Planning Commission - Regular Meeting

Good evening. I'd like to call tonight's meeting to order. Please join me in the Pledge of Allegiance. As we begin our meeting this evening, we'll take a moment to acknowledge that we have a quorum of planning commissioners present with seven out of nine commissioners in attendance. Chair Janner and Commissioner Birgitta are unable to attend this evening.

Make one clarification for the record. We do have six commissioners. Commissioner Lynn is also unable to attend. Thank you.

I appreciate that. Thanks to everyone in the chamber for attending this evening's meeting. Planning commission meetings are an important part of the process for interpreting and applying the city's comprehensive plan and the unified development ordinance. It's important that our meetings are conducted with dignity and respect. That applies to every person in attendance. We strive to provide an atmosphere where the ideas and opinions of all participants are held in the highest regard. Finally, the actions on the issues we discussed are ultimately under the responsibility of the city council. As a planning commission, we're here to help the council as our elected representatives to be fully informed to make the best choices for our city. By statute, the Planning Commission strives to not engage with any party on the issues on our agenda prior to our meeting. Should that interaction take place as a result of a business relationship or other interaction, referred to as ex parte communication, commissioners will report that interaction when we reach that item on the agenda. We now move to the consent agenda. This evening we have three items on consent. The consent items listed are considered routine by the Planning Commission and we may be approved in one motion. There's no public hearing held for consent items and there will be no discussion unless the commissioner requests that an item be removed from the consent agenda and considered separately. Commissioners, do you need to pull any items for additional information or questions of staff? Seeing none, do I have a motion for the consent agenda?

Chair, I move that we approve the consent agenda.

Thank you, Commissioner Chapman. Do I have a second?

Second.

Thank you, Commissioner Corcoran. All in favor, say aye. Aye. All opposed? That motion passes six to zero. This evening we have two scheduled public hearings. For the first public hearing this evening, a continuance is being requested. When a case is scheduled for a continuance, the public hearing is not open. Comments, recommendations, or analysis on any case is not provided for or discussed until the public hearing is open. This process ensures that anyone interested in the case has the opportunity to participate. A continuance is requested to a future planning commission meeting for RZ26-0008. Is there a motion on this item?

Mr. Chair, I move to continue said motion, said application.

Thank you, Commissioner Seelene. Is there a second?

Second.

Thank you, Commissioner Chapman. All in favor, say aye. Aye. All opposed? That motion passes six to zero. The second public hearing is a request for approval of a special use permit for McCoy Custom Carts at 25149 and 25229 West 151st Street. Ms. Winter will present the case. Good evening, Ms. Winter.

Okay. Good evening, Commissioners. Lauren Winter, Planner 2. As introduced, the application before you tonight is for a special use permit of motor vehicle sales, specifically golf and utility carts for McCoy Custom Carts. The subject site is located southwest of 151st Street and Old 56 Highway within Lot 3 of New Century Business Park, as seen here. The applicant began utilizing Building 3 earlier this year prior to filing a special use permit, and the applicant plans to relocate to Building 5 once construction is complete later this year. Both tenant spaces are on the subject property of Lot 3. The site is Zone M2, General Industrial, which allows for motor vehicle sales with approval of a special use permit. The site is surrounded by a mix of residential, industrial, and commercially zoning districts. And the adjacent uses include flex spaces, distribution warehousing, and Oak Run subdivision is directly north across 151st Street. Within Lot 3, existing uses include auto repair, custom auto body, and indoor golf. The future land use map of the comprehensive plan identifies the site as industrial, which allows auto-oriented uses and is compatible with the proposed use of golf cart sales. The applicant is currently occupying the west half of the existing Building 3 as a temporary location. Building 5 is expected to be fully constructed by the end of this year, and the west half will be the permanent location for the applicant, which is 4,839 square feet. The applicant intends to alter and sell golf carts inside the facility with no outdoor display on the site. There are roughly 27 parking spaces for employees and customers for each building, and 10 stalls are required for this use. No changes to either the building or site are necessary or being proposed with this application outside of what was approved with the building permit and final site development plan. The site has existing landscaping that meets the requirements for non-residential landscaping and parking lot screening along 151st Street. Foundational landscaping is installed around Building 3, and it will be installed around Building 5 around the north and west facades here upon completion. No additional landscaping is required or proposed with this project. The applicant met all public notice requirements in a neighborhood meeting was held on July 20th with no public attendees. Neither staff nor the applicant has received any public correspondence related to this case. Staff recommends approval of SU 26-0005 with the following stipulations. The applicant has requested an approval period of 10 years for the special use permit and staff is supportive of that 10-year time period given it's in an existing industrial area and the golf carts will be stored inside. The stipulations here include limiting the special use permit to the lease space within lot three, prohibiting outdoor display, and prohibiting temporary signage. This case will be considered on the September 1st, 2026 city council meeting. And this concludes my presentation. I'm available for any questions and the applicant is also here for any questions.

Great. Thank you, Ms. Winter. Commissioners, do we have any questions for staff?

After the last meeting, we had an extensive discussion on special use permit timing. Why 10 years on this one? Not that I object to it. I'm just wondering.

Yes. So the applicant has also come through last year with a special use permit at a different location. 10 years was approved at that location as well. We feel like this is a less intensive use and there is no outdoor display of vehicles.

Thank you, Commissioner Brown. Any other questions for staff? All right. We'll invite the applicant up.

Good evening.

Good evening. you guys have any questions? Oh, I'm sorry. You had signed up to speak.

I signed up the last time too, just so I could answer any questions or anything like that. We did go through this. I guess at this point, it's been about 10 months ago that we went through this, but we ended up deciding it was better for our business, even though we had just been through this, to go ahead and Okay. Um, so yeah, we just, we decided it was better for our business to, to move to a little different space and, uh, cut some overheads and it's been a lot better for our business. We're also right across the street from Prairie Highlands golf course, uh, which is a big, big area for us. We saw a lot of carts there. Um, so yeah, it's, it's been really, uh, it's been really good for us and, uh, Mather has been great to work with. Um, so we're, we're very excited, um, very excited for our new facility to be open. I think it's sounding like maybe late October, early November. So, Excited to get moved into that one, and hopefully that's it. Hopefully we're not moving again for the duration of this permit. Perfect.

Thank you, Brian. Question? Commissioner Tyler?

Thank you. I have just one quick question. It mentions sales, leasing, and rental. I assume these are all electric vehicles? That's correct. What about if they ever need service? Do you provide service, or do they go elsewhere?

No, we provide service. We actually changed our business model last fall to 100% mobile maintenance. So we go to the customer. So say you buy a golf cart from us and you call us and say, hey, it's making a noise or it's got a light out or whatever. We come right there to your garage and look at it and figure out what it needs and usually have the parts with us and we fix it right there at your house.

Okay. All right. Thank you.

Any other questions for the applicant? All right. I will now open the public hearing. Aside from the applicant, no one else has signed up to speak this evening. So I'll entertain a motion to close the public hearing.

So moved.

Thank you, Commissioner Tarronis. Do I have a second?

Second.

Thank you, Commissioner Sealing. All opposed, say aye. Or I'm sorry, all in favor, say aye. Aye. Aye. Aye. That's right. All opposed? All right. The public hearing is now closed. Is there any additional discussion needed for this item?

Can I make an additional comment? Sure. Just as the person that owns this business and has been selling golf carts in Olathe for several years now, I think the city needs to take a long, hard look at what they consider a golf cart versus a motor vehicle. For example, this is a special use permit for motor vehicle sales, but you don't allow my customers to tag their vehicles as motor vehicles. So it's kind of, to me, a little interesting that I have to go through this, which I'm perfectly fine going through. I think it's great. No problem. But I think you guys should consider looking at what your definition of a golf cart is and where they can be operated.

Okay.

Yeah. Appreciate that. Thank you very much.

Yeah.

If there's no additional discussion needing amongst the commissioners, I'll entertain a motion for SU 26-0005.

Mr. Chairman, I would make a motion that we approve SU 26-0005 as stipulated by staff.

Thank you, Commissioner Taranis. Do I have a second?

Second.

Thank you, Commissioner Brown. We will take a roll call vote. Ms. Will, if you would.

Commissioner Chapman?

Yes.

Commissioner Sealing?

Yes.

Commissioner Corcoran?

Yes.

Commissioner Brown?

Yes.

Commissioner Taronas?

Yes.

Acting Chair Breen?

Yes.

That motion passes 6-0.

Excellent. That concludes our agenda this evening. I'll look to staff for any announcements before we adjourn.

No announcements this evening. Thank you very much.

All right. Thank you all for joining us this evening. We are adjourned.