if you guys have any questions as far as the traffic impact study or storm water utilities, things like that. We're here to answer any questions.

Thank you. Thanks. Do any of the commissioners have questions for the applicant before we hear the staff presentation?

When you speak of students, ask students for a moment. surrounding school districts? Are you working in conjunction with them with their music programs? Absolutely.

Yes, the goal is to really integrate into the community and provide the facilities and opportunities that aren't largely available in public education. We'll have our own youth symphony practice spaces, places for people to perform. Yes, we'll work with the local school districts to promote their programs and provide the venues and spaces available to them as well. Thank you.

I have a question for you as well. In the package, you talked to, sorry. You get your steps in. In the package, you talked about the public safety part with events, both entering and exiting the area. And you talked about having, I don't want to say police because I don't want to presume police, but how are you going to manage that? Would it be police? Would it be trained Velocity Arts staff? Would it be volunteers? What would it be?

Staff as well as law enforcement. We've got, we'll start conversations with the services that already exist in the community for off-duty officers that are able to help facilitate that we'll hire as a part of our program as most of the large venues in town would operate. That's a pretty common practice to tap look over law enforcement and then also have our own staff that's responsible for the on-campus and then the larger safety protocol with the police department. Okay, thank you.

Is there going to be any type of campus security? Yes. Okay. As far as a ongoing presence, I know the police can't be there 24-7, but when you see venues like this, they have some type of security force. Yep.

It'll be 24-hour security, just with the nature of the school and the different pieces of this development. Again, that's a key item for us to make sure just as a responsible party and a responsible business. that we'll have security available and on site for all those hours. It is by the nature of what it is, but we need to make sure that we've got that covered and everybody feels safe coming and going. Thank you.

I won't interrupt you this time on your way back. You're good. All right. Thank you. Would staff please give their presentation?

So the Velocity Arts application includes a request to rezone the property and for your consideration is a preliminary development plan for the mixed use project that encompasses approximately 215 acres. The property is located in the northwest quadrant of the I-35 and 175th Street interchange. It's bounded by the railroad and industrial bypass on the west 167th Street on the north clear road on the east and roughly I-35 and the interchange on the south. Next on this slide, I've got two graphics on the left is the zoning map. And it shows you the current zoning of the property is both rural, single family and agricultural in the county, which is the RUR and then agricultural within the city. properties that we're talking about are outlined in blue, the surrounding zoning. You've got a mix of both the R U R, which is still in the county, as well as some commercial and industrial across the railroad and bypass the right side of the screen is our future land use map from the I 35 and 175th street interchange sub area plan. and the property is outlined also in blue on this slot on this picture the designation per that plan for the subject property is regional commercial which is the sort of reddish maroon color and heavy commercial and industrial which is the purple color the When we're considering the activity center planned zoning district designation, there needs to be a reference to one of our base zoning districts. And in this case, the applicant has selected the C3 or heavy commercial zoning district. The C3 is consistent. with the regional commercial land use category. And therefore the proposed zoning may be considered appropriate based on the proximity to the I 35 and 175th street interchange, as well as the visibility that it would have from the interstate. And those are some things that were talked about in the land, our land development code relative to the activity center planned district. Lastly, there's four bullets on the lower right hand corner of this slide and I pull those out because we don't often see the activity center plan zoning district. However, that district within the context of the land development code states that it should accomplish one or more of these bulleted items. Those include creating broader community benefits by integrating both regional and or commercial serving uses along or near key commercial corridors, supporting multimodal transportation services, implementing improved public realm designs along key commercial corridors, including streetscape, open space, civic spaces, and the relationship of buildings and sites to those spaces. And lastly, ensuring compatibility between the uses through building placement and design landscape solutions and arranging things to provide transition between lower and higher intensity uses. Going to the next slide. The proposed Velocity Arts project is a mixed-use development that, as I previously stated, it includes multiple events, entertainment, and recreation venues, commercial uses, a hotel, rental, vacation villas, and a media-oriented college with dormitories. I show this color site plan because it helps to illustrate some of the different areas. The green, obviously, is their open space and their landscaping. The what I'll call white boxes represent the proposed buildings. The gray areas are different roads and or surface parking. And the dark gray ring road, if you will, along the perimeter of the project is a public road. Looking from this perspective, you can see both an interior and an exterior ring road. All of the lighter colored streets are proposed to be private. So the majority of the infrastructure related to roads in this development is proposed to be private. The project is intended to be developed as a unified campus with details such as their architecture and streetscape that would provide that unified theme. Next slide. looks at open space and civic spaces. There are several different types of open space on or within the velocity arts development. There are ten foot wide pathways that are shown in either blue, the green or the yellow, and they have the arrows and the dashed lines. They run through the what's called the main street, more of the commercial area and around the water feature in that area. They the green is a walkway around the lagoon that would connect the lagoon to the vacation villas and the hotel. And lastly, the yellow is within more of the college campus connecting some of the event venues to the college. And I point all of these out because open and civic space is an important part of any plan development as well as within the activity center plan zoning district. The next slide. is the applicant's pedestrian and vehicle access diagram. I've added a couple of circles, if you will, to point out where this project accesses the public road system. So the orange dot at the very top of the development is at the intersection of Clare Road and 167th Street. You can see that this yellow outline of the public road along the perimeter of the development connects into 167th Street. There's a lot of infrastructure specifically related to roadways that will be the responsibility of the developer in order to provide a transportation network, if you will. The two red dots along Clare Road are where the private road system connects into public road system. And then the blue dot in the lower left corner of the project is where the public road system that's on the within the site connects to the public road system outside of the site so it's where we make that connection between on and off site you see that there's two roundabouts in that lower portion and oftentimes roundabouts are used to help with the flow of traffic as opposed to a signalized intersection the actual design of those in terms of number of lanes widths as well as where the actual roads connect into the roundabouts would be something that we would be looking at closer at final development plan. So this is really more of their concept of how it would all come together. The next slide I've got is just text. I won't read it to you, but I wanted to touch base on the infrastructure related improvements. Typically, we don't talk about utilities such as electric water or wastewater. But based on the scale of this development, we are in conversations with the applicant because we may not, as a city, be able to serve the development with our utilities. And so they are also talking with, for example, Evergy may be the provider for electric, the same with the water and wastewater. So that's again, something that needs to be finalized with the final development plan. How is it going to get that infrastructure? Lastly, the track, sorry, I'm still on this one because I wanted to talk a little bit about traffic and we do have a preliminary traffic impact study. It looked at the types of development, the peak hours for that development, but it did pull out the entertainment venues, the different event venues. because of their different peak times. And so that was looked at a little differently. What I put on here, and it was included in the staff report, was the first four bullets. These are first four numbers in the middle of the screen. The traffic impact study assumed that those would all be in place when the development opens in terms of traffic signals and improvements at the interchange of 175th and I-35, for example, as well as the 175th Street improvements. The traffic study also talks about additional infrastructure that needs to be constructed to support the development And that includes widening of Claire lane, um, paving of 167th street, for example. Lastly, the traffic study does acknowledge that having an additional interchange at 167th street and I 35 would provide for significant additional access and flexibility for larger events. So all of that is a lot to consider. We are still working with their. traffic engineer and our traffic consultants to look at the traffic impact of this development and I would again just reiterate that the applicant or developer is responsible for this infrastructure. The next slide is just an aerial view that the applicant showed because I wanted to point out again that the Project itself, all of the building square footage is approximately 2.5 million gross square feet of building area. That includes the event venues, the multi-story hotels, or hotel, excuse me, it's a single one, all of the proposed building. The commercial component is approximately, at this point, less than 300,000 square feet. There's a diverse mix of uses and project of this scale is often going to go through a series of changes as the development plans are refined specific details relating to building architecture. The provision of parking landscape plans and other site details are something that will be required with the final development plan submissions. The applicant requested three deviations. We are not proposing to. Consider those at this time. We think it's more appropriate to consider those with the final development plan, and therefore, though they were mentioned in your staff report, I'm not going to talk about them this evening. With that, I would wrap it up. by speaking about some of the recommended conditions on the last slide that I have. Ultimately, staff is recommending approval of the rezoning and associated preliminary development plan for the velocity arts development subject to the four conditions that have many sub items to them that were in your staff report. I didn't list all of the specific conditions because it would have taken about three slides and I figured it's in the staff report. So if you've got any specific questions about the conditions, I'd be happy to answer them. And with that, that will conclude our presentation.

Any commissioners have questions for staff?

As far as improvements to roadway surrounding, a lot of those roadways are within the city limits of Gardner. not off clear road is under 67th street is not, is this something we're in discussion with the county as far as getting those improvements?

Uh, we haven't gotten to that phase of it in terms of conversations with the county. I would note that their project, they are looking to expand potentially to the other side of clear road. That's not part of the proposal this evening because it's not in the city of Gardner. and therefore you can't consider that, but that may occur in the future.

I have a couple questions for you. There's already a hotel to the south of the project over by the Walmart. Are there any plans to connect that to this or account for foot traffic during events?

That's a really good question from the standpoint of the plan for the 175th street and i-35 interchange there are several preliminary preliminary designs that are being considered that has not been finalized nor has the time frame for that so that's something that could be considered but at this stage it's not actively being discussed okay

My second question, the presumed traffic impact study improvements that are presumed to be available when it opens, are they going to be a barrier to this opening if they're not ready?

If they are not already in place or installed, constructed, the applicant would be the developer would be responsible for them. because they will be needed in order for the traffic to flow as best as it can. Thank you.

So is the city of Gardner responsible for the utilities to support?

Not necessarily. They are within our electric service area. However, if we cannot serve them, we could give that service area, if you will, to evergy and they could provide potentially provide those services the i believe it's the wastewater is split between johnson county wastewater and our wastewater utility so again if we can't serve it all we could give up that service and with water it's either i'm sorry i can't recall if it's the water or the wastewater is split and so let's say it's the water is our service area. If we cannot serve it, again, they could discuss that with Water One. They have started those conversations, but we've not finalized anything at this point. They've given us some preliminary numbers of what the development may require. And at this point, our utilities department does have some concerns with serving it.

That's a massive project and thinking about all the cities and towns around rely on water. To me it's a major concern.

That is definitely something that with the final development plan will need to be figured out and answered, if you will, before a final development plan should be considered.

Commissioner Sosa, I'll just add in this situation, the fortunate item of this is there are a number of providers that are out there, so we can assess it from the standpoint of what the city has capabilities to do, what we do not have capabilities to do on all fronts of those utilities. What's nice is in this particular case, there are other utility providers that serve those services too, so if we have an issue, Water One is a much bigger service provider than we are. So the ability to handle a project like this within the Water One system is a very different scale than what we encounter through our system. So the good news is when we're looking at our side of this equation first, if there are issues there, providers that are the backup providers, if you will, or the providers that have service area there, Water One, Evergy, some others, are all larger scale elements that have that capacity that goes way beyond what we have.

Okay, thank you. This item requires a public hearing. Anyone interested in speaking, please come forward and state your name and address for the record. After you've spoken, if you haven't already done it, please write your name and address on the sign-in sheet at the back of the room. I'm sorry, I forgot to say individuals have three minutes Speaking for a group of seven minutes, yes.

Bill Andrew, 752 South Cypress Street, Gardner. This development, I don't really have one way or the other. But I would like to make an observation. I believe in 1970, somewhere in that area, they'll lay the name of the air station. closed. It was offered to the city of Gardner. At that time the city of Gardner didn't think they were big enough to take that on. So the city of Gardner made Johnson County very happy. The next thing that came up was a NASCAR race track. Again our governing body probably with a lot of input from the residents with the idea of keeping it a small town atmosphere. They turned down the racetrack, which made Wyandotte County pretty happy. And then the next thing was the NSF Intermodal, which is out here, which I believe the city of Gardner had an agreement with, but then some of the council members decided before the agreement was signed and passed and everything, decided they had a few more questions and had some questions of BNSF and BNSF said, okay. So they decided to go down to Edgerton and be annexed by them intermodal. is right where it was proposed to be from the beginning. So we made Edgerton very happy. If in our council decides against this project. I think Johnson County no later right across 56.

Does anyone else wish to speak on this item?

Hi, my name is Andrea Brammel. I'm from Gardner. My family moved here in the mid 90s. We always knew Gardner was going to blow up. And your residential population has done exactly that. When I graduated from here in 2001, 140 kids. We were too big. The high school was too big for us. They shut half it down. Now, you guys had 450 students graduate this last May. If that hasn't shown just right there how much your population has boomed, I don't know what else has. But what hasn't boomed here is the commercial development for your residents. Everything around here has boomed for big business, warehouses, data centers, everything, intermodal, nothing for your residents. We have floundered over the years, as he just said, several big projects. This project will connect Gardner to Olathe to the Kansas City Metro. If you don't do it, more warehouses are going to build up a wall and we are going to continue being surrounded by what Olathe wants, by what Spring Hill wants, not by what Gardner residents and business owners want. So I highly encourage us. Let's take the chance. Let's do it. Everyone always knew Gardner was going to be, we are on the cusp of Kansas city. Let's join the table. Be part of the Metro.

Thank you. Anyone else wish to speak on this item? Okay, seeing no one else approaching the podium, is there a motion to close the public hearing?

So moved.

Second. Motion made by Commissioner Ginnaman, seconded by Commissioner Oluchi. All in favor? Aye. Opposed? Abstentions? Public hearing is now closed. Now any discussion with the Planning Commission with questions for staff or applicant or just discussion?

I have a question for the developer. How does the airport proximity impact your development in any way, positively or negatively?

We don't have any negative impact issues. We're frankly there. The audio, the sound would be the only thing, but we have a railroad on one side and interstate on the other. So we're kind of in that environment anyway. Ultimately, I think that as New Century continues to grow and expand what they're doing, that's just going to draw more into the area for our events, which I chose potentially. We've met with the airport. They're aware of the project, supportive of what's there. So I think we'll have a good relationship with them.

Yeah, because I think in the development, you guys are proposing some five-story buildings, and those are okay as far as your preliminary research with the EPA?

Yes, we've reviewed that with the airport, and our populace has kept all the RPC requirements in mind. The edge of our property is in the furthest out district that's of influence, and they had no concerns of height restrictions with how far east our development is from the airport. Thank you.

Mr. Chairman, if I may, your You will see that the first edition does acknowledge that they do not go to the airport commission as well as the port commission. This would actually be finalized.

Has it been addressed or is there any concern with light from this impact in the airport operations?

We've discussed it. Ultimately, those are the operations. Again, we'll be mindful of those kind of things in consideration. No searchlights in the sky. We understand there'll be some restrictions with being a good neighbor at the airport.

Okay, thank you. Any more discussion? Okay, I would entertain a motion for this item.

Recommending approval. Result. Reappearance. The preliminary plan for the resumption of the . Planning Commission recommends approval of the rezoning and associated preliminary development plan to rezone 214.56 acres from County RUR County Rural Agriculture and A Agriculture to ACP3 Activity Center Planned Heavy Commercial District where mixed use development is subject to the following conditions. And the conditions are stated in the staff report.

Second. I have a motion made by Commissioner Lucci, seconded by Commissioner Sosa. Is there any discussion of the motions? No. All in favor?

Aye.

Opposed? Abstentions? Velocity Arts Rezoning and Associated Preliminary Development Plan is recommended for approval. This recommendation will be forwarded to the City Council for consideration at the September 21st meeting. Staff, are there any discussion items? All right, if there is no further business, is there a motion to adjourn the meeting?

So moved.

Second. Motion to adjourn, made by Commissioner Alucci, seconded by Commissioner Vondersmith. All in favor? Aye. Opposed? Motion passes.