OVERLAND PARK CITY COUNCIL MEETING. May 16, 2005

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1 OVERLAND PARK CITY COUNCIL MEETING May 16, 2005 Mayor Carl Gerlach called the Overland Park City Council meeting to order at 7:30 p.m. The following members were present, constituting a quorum: Mr. George Kandt, Council President; Mr. Terry Goodman; Ms. Marcia A. Gilliland; Mrs. Terry Happer Scheier; Mr. Fred Spears; Mr. Dave Janson; Mr. John H. Thompson; Mr. Curt Skoog; Mrs. Donna Owens; Mr. Dan Stock; and Mr. David W. White. Mr. Jim Hix was absent (excused). Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; Mr. Roger Peterson, Director of Planning and Development Services; Mr. Bob Jones, Director of Human Resources; Mr. James Cox, Director of Parks and Recreation; Mrs. Kristy Stallings, Director of Finance, Budget and Administration; Mr. John Douglass, Police Chief; Mr. Bart Budetti, Senior Assistant City Attorney; Mr. Bob Lindeblad, Manager of Current Planning; Mr. Doug Brown, Director of Public Works; Mr. Dennis Meyers, Fire Chief; Mr. Bryan Dehner, Deputy Fire Chief; Ms. Marian Cook, City Clerk; Mr. Sean Reilly, Manager of Communications; Mr. Rob Roberts, Sun Publications; and Mrs. Kathleen Imair, Recording Secretary. The Council Chamber was filled to capacity. PLEDGE OF ALLEGIANCE Mayor Carl Gerlach led the audience in the Pledge of Allegiance. MAYOR CARL R. GERLACH Mayor Gerlach recognized the Shawnee Mission Government class and a Social Studies class from Antioch Middle School. PROCLAMATION Proclaiming the week of May 15 through May 21, 2005, as National Public Works Week in Overland Park. Mayor Gerlach presented a proclamation proclaiming the week of May 15 through May 21, 2005, as National Public Works Week in Overland Park. He encouraged citizens to acquaint themselves with the citizens involved in civic organizations regarding issues involved in the City s Public Works Department and to recognize the contributions made. COUNCIL PRESIDENT GEORGE KANDT REPORT FROM COMMITTEE-OF-THE-WHOLE MEETING HELD MAY 16, 2005: Vacancy in Ward Three Council Position Council President George Kandt explained that the Committee of the Whole met earlier this evening to interview two candidates for the Ward Three vacant Council position. He felt both candidates, Mr. Brad Stratton and Mr. David White, were very qualified and appreciated their commitment to serve in the community. The Committee of the

2 Page 2 Whole recommended to the Governing Body the appointment of Mr. David White to fill the Ward Three Council position. Mr. Kandt moved to appoint Mr. White to fill the Ward Three Council position. Mr. Terry Goodman seconded the motion, which carried by a vote of 10 to 0. Mr. White was sworn in by City Clerk Marian Cook to serve as one of the Ward Three Councilmembers. Mr. White accepted the Ward Three Council position and introduced members of his family. CITY MANAGER JOHN M. NACHBAR No report. CONSENT AGENDA FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT STAFF ITEMS COUNCIL MINUTES February 14, EXPENDITURE ORDINANCE NO. 5A Outlining the expenditures from the General Operating Fund for April 21 through May 4, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 5B Outlining the expenditures from the Capital Projects Funds for May 5 through May 11, APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE RCFC of Kansas, Inc., d/b/a BD s Mongolian Barbeque, W. 95th Street, Chris Cozzi, manager. APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES CONTINGENT ON RECEIVING STATE LICENSES: King Louie Lenexa, Inc., d/b/a AMF College Lanes, College Boulevard, David H. Ahlstrom, new manager. Talk of the Town, Inc., d/b/a Talk of the Town Grill and Bar, W. 119th Street, Brian Rigsby, new manager. The Cheesecake Factory Restaurants of Kansas, L.L.C., d/b/a The Cheesecake Factory Restaurant, 6675 W. 119th Street, Chris Plattner, manager. APPLICATION FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSE CONTINGENT ON RECEIVING STATE LICENSE AND SPECIAL USE PERMIT King Louie Lenexa, Inc., d/b/a AMF King Louie West Lanes, 8788 Metcalf, William E. Mann, manager.

3 Page 3 APPLICATION FOR RENEWAL OF CLASS A PRIVATE CLUB LICENSE CONTINGENT ON RECEIVING STATE LICENSE Abdallah Temple Building Association, d/b/a Abdallah Temple Building Association, 5300 Metcalf, Robert E. Payne, manager. APPLICATION FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSE Sam s West, Inc., d/b/a Sam s Club #4707, 8300 W. 135th Street, John Ronald Festa, manager. APPLICATION FOR TEMPORARY PERMIT TO SELL CEREAL MALT BEVERAGE Overland Park South Rotary Club, for an event to be held June 10, 11 and 12, 2005, from 6:00 p.m. until 11:00 p.m., 9711 W. 109th Street, George M. Humphries, manager. PUBLIC SAFETY COMMITTEE ITEMS ACCEPTANCE OF GRANT Assistance to Firefighters Grant Fire Prevention and Safety Grant for the construction, delivery and purchase of a Safety House Trailer. PUBLIC WORKS STAFF ITEMS RESOLUTION NO Declaring 132nd Street to be a major traffic street; declaring the intention of the City to have improved such major traffic street and authorizing the issuance of general obligation bonds to pay the costs thereof. ORDINANCE NO. MTI-2549 Providing for the public improvement of a main trafficway Switzer, from 135th Street to 141st Street. ORDINANCE NO. MTI-2550 Providing for the public improvement of main trafficways the intersection of College Boulevard and Pflumm. ORDINANCE NO. MTI-2551 Providing for the public improvement of a main trafficway Nall, 143rd Street to 159th Street. ORDINANCE NO. MTI-2553 Providing for the public improvement of a main trafficway Metcalf, 99th Street to 103rd Street. ORDINANCE NO. MTI-2554 Providing for the public improvement of a main trafficway 135th Street, Metcalf to Nall and Switzer to Antioch. ORDINANCE NO. MTI-2555 Providing for the public improvement of a main trafficway 143rd Street, Antioch to Metcalf. Mayor Gerlach asked if there were any Consent Agenda items that needed to be removed for separate discussion.

4 Page 4 Mr. Kandt moved to approve the Consent Agenda as presented. Ms. Marcia Gilliland seconded the motion, which carried by a roll-call vote of 10 to 0. REGULAR AGENDA FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT Mr. Janson, Vice Chair No report. STAFF REPORT No report. COMMUNITY DEVELOPMENT COMMITTEE REPORT Terry Goodman, Chair No report. STAFF REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Terry Happer Scheier, Chair No report. STAFF REPORT No report. PUBLIC WORKS COMMITTEE REPORT Marcia A. Gilliland, Chair No report. STAFF REPORT AGREEMENT HNTB Corporation for engineering services for 159th Street and U.S. 69 Highway interchange, subject to Law Department approval. Public Works Director Doug Brown presented an agreement with HNTB Corporation for engineering services for 159th Street and the U.S. 69 Highway interchange in the amount of $232,954, which will be subject on the Law Department approval.

5 Page 5 Ms. Gilliland moved to approve the agreement with HNTB Corporation for engineering services for 159th Street and the U.S. 69 Highway interchange as presented by staff. Mr. Fred Spears seconded the motion, which carried by a vote of 10 to 0. RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA SPECIAL EVENT PERMIT NO Sprint Parkway. A special event permit is requested to allow various events throughout the year for the Sprint Corporation. Application made by Vera Glenn. SPECIAL EVENT PERMIT NO Dearborn. A special event permit is requested to allow a professional golf tournament and related activities at the Lionsgate Golf Course from June 6, 2005, through June 12, Application made by Nicklaus Golf Club, L.P. ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Deer Valley Second Plat, vicinity of 159th Street and Bluejacket. Application made by Schlagel & Associates, P.A. The Planning Commission approved this item on April 25, 2005, by a vote of 10 to 0. SPECIAL USE PERMIT NO Metcalf. A special use permit is requested for a two-year period of time for the renewal of a temporary bank facility. This property is currently zoned CP-2, Planned General Business District. Application made by First National Bank of Johnson County. The Planning Commission approved this item for a two-year period of time on April 25, 2005, by a vote of 9 to 0. Ordinance No. Z-3141 SPECIAL USE PERMIT NO Kenneth Road. A special use permit is requested for an indefinite period of time to allow expansion of the existing Blue River main wastewater treatment plant. This property is currently zoned IP-2J, Planned Industrial District, Johnson County. Application made by Black & Veatch Corporation. The Planning Commission approved this item on April 25, 2005, by a vote of 9 to 0, for an indefinite period of time. Ordinance No. Z-3142 REZONING NO Vicinity of the northwest corner of 129th Street and Quivira. Rezoning requested from R-1, Single-Family Residential District to RP-OS, Planned Open Space Single-Family Residential District to allow a singlefamily subdivision. Application made by Phelps Engineering, Inc. The Planning Commission approved this item on April 25, 2005, by a vote of 10 to 0. Ordinance No. Z-3138 REZONING NO Vicinity of the southeast corner of 151st Street and Quivira. Rezoning requested from RE, Residential Estates District, to RP-OE, Planned Open Space Estate Residential District, to allow an open space singlefamily subdivision. Application made by HNTB Corporation. The Planning Commission approved this item on April 25, 2005, by a vote of 8 to 0. Ordinance No. Z-3139

6 Page 6 REZONING NO Vicinity of the southeast corner of 159th Street and Quivira. Rezoning requested from RURJ, Rural District Johnson County, to R-1, Single-Family Residential District, to allow a single-family housing development. Application made by Phelps Engineering, Inc. The Planning Commission approved this item on April 25, 2005, by a vote of 8 to 0. Ordinance No. Z-3140 Mayor Gerlach presented the Planning Commission Consent Agenda items and asked if any items needed to be removed for separate discussion. Mr. Goodman requested that Rezoning No be removed for separate consideration. Mr. Kandt requested that Special Use Permit No be removed so that he could abstain from voting on that item. Manager of Current Planning Bob Lindeblad referred to the Planning Commission Regular Agenda and noted that the first two items, Acceptance of Deed of Dedication and Street Right-of-Way Vacation No , accompany Rezoning No and all three items should be continued to the June 6, 2005, City Council meeting. Mr. Kandt moved to approve the Planning Commission Consent Agenda excluding the following items: Special Use Permit No ; Rezoning No ; and Rezoning No Ms. Gilliland seconded the motion, which carried by a roll-call vote of 10 to 0. Mayor Gerlach referred to Special Use Permit No and asked for a motion. Ms. Gilliland moved to approve Special Use Permit No as presented. Mr. Dave Janson seconded the motion, which carried by a vote of 9 to 0 to 1. Mr. Kandt abstained. Mayor Gerlach referred to Rezoning No and asked for comments. Mr. Goodman stated that he had requested Rezoning No be considered separately, because there are a number of neighbors that live in the vicinity of that proposed rezoning who have expressed serious concerns relating to several different issues. The most important concern involves a required element of the plan that 129th Street be extended from its current terminus to Quivira. He noted that many of the neighbors that had significant issues were present and might wish to address the Council with their concerns. Mr. Lindeblad provided an overall view of the site, which is located south of 127th Street and west of Quivira. Heritage United Methodist Church is currently located on the site and owns much of the land. He also provided a picture of the City s Future Development Plan, which shows 129th Street as a collector street. The red portion on the map is the only portion that is not currently constructed. The proposed rezoning would include the construction of 129th Street, which would complete it throughout that portion of the City. He also pointed out where the existing collector streets were located in the vicinity. He noted that 133rd Street, which is sometimes called a reverse parallel access road or reverse frontage road, also acts somewhat as a collector street helping gather traffic within the neighborhood. At some point when

7 Page 7 the entire system is finished, there will be additional access roads out of the neighborhood to the south other than the limited streets to the south and east that currently exist. In order to get to Quivira from the incomplete 129th Street, one must travel through the residential streets, which were not designed as collector streets. Once the rezoning is completed, 129th Street will be the designated collector street. Mr. Lindeblad pointed out that the open space district requires a minimum of 30 percent open space, and there are required streamways that must remain open along the west property of the proposed tract. The nearest point the rezoned property is located from existing homes in Nottingham by the Green to the west is 160 feet away from those homes in the subdivision. The 160 feet of space increases in width going north and will always remain as open green space. He noted that at least one-third of the homes will back up to the open space. He noted that the Planning Commission unanimously voted to approve the rezoning request at their April 25, 2005, meeting. Mr. Daniel Stock asked about a crossing for a golf cart near the site. Senior Transportation Planner Mark Stuecheli stated that the golf cart crossing is located several hundred feet to the west of the proposed site, which was about one-quarter mile away. Mr. Goodman referred to a comment made in the staff report, which indicated that traffic volumes are not likely to experience any significant increase if 129th Street extends through. If there is no real benefit to handling increased traffic volumes, he asked what the compelling reason was for requiring that street to be extended other than the fact that it has been represented on the street map for 20 years as a completed collector street. Mr. Stuecheli stated there were two reasons to extend 129th Street. First is to have a connected and continuous collector street network in the City that allows for ease of movement throughout the City. Second, there is an existing street located to the south, which is 129th Terrace that joins in with Long and is the current defacto collector connection to Quivira. The speed limit is 25 miles per hour on that street, and all the driveways extend out to that street. Staff felt this was an undesirable situation to exist on a permanent basis, and that the collector street was always intended and designed to extend through and eventually relieve the traffic volume on that street. Mr. Goodman felt there was a precedent in the City for not extending collector streets and pointed out an example where a decision was made not to extend Lamar as a collector street through part of the Deer Creek subdivision. He also noted another example where a decision was made not to extend a collector street in Ward Six, south of 151st Street and England, which was included in a new subdivision. Mr. Stuecheli noted that the Lamar decision was tied directly to the Deer Creek Golf Course and was a desire by that developer to have a golf course that would not be interrupted by the collector street. There was also a proposed crossing at Tomahawk Creek, which would have been a very difficult crossing. When that occurred, the Master Plan was modified to eliminate the crossing of the collector street and a different layout was provided that outlined a continuous collector street network in the surrounding area. Another situation that occurred about a year ago involved a different situation where England was an unimproved roadway and only 24 feet wide without curbs, streetlights or sidewalks. Initially staff had recommended that the roadway go through, but late in

8 Page 8 the process staff felt it was not appropriate to make that connection. The distinction is that streets that are being connected in the current plan are built to collector street standards, and the collector street network was established before there were any houses built in the entire area. Mr. Goodman asked if staff had any concern about safety issues by extending 129th Street considering the number of front-loaded driveways and the golf cart path that exists. Mr. Stuecheli stated that staff had conducted an analysis and felt the golf cart path was similar to other golf cart crossings in the City, which have not been found to be a concern. There are other situations in the City involving collector streets that have a great number of driveways on them also. He felt in some cases, these situations occurred due to the builder who opts to connect corner lots to the collector street rather than the local street. In the current case, the golf course had some impact, but there are some other lots that have direct driveway frontage and their only access is the collector street. Mr. Stuecheli provided pictures of similar locations within the area south of I-435. He provided a picture of Nieman Road in the Nottingham subdivision located in the southwest quadrant of 119th Street and Switzer. There is a golf course located to the left, which shows lots with driveways directly fronting Nieman. There were a total of 57 lots located within a one-mile stretch in this area with 21 lots being corner lots, which was the builder s decision, but 36 lots front on Nieman. This is not an ideal situation, but it has been in existence for a while. A traffic study was conducted within the last couple of years for this area and no speeding problem was found along that section of roadway. He noted another situation at 139th Street between Antioch and U.S. 69 Highway. This section of roadway has 21 driveways that front the street and ten of those lots are corner lots. In this case, there were some issues with traffic speeds, and a traffic calming project was proposed for that area. He noted that there may not be a way to predict the result of connecting a roadway through an area or the impact of having lots fronting on the roadway. In the current case, the reason staff did not feel there would be an increase in traffic volumes is because a connection already exists and traffic is already making that maneuver. They would only be transferring traffic to the section. Mr. Goodman stated that the proposed collector street terminates at Pflumm and does not go west. Mr. Stuecheli stated that he did not feel the collector street had a connection into Olathe. Mr. Goodman felt the terminus for the collector street at Switzer was a relatively short segment for a collector street. If the collector street was not extended, he asked if staff felt it would have significant issues regarding the ability to move east/west traffic in the area from Pflumm to Switzer. Mr. Stuecheli did not feel the issue concerned a capacity problem, and stated that the extension of 129th Street provides an understandable connection for drivers traveling through the area, which also have the benefit of reducing traffic volumes on a local street that is currently carrying collector street traffic. Mr. Spears asked if 133rd Street would serve as the collector street for the one-mile stretch between 127th Street and 135th Street. Mr. Stuecheli stated that situation would not be accurate according to the way the collector street system has been established along 135th Street. He noted that there was a collector street located in the general vicinity of 129th Street, which runs east over to Switzer and then from Switzer to Antioch where there is another east/west collector street. On the section east of U.S. 69 Highway is a continuous collector street that runs parallel to the

9 Page 9 access street. The same continuous collector street system does not exist to the south because of the golf course located south of 135th Street. Mr. Spears asked if there would be any significant impact on the traffic currently going through the area once the street is extended, especially considering that Olathe East High School is located to the left and a middle school is located on the southern portion. Mr. Stuecheli did not feel there would be a significant traffic impact in that area. If someone is going to Olathe East High School, they are more likely to use the thoroughfares to access it from 127th Street. The speed limit on the thoroughfare is 45 miles per hour and 30 miles per hour on the collector street. The travel time should be shorter for drivers traveling up Quivira to 127th Street rather than cutting across that mile on the collector street. Staff does not feel there will be a tremendous increase in traffic at the middle school. With the exception of those two schools, staff feels a major traffic increase on 129th Street would be unlikely. When 133rd Street is completed, some of the traffic that is currently using 129th Street will be eliminated from there. The only access out for residents in this area is to go to 129th Street, but once the connection is made, residents will have another access to the south. Future improvements in this area are likely to have an offsetting effect if there is any increase in traffic on 129th Street in the short term, but staff feels those improvements will lower the traffic from those areas. Mayor Gerlach opened the public hearing. He stated that a full public hearing was already held regarding this item at the Planning Commission meeting and some brief comments could be made. Mr. Cord Maxwell, Polsinelli Shalton Welte Suelthous, PC, legal counsel appearing on behalf of United Methodist Church, stated that the land team, and representatives from Phelps Engineering were present. He explained that he would provide a background of the application. He explained that Heritage United Methodist Church is currently in the business of acting as a church, but also they have a strong and growing active membership that needs to fund an expansion of their church facility by raising funds to pay for the expansion. In the past, the church has acquired almost 24 excess acres around the outside of the church through land donations and contract purchases. The 24-acre property is a classic infill area, which presents opportunities and challenges. An opportunity they have found is the fact it is located in a vibrant area of Overland Park and amenities surround the property in an attractive neighborhood in Nottingham by the Green. There are other active church sites, open space, a golf course and neighborhood commercial development that will be coming to the south. The challenge this property presents is that it is a small piece of land and 24 acres is not a lot of land for a developer to work with. There are also stream corridors that run along the west side of the property and the stub streets of 128th Street and 129th Street. Mr. Maxwell stated that the church, members of their law firm and Phelps Engineering reviewed the opportunities and challenges and tried to come up with the best possible land use and worked with City staff to put a plan together to enhance the neighborhood and surrounding areas. Mr. Maxwell stated that they had decided on zoning the property Residential Planned Open Space District, which will allow them to have slightly smaller lots, but in return they must legally dedicate some open space for an indefinite time period. About 30 percent of open space will be required to be provided, but the applicant will actually be providing 31 percent. They will have about

10 Page lots in the development, which will not create an overly dense development. There will be 2.85 dwelling units per acre, which is a standard suburban residential density. Mr. Maxwell referred to the 129th Street issue and stated that the 129th Street connection was critical for access needed from Quivira to Monrovia, which will also provide access into the subdivision. The portion from Monrovia to the shared property line is not critical to the application, but it is critical in the fact that they could not plan their subdivision without working with the neighborhood, the community and the City. In working with the City, they looked to the Master Plan, staff and the City Council for guidance on these issues. According to the Master Plan and as staff has pointed out, 129th Street has been planned for over 20 years. The City s policy in the past has always been to provide collector streets at the half-mile interval between the mile thoroughfares, as well as the life safety issues of properly carrying fire, ambulance and police services into the neighborhoods. Mr. Maxwell referred to stipulations d and e, which will require the applicant to dedicate right-of-way and pay for the construction of the street. He pointed out that if the Council desired the applicant to cul-de-sac or stub out 129th Street before reaching the Nottingham by the Green Subdivision, this would be an accepted option and the applicant would offer it in their final plan. He agreed with stipulations a through h, as well and offered to answer questions regarding the proposal. Mr. Tom Murphy, President of the Nottingham by the Green Homes Association, stated that they had worked closely with the church and their development and felt comfortable with their plans. His main concern involved the 129th Street extension. He felt staff represented the reason very well as to why 129th Street needed to extend through the area. He felt this was a major concern since there is no way of predicting the outcome of how 129th Street will affect the neighborhood when it is extended through. He pointed out that the current City ordinance allows for minimizing the number of driveways on collector streets, but the current situation shows that number has maximized in the development. He felt they should not allow 129th Street to extend through the area until they can provide a way to protect the safety of the residents and citizens when the street opens. Mr. Murphy noted that 129th Street currently serves 2,000 cars per day, which is below the 10,000 number collector streets are designed to handle. He asked what the compelling reason would be to have 129th Street extend through the area. He pointed out that 129th Terrace only handles 1,000 cars per day, which is far below the required number for that street. He felt a traffic calming policy for collector streets was important to provide protection to the citizens due to the number of driveways on the collector street. Ms. Jannay Curnin, a resident of Nottingham by the Green, noted that they had surveyed the neighbors and discovered there were 50 frontloading lots with 43 driveways fronting 129th Street. She noted that they had formulated a petition stating their reasons and their position regarding 129th Street. Over the last 10 plus years 129th Street has functioned as a residential street that has 50 frontloading lots and 43 driveways located in the section from Century to Pflumm. There is also a golf cart crossing, which is located at a point where the speeds of vehicles build. If 129th Street was extended through the area, the concern would involve the increased speed of the vehicles traveling through that area. Due to the configuration

11 Page 11 surrounding the neighborhood around the golf course, 129th Street serves as the main access for neighborhood children to go to the pool and the tennis courts. Ms. Curnin felt 129th Street has served its function well and there was no compelling reason to change that street. Traffic studies have been conducted in the past to evaluate the speed of the vehicles at the location where most problems occur. She also pointed out that the number of accidents brought up in the traffic study is low, but that is why the street serves as a residential street. She felt that the new developer of the church had no objections to whether 129th Street was extended or not. She pointed out between 127th Street and 135th Street, City planning envisioned extending 133rd Street, which extends much further than 129th Street and deadends at Pflumm. She felt the reasons staff agreed to allow 129th Street to extend were due to efficiency of traffic flow, safety and speeding. Mayor Gerlach expressed his understanding of the need and want to not have 129th Street extend through since similar requests had been made numerous other times. Mr. Thompson referred to a comment made regarding the traffic study, which showed 2,000 cars traveling through the neighborhood per day. He also referred to the comment made regarding the fact that a collector street was designed to allow up to 10,000 cars per day, and he asked what the basis was for staff not anticipating a great increase in traffic. Mr. Stuecheli stated that the capacity of a collector street, which is a 36-foot wide street, allows 10,000 cars per day, but the only place they come close to that number is at Lamar in the northern part of the City where it is a continuous roadway for many miles and a parallel route to Metcalf. In the current case, this type of collector street would be found elsewhere in the City in looking at the volumes on 129th Street to the east where it is a continuous roadway. There are no high traffic volumes on other collector streets that represent a residential only/collector street without any major connections between them. The current site is fully developed, and staff does not expect any additional growth that will cause an additional traffic demand along that section of the roadway. Staff is looking at plans for a portion of 133rd Street, and they have learned that the developer has an interest in building the entire section through, but staff feels that is something that could happen fairly soon. Considering all the factors such as the land use, the location of 129th Street and the history elsewhere in the City, 129th Street will not carry a lot of traffic. There is an existing connection to Quivira that is available for use and staff feels rerouting traffic from the local street, which has a 1,000 per day limit, will reduce that number lower than it has in the past to carry the extra traffic. Staff does not anticipate that there would be any significant increase in traffic on 129th Street according to the land use and the arrangement of development in the area. Mr. Thompson asked staff what a significant amount of increased traffic would represent. Mr. Stuecheli did not feel staff could predict what the exact traffic volumes would be, and he felt a 10 to 15 percent increase would be a surprise. He did not feel there was an apparent reason why the traffic would increase in that area. Mr. White stated that he had heard the proposed rezoning request when he sat on the Planning Commission, and noted that he would vote only on the information submitted in the packet materials.

12 Page 12 Mr. Stock understood that collector streets were necessary to reduce the amount of response time from the Police and Fire Departments for the various communities impacted by the proposal. If 129th Street is not extended, he asked if any negative impact would result in their public safety ability. Police Chief John Douglass stated that he could not predict, without an analysis, what the specific impact would be on the area, but noted that collector streets and thoroughfares are essential for the Police and Fire Department s ability to move rapidly in response to what takes place. If every road was a residential type street, it would be extremely difficult for emergency personnel to get around. Ms. Gilliland moved to approve Rezoning No including all stipulations as presented. Mrs. Happer Scheier seconded the motion. Mr. Goodman stated that he would be voting against the motion and suggested that the item be remanded to the Planning Commission to consider approval of this project without requiring the specific segment of the collector street be connected. He opposed the motion, because there are two other nearby east/west connections at 133rd Street, which function successfully as a defacto collector street and 127th Street to the north. He felt these two streets were very capable of carrying the majority of the east/west traffic that is experienced in this neighborhood. He also felt that 129th Street traverses a limited distance from Pflumm to Switzer, and he did not feel it was necessary to carry a large volume of traffic over an extended portion of the City. Another reason he opposed the motion was that although it is an unusual, but not a unique situation for a collector street to have as many front loaded drives and to be crossed by a golf course cart path, he felt they would do everything possible to avoid a duplication of this type of situation in looking at the subdivision design. Mr. Goodman pointed out that staff has concurred with the fact that traffic volumes would likely not experience any significant increase after the extension is completed, which he felt raises the issue as to why it is necessary and the fact that precedence exists for not extending collector streets. For example, 151st Street and England, and at Lamar was not extended through part of the Deer Creek subdivision. He felt the developer of the open space subdivision has indicated that the extension of the proposed segment was not critical to the success of their subdivision as long as access is provided from Quivira to get to the residences that will be built. Mr. Spears agreed with Mr. Goodman s comments and stated he would vote against the motion. He felt there were some unique circumstances that apply to 129th Street. First, there are two major schools located to the west, and he felt 129th Street could become a connector. He felt drivers would end up taking 129th Street as cut through access instead of 133rd Street and 127th Street, which he felt would significantly increase the probability of an unsafe situation with the front loaded drives on 129th Street. He referred to a situation when they did not let 156th Street go through along with the England connection. One of the main reasons was that it was included as part of a horse trail and a golf cart crossing was located in the middle of the site. Horse and golf cart traffic is different from vehicle traffic, but they are still slow moving traffic crossing a major street. He felt this issue needed to be carefully considered. He referred to a comment made by a resident regarding the fact there was no traffic calming policy, and he felt that issue needed to be considered. He felt the most important issue was the in traffic in the area. If there would be no significant traffic increase, he saw no reason to move forward with connecting 129th Street.

13 Page 13 Mr. Stock supported the motion and felt the 129th Street connection was necessary from a public safety standpoint. He also felt it was important to support their system of collector streets and thoroughfares and the way they are trying to guide traffic. He agreed with Mr. Murphy s concerns regarding traffic speeds, especially with the problems they are having on 139th Street, as well as 133rd Street. He felt a traffic speeding problem could develop on 129th Street, because of the two-to-three-block ramp up that will be added. He also agreed with Mr. Spear s concerns and noted if the rezoning was approved and a traffic speeding problem develops, the City would not have any recourse or a way to deal with the problem without having a traffic calming policy for that type of street. The motion made by Ms. Gilliland to approve Rezoning No , and seconded by Mrs. Happer Scheier, carried by a roll-call vote of 9 to 2. Mr. Goodman and Mr. Spears voted in opposition. Mayor Gerlach asked about the status of Rezoning No Mr. Lindeblad stated that the applicant provided a memo last week stating their request for a continuance to the June 6, 2005, City Council meeting. He felt it was possible that applicant might return to the Planning Commission with a revised plan. Staff noted that the adjacent property owners were notified of the proposed continuance. Mr. Kandt moved to continue Rezoning No to the June 6, 2005, City Council meeting. Ms. Gilliland seconded the motion, which carried by a vote of 11 to 0. PLANNING COMMISSION REGULAR AGENDA ACCEPTANCE OF DEED OF DEDICATION West 153rd Street. Rick Pribyl, applicant, is requesting a Deed of Dedication for additional right-of-way be accepted. STREET RIGHT-OF-WAY VACATION NO West 153rd Street. Application made by Rick Pribyl. Ordinance No. VAC-2548 Mayor Gerlach referred to the Planning Commission Regular Agenda Items regarding Acceptance of Deed of Dedication at West 153rd Street and Street Right-of-Way Vacation No , and asked if these two items needed to be continued. Mr. Lindeblad agreed and stated that those two items were companions to Rezoning No and should be continued to June 6, Mr. Kandt moved to continue Acceptance of Deed of Dedication at West 153rd Street, and Street Right-of-Way Vacation No to the City Council meeting of June 6, Ms. Gilliland seconded the motion, which carried by a vote of 11 to 0. ALLEY VACATION NO West 151st Street. Application made by Myra McCorkendale. Ordinance No. VAC-2557 Mr. Lindeblad distributed a revised report and ordinance for Alley Vacation No , located at 6885 West 151st Street. He noted that staff had recently

14 Page 14 discovered a telephone line located within the alley; therefore, the alley will need to be reserved as a utility easement. The owner of the adjacent property is proposing that the alley be vacated, which would allow for better future development of the site at 151st Street. Staff has reviewed the application and found that the small portion of the alley would be appropriate for vacation, and the vacated right-of-way shall be retained as a utility easement as outlined in the revised stipulations. Staff recommended approval of Alley Vacation No as revised. Mr. Kandt moved to approve Ordinance No. VAC-2557 (Alley Vacation No ), 6885 West 151st Street, as amended by staff. Ms. Gilliland seconded the motion, which carried by a roll-call vote of 11 to 0. REVISED PRELIMINARY PLAN APPROVAL United Investors Park, vicinity of the southwest corner of Shawnee Mission Parkway and Lamar Avenue. Application made by Polsinelli Shalton Welte Suelthaus, PC. The Planning Commission approved this item on May 9, 2005, by a vote of 7 to 3. (Valid Protest Petition Received.) Mr. Lindeblad explained that at the May 2, 2005, City Council meeting, the Council returned the application from United Investors Park to the Planning Commission at the request of the applicant to consider making revisions to a proposed office building that is to be built on the United Investors Park campus at the southwest corner of Shawnee Mission Parkway and Lamar. He provided an overview aerial of the area, which shows the character of the neighborhood and the surrounding area of the southwest corner of Shawnee Mission Parkway and Lamar. Mr. Lindeblad referred to the United Investors Park location on the map and the building in question, which is the TWA two-story building. The four-story office building located to the west and the three-story building located to the southwest were constructed in the 1990s when this property was purchased and rezoned as an office park. The Cloverleaf office complex is located adjacent to the west on the south side of Shawnee Mission Parkway and was the first office park created in Overland Park. On the north side of Shawnee Mission Parkway in Mission, there is a small group of office buildings. Single-Family zoning is located across Shawnee Mission Parkway in Mission. Across Lamar to the east is the Kennett Place Townhome Development and single-family residences of Milhaven, and south of the complex is single-family residential in Overland Park. Mr. Lindeblad presented a slide presentation, which displayed a picture of the current approved zoning plan that was amended in 1998, which allowed for an expansion of the two-story building by 67,000 square feet. He noted that these expansions have never been built, including a three-story expansion to the west and a two-story expansion to the north and south. The current building is 115,000 square feet. There is 67,000 square feet of floor area that has been approved, but was never constructed on this building. The applicant is proposing to amend the plan and remove this building and build a 220,000-square-foot building, which is an increase of 38,000 square feet overall including the proposed building and the approved square footage for the entire office park, which is currently approved for 514,250 square feet of floor area. Mr. Lindeblad referred to the next slide, which outlines the original plan the Planning Commission reviewed and recommended denial of to the City Council. The original

15 Page 15 plan included an eight-story building located at the northeast portion of the site, which will be moved as close as possible to Shawnee Mission Parkway. This was the plan the applicant had agreed to revisit after hearing concerns about the height of the building. The next slide shows the revised footprint of the building showing the height of the building reduced to seven stories and is a little less than 8,000 square feet more, which provides a little more ground coverage on the site than with the previous building. The proposed building is 26 feet closer to Lamar on the east than the previous proposed eight-story building, but shows the relationship of the currently proposed building to the existing building that will be removed. The next slide shows a color rendering of the proposed plan, which includes a lower level entry into the basement for an inside dock and trash storage. Any deliveries to this lower level would come through the basement from the north, which would be well hidden from Shawnee Mission Parkway and Lamar. The parking structures would be located mostly at and below grade to the south of the building. The next slide shows the building elevations as amended. One of the elements the Planning Commission felt was significant was the reduction of the height of the building from eight to seven floors, as well as the penthouse, which is located on top. In the previous plan the penthouse was located on top, which encompassed the entire width and length of the building making it appear taller. Pulling back the penthouse and reducing the building to seven stories was shown in the revised plan presented to the Planning Commission for reconsideration. The next slide shows the opposite view in relationship to the existing buildings within the campus. The next slide shows the end of the site facing Lamar, which is where the Kennett Place residents would have a view of Shawnee Mission Parkway on the right, as well as the parking structures located to the west. The narrow portion of the building faces east. The portion facing west is in the detention basin that includes a glass wall that would be facing west. The final slide shows a section from Shawnee Mission Parkway, the lower level entry into the basement, the grade from where the building is located compared to how the parking deck is situated and its grade reference, as well as the opposite direction looking from Lamar showing how the parking is sunk in at a low level. There would be little impact on the views to the residents. Mr. Lindeblad stated that as part of the application process, the City required a traffic study be completed to analyze the impacts of the additional 38,000 square feet in the office park. Staff found through that analysis that the intersections studied for p.m. trips including the additional intersections fell within the desirable service level of D or better, which is a desired service level in the City. The increase in impervious area for the entire site will be 7,727 square feet, which is a result of the reduction of building height from eight to seven floors. The applicant had agreed at the Planning Commission meeting to submit a detailed storm drainage study to the City prior to any final development plans that would detail the impacts of that additional square footage of impervious area and how it would be handled with the new building and construction.

16 Page 16 The first Planning Commission meeting regarding this application was held March 14, 2005, when they sent the plan to the Site Plan Review Committee to consider the question of height. The Site Plan Review Committee reported back to the April 11, 2005, Planning Commission meeting that they felt an eight-story building was not appropriate at the proposed location. The Planning Commission voted 6 to 4 to recommend denial of the eight-story building, because they felt it was too tall. The revised plan included a seven-story building that was presented to the Planning Commission on May 9, After considerable discussion and input from the adjacent landowners and interested residents, the Planning Commission voted 7 to 3 to recommend approval of the revised plan stating the changes made in the plan to lower the building from eight to seven stories, and the change of the size of the penthouse made a significant impact in the reduction of the height of the building. The Planning Commission was also impressed with the high quality design of the building and that this project would be an asset to Overland Park particularly in the northern part of the City. The Planning Commission was concerned that if the site was not maintained with up-to-date redevelopment, it could become blighted, as well as depreciate the surrounding property values. The Planning Commission was supportive of the revised plan including stipulations a through e. Mayor Gerlach referred to the footprint of the building that had a 67,000-square-foot expansion in 1998 or 1999, and asked how that footprint including the expansion compared to the current footprint. Mr. Lindeblad stated that the existing building is 115,000 square feet. The plan shows the footprint without the proposed additions or expansion versus the new footprint. Ms. Gilliland asked about the width of the narrow portion of the building on the east side. Mr. Lindeblad stated that the applicant could provide that information. Mr. Janson pointed out that Mr. Lindeblad was quoted in the April 6, 2005, edition of the Kansas City Star saying that four stories is the maximum height for buildings in that office park. He understood that there were no height restrictions in CP-O zoning. Mr. Lindeblad noted that the only height restriction is the restriction approved on a specific plan for a site. The current plan that was approved in 1998 showed a fourstory building, which was the tallest building permitted in that CP-O zoning. He pointed out that there was no general height restriction listed in the City s UDO. The height restriction will represent whatever is approved and deemed an appropriate development. In 1998, the request for four stories was deemed appropriate for the site; therefore, the applicant could not raise the height unless they proceeded through a public hearing process again. Mr. Janson asked if a developer could eliminate what exists in United Investors Park and build a 500,000-square-foot office tower 25 stories high, if they could receive approval. Mr. Lindeblad agreed. Mr. Janson asked if a formal or informal agreement had ever been made only allowing four story structures to be the maximum height allowed in the office park. If there was a private agreement, Mr. Lindeblad stated he was not aware of that situation. Mr. Janson referred to Page 38 of staff s report, Table I, which indicates trip generation estimates of existing development and proposed development. The difference in total a.m. and p.m. average daily traffic is 64 percent, which represents the difference in total a.m. and total p.m. peak traffic. Page 39 explains the difference as a relatively modest increase in trip generation. Mr. Janson asked if double digit percentages represent a modest increase. Mr. Lindeblad stated that he was referring to figures compared between the proposed development and the existing development.

17 Page 17 Mr. Stuecheli pointed out that the traffic study compared the existing building and the proposed building, but did not take into consideration some existing square footage already approved for the site. Looking at that comparison, there were 117 trips in the p.m. peak hour and there was a major consideration in this particular area in reference to the entire office development. Considering the entire Investors Park project is two and a half times as large, the total trip generation numbers would likely be in the 800 range. If the analysis had looked at only the increase in square footage, the difference in trip generation would have been somewhat less. Mr. Janson stated that the a.m. peak hour traffic total of 142 trips represents the difference between the proposed development total of 352 trips and the existing 210 trips, which is an increase of 67 percent. Mr. Stuecheli stated that the existing development had slightly different traffic studies done, because, it was a vacant site that included comparisons of an undeveloped site to what might occur when the site is fully developed. He noted that the trip generation figures shown only compare the building and not the entire project. He felt the critical consideration is the impact on the surrounding street system. Staff is concerned when intersections with existing problems surround new development and have been shown to have a degradation in the level of service, especially when trips from a new development are added to that street network. In this particular case as the study showed, the level of service at the surrounding intersections is in the acceptable level of service D range with the existing traffic and the addition of the trips from the requested project. This is a situation where the consultant chose to compare the project to the existing building rather than to what had been approved, which would have shown a smaller percentage increase. Staff was not concerned about the impact due to the surrounding intersections operating at an acceptable level of service. Mr. Janson noted that in March of 1999, Shawnee Mission Parkway and Lamar was operating at a level of service F, and it was indicated at that time that any new construction in United Investors Park would further increase the number of trips impacting the surrounding street system. He asked how the level of service changed from level F to E when it is a known fact that traffic is not getting any better. Mr. Stuecheli felt this situation would represent an exception, because they have had several traffic counts taken in that area, and the 1998 counts are substantially higher on Shawnee Mission Parkway and on Lamar than the counts taken a year or two later and within the last year. He expected higher traffic volumes and anticipated that they would have potential problems when the traffic study was done for this analysis. The scope of work was extensive and included a review of not only Shawnee Mission Parkway and Lamar, but Shawnee Mission Parkway and Glenwood, as well as 65th Street and Metcalf. Staff also reviewed the project over the past few years and discussed it recently at their Public Works Committee meeting considering the potential for a full turning movement at Shawnee Mission Parkway and Glenwood. The study reviewed that entire situation and it indicates that the traffic counts observed represented less of a traffic concern than what they had in He stated when he visited the site during the p.m. peak hour and observed the traffic on Lamar, there was no significant queue of traffic, and there is no congestion issue at that location. All aspects were considered as to what the explanation might be for the change in service level from F to E, and staff could not find one other than the fact that several traffic counts done in the intervening years had shown a lower count than what was taken in 1998.