Focus Area: Economy, Community Development
Staff Contact: Nathan Jurey, Senior Planner
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Consideration of Resolution No. 26-1084 (SU26-0009), requesting approval of a special use permit amendment for Extractive Industries (Rock Quarry/Mine) for Johnson County Aggregates on approximately 554.64 acres located northeast of Old 56 Highway and W. 159th Street. Planning Commission recommends approval 7 to 1.
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recommended motion:
1. I move to approve Resolution No. 26-1084. [4 positive votes required]
2. I move to deny Resolution No. 26-1084. [5 positive votes required]
3. I move to return the application to the Planning Commission for further consideration. [Add a statement specifying the basis for the Governing Body’s failure to approve or disapprove, 4 positive votes required]
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Summary:
The applicant, Johnson County Aggregates (JCA), is requesting to amend a special use permit previously approved in 1988 for an existing rock quarry located on a 555-acre property at the northeast corner of 159th Street and Old 56 Highway. JCA is pursuing this amendment to remove a stipulation requiring a 100-foot setback from the abutting property northwest of the subject site, allowing the existing quarry and a proposed expansion on the abutting property to the northwest to function as one continuous quarry and underground mine operation. In addition, JCA has agreed to add stipulations that bring the existing quarry into conformance and exceed current regulations. Separate items are included in the agenda packet requesting to annex (ANX26-0004), rezone (RZ26-0013), and approve a special use permit for a rock quarry and mine on the expansion area (SU26-0007).
The subject property received special use approval in 1988 to quarry rock for an indefinite time period and JCA retains this right. JCA will continue to use blasting as the primary method of extraction, which does create noise and ground vibrations. JCA submitted a report (see Attachment A) confirming that blasts within the last year have complied with Olathe’s standards.
This land use also creates dust pollution and JCA has complied with all legal limits established federally and by state and inspected annually by the Johnson County Environmental Division (see Attachment D). At the request of City staff, JCA is willing to go above and beyond these legal limits and establish stricter dust control standards. JCA engaged with an independent 3rd party expert to create a Dust Control Plan (see Attachment A) outlining a variety of ways that JCA will reduce dust from this site. First and foremost, JCA has agreed to install upgrades that will significantly reduce dust when compared to the baseline dust emissions established in 2023 (see Attachment E).
Second, JCA has agreed to reclaim approximately 110 acres, or 20% of the overall 550-acre site within 15 years, reducing the amount of surface area that generates dust from vehicle movement, blasting, earthmoving activities, and wind erosion. Third, JCA will implement the Dust Control Plan, which includes paving nearly one (1) mile of internal haul roads and sweeping 159th Street daily, among other enhancements that will reduce fugitive dust and rock spillage. Lastly, JCA will monitor dust for the life of this use, City staff will evaluate the effectiveness of the Dust Control Plan annually and request the Plan be updated when necessary, and periodic reports will be presented to City Council.
The subject site is designated as Parks and Open Space and Public / Semi-Public by the Future Land Use Map of the Comprehensive Plan. While the existing use does not align with this designation, the property could be developed after reclamation with parks, open space or other low intensity uses on the surface and with underground warehousing below. The request also meets the approval criteria for special use permits as detailed in the attached Planning Commission Packet (Attachment A) and Minutes (Attachment B).
Staff received feedback from nearby property owners regarding this request, including a total of six (6) letters attached to the Planning Commission Packet (Attachment A) and eight (8) letters received after publication of the Planning Commission packet (Attachment C). The Planning Commission held a public hearing on September 14, 2026 and one (1) individual spoke during the meeting. Overall, feedback received was primarily regarding air quality and dust pollution and public health, blasting vibrations and noise, enforcement, and impacts on property values.
During the Planning Commission meeting, Commissioners primarily commented on air quality, noise and ground vibration, and setbacks. Ultimately, the Planning Commission voted 7 to 1 to recommend approval of the special use permit, with one (1) commissioner citing uncertainty of how this proposal will impact current conditions as the reason for voting against the motion.
In response to comments on the uncertainty of the impacts of the proposed dust suppression upgrades, JCA provided an emissions report (Attachment E) detailing the baseline dust (opacity) levels from the existing rock crusher and examples of the air quality improvements experienced by other facilities that received dust suppression upgrades (Attachment F). Regarding comments on the air quality impacts of respirable crystalline silica, regular test results confirm that no crystalline silica has been found on site (see Attachment G). In addition, JCA submitted an updated Dust Control Plan (Attachment H) that commits to quarterly testing of particulate matter and respirable silica at the perimeter of the quarry nearest the residential areas. Staff will review the air quality test results, the Dust Control Plan will be amended as needed, and the applicant is willing to report to City Council periodically.
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Financial Information:
None.
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Attachment(s):
A. Planning Commission Packet
B. Planning Commission Minutes
C. Additional Public Correspondence
D. Johnson County Annual Air Quality Inspection Reports
E. Existing Rock Crusher Emissions Report
F. Dust Suppression Upgrade Examples
G. Respirable Crystalline Silica Test Results
H. Updated Dust Control Plan
I. Resolution No. 26-1084