DRAFT OVERLAND PARK PLANNING COMMISSION MEETING. November 9, 2015

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1 DRAFT OVERLAND PARK PLANNING COMMISSION MEETING November 9, 2015 The Overland Park Planning Commission meeting was called to order at 1:30 p.m. by Mr. Mike Flanagan, Chair. The following members were present, constituting a quorum: Mr. Steve Troester, Vice Chair; Mrs. Janie Thacker; Mr. Tom Lance; Mr. Edward Ned Reitzes; Mr. George Lund; Mr. Bob Gadd; Mr. David M. Hill; Mr. Thomas Robinett; and Mrs. Kim Sorensen. Mr. Rob Krewson was absent. Also present were: Mr. Jack Messer, Director of Planning and Development Services; Mrs. Leslie Karr, Current Planning Manager; Ms. Gena McDonald, Assistant Chief Financial Officer; Mr. Tony Meyers, Engineering Services Manager; Mr. Keith Gooch, Senior Planner; Mrs. Danielle Hollrah, Senior Planner; Mr. Aaron DuBois, Planner; Mr. Cylus Scarbrough, Planner; Mr. Steve Horner, Senior Assistant City Attorney; Mr. Ty Nagle, Planner; Mr. Jason Hussey, Civil Engineer II; and Ms. Cindy Terrell, Recording Secretary. Approximately 25 people were in the audience. APPROVAL OF MINUTES August 24, 2015, and September 28, Chair Mike Flanagan presented the August 24, 2015, Planning Commission meeting minutes for approval. Mr. Edward "Ned" Reitzes moved to approve the August 24, 2015, Planning Commission meeting minutes. Mrs. Kim Sorensen seconded the motion, which carried by a vote of 10 to 0. Mr. George Lund moved to approve the September 28, 2015, Planning Commission meeting minutes. Mr. Thomas Robinett seconded the motion, which carried by a vote of 9 to 0 to 1, with an abstention from Mrs. Janie Thacker. NOMINATING COMMITTEE - Appointment of Nominating Committee for Planning Commission Officers. Chair Flanagan conveyed that his term of office would end on December 31, He recommended the appointment of Mrs. Janie Thacker to chair the nominating committee, with Mrs. Kim Sorensen and Mr. Bob Gadd to serve on the committee for nominating officers. Mr. Lund moved to approve the designation of Planning Commissioner Janie Thacker to serve as Chair of the 2016 Nominating Committee and Commissioners Kim Sorensen and Bob Gadd to serve on the committee to nominate officers for the upcoming year. The motion was seconded by Vice Chair Steve Troester and carried by a vote of 10 to 0.

2 Page 2 Chair Flanagan advised that the 2016 Nominating Committee would meet before the next Planning Commission meeting to choose their recommendations for the upcoming term. CONSENT AGENDA (Approved Consent Agenda Items A, B, C, D, E, F, G, J, K, L, M, N, and O; and continued Items H and I) A. FINAL DEVELOPMENT PLAN NO Zaxby's Restaurant - Vicinity of the northwest corner of 135th Street and Grant. Application made by Royal Chicken Holdings, L.L.C. B. FINAL DEVELOPMENT PLAN NO Corbin Park Building C2 Shell West 135th Street. Application made by Aspen Square, Inc. C. FINAL DEVELOPMENT PLAN NO Johnson County Arts and Heritage Center Metcalf. Application made by the Public Building Commission of Johnson County. D. FINAL DEVELOPMENT PLAN NO Ko Martial Arts (KOMA) - Vicinity of the northwest corner of 151st Street and Antioch. Application made by Ko Martial Arts (KOMA). E. FINAL DEVELOPMENT PLAN NO The Gables Expansion Nieman. Application made by AHG, Inc. F. FINAL DEVELOPMENT PLAN NO Quad Six Office Building West 110th Street. Application made by Vantrust Real Estate, L.L.C. G. FINAL DEVELOPMENT PLAN NO The Atriums West 107th Street. Application made by The Atriums Partners, L.P. H. FINAL DEVELOPMENT PLAN NO City Place Parcel VII Buildings 1 and 2 - Vicinity of the southwest corner of College Boulevard and U.S. 69 Highway. Application made by College 69 Associates, L.L.C. I. FINAL DEVELOPMENT PLAN NO City Place Parcel VII Buildings 3 and 4 - Vicinity of the southwest corner of College Boulevard and U.S. 69 Highway. Application made by College 69 Associates, L.L.C. J. FINAL DEVELOPMENT PLAN NO Gramercy Place - Vicinity of the northeast corner of Switzer and 96th Terrace. Application made by RJM Roofing. K. FINAL PLAT NO Coffee Creek Fifth Plat - Vicinity of the northeast corner of 167th Street and Lowell. Application made by DMP 159/69, L.L.C. L. FINAL PLAT NO Cherokee South Plaza 3rd Plat - Vicinity of the southwest corner of 95th Street and Antioch. Application made by T-L Cherokee South, L.L.C.

3 Page 3 M. FINAL PLAT NO Arbor View Fourth Plat - Vicinity of the northwest corner of 179th Street and Antioch. Application made by Arbor View, L.L.C. N. FINAL PLAT NO Bretton Second Plat - Vicinity of the northwest corner of 133rd Street and Kessler. Application made by LB Construction Services, L.L.C. O. FINAL PLAT NO The Gables Nieman. Application made by Kaw Valley Engineering, Inc. Current Planning Manager Leslie Karr explained that all of the Planning Commission Consent Agenda items were ready for approval, with the exception of Items H and I, which were being continued to the December 14, 2015, Planning Commission meeting. Regular Agenda item Nos. 2, 8, 9, 13, 14, and 15 were continued to the December 14, 2015, Planning Commission meeting. Regular Agenda item No. 3 has been withdrawn. Due to a conflict of interest with her employer pertaining to Items G and K of the Consent Agenda, Mrs. Sorensen said she would abstain from the vote. Mr. Edward "Ned" Reitzes moved to approve Consent Agenda Items A, B, C, D, E, F, G, J, K, L, M, N, and O as presented, including all stipulations and to continue Items H and I to the December 14, 2015, Planning Commission meeting. Mr. Robinett seconded the motion, which carried by a vote of 9 to 0 to 1, with Mrs. Sorensen abstaining. PUBLIC HEARING CAPITAL IMPROVEMENTS PROGRAM Application made by The City of Overland Park. Assistant Chief Financial Officer Gena McDonald indicated that the City had begun its planning for the five-year Capital Improvements Program (CIP) financial forecast. After today's public hearing, another public hearing would be held before the Council in regard to the CIP in December. A second public hearing will be held before the Planning Commission in the first quarter of A public hearing will also be held before the Council in the first quarter of 2016, before the final adoption of the CIP for budget planning purposes. Chair Flanagan opened the public hearing on the Capital Improvements Program. There was no response, and the hearing was closed. No action was required. REZONING NO West 143rd Street. Rezoning requested from R-1, Single-Family Residential District, to RP-4, Planned Cluster Housing District. Application made by 143rd Investments, L.L.C. (Continued) Planner Aaron DuBois informed that there was a public hearing on this application on June 9, The rezoning was approved by the Planning Commission and forwarded on to the City Council. The Council had concerns with some of the design aspects of the project, more specifically with density and how the setbacks transitioned to the single-family residences surrounding the properties. The item was remanded to the

4 Page 4 Planning Commission for further review. The applicant worked with the councilmembers in the associated ward and with concerned neighbors. Mr. Austin Chamberlin, representative for the applicant, 143rd Investments, L.L.C., 8666 West 96th Street, relayed that the applicant had met with nearly all of the Overland Park City councilmembers over the past month or more. Meetings were held with nearby neighborhood associations. The proposed plan is still undergoing changes from input as a result of those meetings. He asked for the item to be continued to the December 14, 2015, Planning Commission meeting. Mr. Tom Lance moved to continue Rezoning No , 8075 West 143rd Street, to the December 14, 2015, Planning Commission meeting. The motion was seconded by Mrs. Thacker and carried by a vote of 10 to 0. REZONING NO and West 110th Street. Rezoning requested from CP-O, Planned Office Building District, to RP-6, Planned High-Rise Apartment District, to allow senior apartments. Application made by 180 Holdings, L.L.C. (Withdrawn) REZONING NO Quivira. Rezoning requested from RRJ, Rural Residential District, Johnson County, to R-1, Single-Family Residential District, to allow the development of a single-family residential subdivision. Application made by Wilshire Farms, L.L.C. Senior Planner Keith Gooch indicated that the applicant was requesting a rezoning from RRJ, Rural Residential District, Johnson County, to R-1, Single-Family Residential District, to allow a single-family subdivision. The 4.63-acre tract is located at Quivira. The land to the north, south, and west across Quivira is zoned RRJ and has been developed as single-family homes. To the east, the land is zoned RP-OS, Planned Open-Space Single-Family Residential District. A vicinity map was presented. The applicant was requesting rezoning to an unplanned district, so no preliminary plan was required. All of the street network and engineering services will be decided at the time of platting. The Comprehensive Plan identifies this area as appropriate for Very-Low Residential Development, which means less than one unit per acre. The proposed rezoning request does not meet the unplanned district request; however, staff believes it to be an appropriate land use, given the proximity to the Quivira thoroughfare and the developing RP-OS subdivision to the east. The properties to the south and north might potentially be redeveloped in the same aspect of an R-1 development. Staff was recommending approval of Rezoning No , with no stipulations. Mr. David M. Hill addressed the comment made that the south and north properties could potentially be redeveloped in the same aspect. He felt it was important to scrutinize connectivity. Mr. Harold Phelps, representative for the applicant, Phelps Engineering, Inc., 1270 North Winchester, Olathe, Kansas, stated he was representing Wilshire Farms, L.L.C., the developer of Wilshire by the Lake, which is immediately located adjacent to the

5 Page 5 subject property. For all practical purposes, he said Wilshire Farms, L.L.C., contracted this piece of property for continuation of additional lots for Wilshire by the Lake. The applicant worked with staff on connectivity layouts that would provide access to the adjacent properties. Chair Flanagan asked if the street connection would extend into the existing Wilshire by the Lake subdivision. Mr. Phelps replied it would also be a part of Wilshire by the Lake and was being developed by the partnership of Wilshire by the Farms which developed Wilshire by the Lake. Chair Flanagan assumed the 158th Street stub would continue into the subdivision. Mr. Phelps said that was correct. Wilshire by the Lake is zoned RP-OS. Mrs. Thacker asked why the rezoning was not for RP-OS, similar to the Wilshire by the Lake development. Mr. Phelps explained that the Wilshire by the Lake development was originally zoned RP-OE, Planned Open-Space Estate District, and was later revised to RP-OS. The applicant viewed the zoning request as a continuation of the similar lot sizes already in place. He noted that 30 percent of open space on a 5-acre tract of land makes things difficult, and the applicant was utilizing the open space throughout the rest of the subdivision. Mr. Hill asked if the development timeline would be influenced by the rate at which the applicant acquired other surrounding properties. Mr. Phelps replied that was an option. Mr. Hill assumed the applicant would not develop this parcel of land, absent other parcels. Mr. Phelps said the request certainly influenced some of the surrounding property. Ideally, the other properties would start to fall in line. Chair Flanagan opened the public hearing on this item. Hearing no response, the public hearing was closed. Mr. Reitzes was in favor of the project and felt the location made sense. Mr. Reitzes moved to recommend to the Council approval of Rezoning No , Quivira, with no stipulations. The motion was seconded by Mr. Lund and carried by a vote of 10 to 0. REZONING NO West 91st Street. Rezoning requested from CP-1, Planned Restricted Business District, to CP-2, Planned General Business District, to allow retail uses. Application made by Phelps Engineering, Inc. Mrs. Karr indicated that the applicant was requesting a rezoning from CP-1, Planned Restricted Business District, to CP-2, Planned General Business District, at 6701 West 91st Street. The subject property is surrounded by a mixture of office, business park, commercial, and residential uses. The properties to the west and south are zoned BP, Business Park, for a mini storage warehouse facility currently under construction. The existing building to the south is zoned BP. The applicant was requesting rezoning of the existing property to allow golf cart sales to occur on the property. The applicant indicated that no outdoor display of the golf carts was intended. Based on the current parking ratio, the applicant could

6 Page 6 not park golf carts in the parking lot because it would reduce the current parking allowance. Mrs. Karr stated that the applicant provided an updated landscaping plan that met the current ordinance requirements. Staff included a stipulation which stated that before any additional work could be performed on the building, the landscaping had to be installed. The applicant recently performed exterior upgrades to the building under the existing zoning requirements and nothing additional was proposed at this time. Staff recommended approval of Rezoning No , 6701 West 91st Street, subject to stipulations a through d. Mr. Harold Phelps, representative for the applicant, Phelps Engineering, Inc., 1270 North Winchester, Olathe, Kansas, stated he was representing Mr. Frank Thompson, the property owner. Mr. Thompson owns the subject building and the adjacent building to the south. The idea for the operation is to be able to sell golf carts which require a rezoning to CP-2. The applicant worked with staff to bring the building to code requirements. They agree with stipulations a through d. Mrs. Thacker addressed the landscaping plan. The property is located inside one of the Vision Metcalf nodes. To the east at Glenwood there are residentially-zoned properties. She did not see an appropriate, aesthetically pleasing landscaping plan being presented. A good landscaping plan is important in these areas of the City. She hoped the minimum standards for street trees would be adhered to and some additional landscaping might be performed, particularly on the sides of Glenwood and 91st Street. Mr. Phelps responded that the applicant would work with staff on appropriate landscaping. Chair Flanagan opened the public hearing on this item. Hearing no response, the public hearing was closed. Mr. Hill asked if the property was platted. Mrs. Karr answered yes. Mrs. Thacker referred to the stipulation verbiage in the plan that addressed the landscaping plan. She was confused by the language and she asked if the stipulations should be adjusted to reflect the promise made by the applicant to work with staff on the plan. Mrs. Karr presented the updated landscape plan that had been submitted by the applicant. The plan presented was different from what had been included in the agenda packet material. It met the minimum requirements for street trees. Mrs. Thacker wanted some landscaping enhancements on Glenwood. Mrs. Karr assured her that staff would continue to work with the applicant on appropriate landscaping for the area. She asked Mrs. Thacker if she believed additional landscaping was needed, such as shrubs or ornamental trees. She noted that the plan being presented today met the set requirements for shade trees. Mrs. Thacker responded that the landscaping did not need to be extensive, but she felt that usually shrubs and ornamentals of some type are included in the landscaping plans for this area of the City. Mrs. Karr acknowledged that Mrs. Thacker's input was helpful. It would assist staff in their decisions on the type of landscaping to be included in the final plan. Mr. Troester moved to recommend to the Council approval of Rezoning No , 6701 West 91st Street, with stipulations a through d. The motion was seconded by Mr. Lund.

7 Page 7 Mrs. Thacker asked about parking the golf carts outside on the property. She recalled past restrictions with companies, such as lawn care centers, where piling issues occurred. She supposed that issue would be addressed on a complaint basis, if the applicant began to park the golf carts in restricted areas. Mrs. Karr stated the applicant indicated they would not park the golf carts on the property. The applicant would be unable to reduce the number of required parking spots. The motion carried by a vote of 10 to 0. REVISED PRELIMINARY PLAN NO Highlands Corporate Campus - Vicinity of the southwest corner of 107th Street and Nall. Application made by The Winbury Group. Mr. Gooch stated he would present this item and the subsequent item together, since they were closely related. They require separate motions. Mr. Gooch indicated that the applicant was requesting approval of a revised preliminary plan to allow a revision to an existing office development plan. The property is located in the vicinity of the southwest corner of 107th Street and Nall. The property is currently zoned CP-O, Planned Office Building District, and has been approved for a special use permit to allow a temporary trailer. The special use permit was requested for an indefinite period of time to allow a hospital. The hospital property is zoned CP-O. Mr. Gooch presented a vicinity map that was identical for both items. To the north is Shawnee Mission South High School. The property to the north across Nall includes three office buildings. To the west is I-435. The property is zoned RP-4, Planned Cluster Dwelling District. An aerial map of the property was presented. The drives off 107th Street will change from one-way access, which has been somewhat confusing to drivers in the past. The proposed plan will correct those issues. The Highlands Corporate Campus preliminary plan was approved in 2004 for a total of 340,000 square feet of office development. Building D is three stories in height, without a basement, and will serve as the hospital. Mr. Gooch presented the plans submitted by the applicant. He pointed out Shawnee Mission South High School, Nall, and I-435. Most of the surrounding land is already developed. The two biggest changes include the hospital and another 8,000 squarefoot building that currently has no proposed users. The drives from 107th Street were changed and the pond on the property was made smaller. Both drives will offer ingress and egress access from the development. A right-in-only turn lane was proposed at the eastern drive that leads onto 107th Street. Additional parking was provided in the plan. The hospital has a total of 118,000 square feet. It was originally approved for 60,000 square feet. Sixty beds are proposed for the hospital, which provides a first floor connection to Building C to the south. As part of the hospital, an oxygen tank will be constructed to the north of the building in a parking lot. The oxygen tank will be entirely screened by a brick masonry wall and will match the hospital building.

8 Page 8 The parking lots in both areas will be improved to allow for the changed access off 107th Street. The remainder of the existing drive system will not be changed in association with the buildings to the south and to the southwest. There will be a connection between Buildings C and D. At the time of final development plan, staff anticipates there could be an issue with drive lane widths along 107th Street. The City's recently approved Bicycle Plan shows the potential for new bike lanes on 107th Street. That will be determined at the time of final development plan and will be decided if reconstruction is necessary. Staff will work with the applicant to resolve that issue. Mr. Gooch said the materials for the hospital were proposed to match the existing buildings in the area. They are similarly designed buildings. He pointed out the connection between the two buildings on the slide. The view from the southeast showed a tower feature proposed for the new hospital. Staff recommended approval of Revised Preliminary Plan No , Highlands Corporate Campus, in the vicinity of the southwest corner of 107th Street and Nall, subject to stipulations a through g, and approval of Special Use Permit No , in the vicinity of the southwest corner of 107th Street and Nall, for an indefinite period of time to allow a new hospital, subject to stipulations a through m. Mr. Gadd asked if the connection between the two buildings would be enclosed. Mr. Gooch answered yes. Mr. Gadd asked if the connection would only involve the first floor. Mr. Gooch answered yes. Mr. Lance asked if the building would be a strong candidate for antennas, or if it had a high enough elevation to prevent the use of antennas. Mr. Gooch replied that the building would be three stories in height and higher than 35 feet. The applicant would be allowed the potential use of antennas. Mr. John Petersen, attorney, Polsinelli PC, 6201 College Boulevard, stated he was appearing on behalf of both the University of Kansas Hospital Authority and Highlands 4, L.L.C. He introduced Mr. Doug Weltner, Colliers International, who has lead development responsibilities for Highlands 4, L.L.C., the owner of the property that is the focus of the University of Kansas Hospital Authority in their continuing efforts to create a medical campus on this property. He also introduced Mr. Rick Embers, Pulse Design Group, and Mr. Justin Bridges and Mr. Paul Miller with Davidson Design Group, who were present to answer specific questions about the components of the project. Mr. Petersen said he had presented several times in regard to the existing medical office building and that the University of Kansas had undergone long-term lease functions and outpatient service functions. The smaller building, previously the A.G. Edwards and Sons building located on Nall, serves the administrative functions of the University of Kansas Hospital Authority. Having purchased an entity that operated the existing hospital on the site, they entered into a long-term lease with Highlands 4, L.L.C., and are currently operating that hospital facility. He noted the previous requests for temporary facilities on these properties. They promised to eventually come before the Planning Commission with a more permanent situation in regard to a continuation of a medical office building and outpatient services, with more in-bed and acute care-type facilities. He felt staff adequately addressed the site plan reconfigurations.

9 Page 9 Mr. Petersen addressed the possible concern for stormwater issues as they related to the downsizing of the pond. He explained that was an aesthetic element to the site and did not have any stormwater utilization. A traffic study was performed in relation to the additional requested square footage to accommodate the hospital. Staff reviewed the study and found the proposed changes for the street network would accommodate acceptable levels of service. The applicant reviewed stipulations a through g, as presented for Revised Preliminary Plan No , and stipulations a through m for Special Use Permit No , and found them acceptable. Mr. Lance asked for the project timeline. Mr. Petersen responded if these two items were to be approved, the applicant wanted to quickly move forward with the projects. The University of Kansas Hospital Authority relayed their dire need for operating rooms. He estimated construction activity would begin by the first or second quarter of Mr. Lund asked if there were any anticipated problems with emergency vehicles. Mr. Petersen replied that no emergency services would be provided on the property. The facility will not have an emergency room. The street network should operate at acceptable, and above acceptable, levels of service. He did not anticipate any constraints inherent with the site. Mrs. Thacker asked about the pavement markings for the pedestrian crossings to the entrances. Oftentimes, medical campuses can be confusing with the abundant amount of foot traffic. There appeared to be a drop-off lane at Building C. She hoped appropriate markings would be placed for pedestrians to indicate safe areas for pedestrians to walk or to alert drivers of major crossings. Mr. Petersen replied that the applicant spent a fair amount of time discussing those concerns with staff. The parking lot, in its existing condition, probably did not have the level of detail in implementation required today, in terms of safe passageway for pedestrians out of the parking fields. He pointed out that sidewalk markings were incorporated into the project. The marked crossings will redirect people out of the drive aisles. Vice Chair Troester asked if 60 beds would be adequate for the facility. He anticipated potential growth at this location and questioned capacity. Mr. Petersen replied that Mr. John McDonough, vice president, University of Kansas Hospital Authority, was unable to attend today's meeting, but he believed he could speak to that question. The proposed facility is not intended for acute care where a person would be placed for an extended period of time. KU Medical Center located at 49th Street and Rainbow in Kansas City, Kansas, would be a more appropriate locale for those types of patients. The property includes overnight beds, but those rooms are relatively for straightforward surgeries that may require a one-night or a two-night stay. It may also involve a person that is not recuperating fast enough from a day surgery and it is decided they should be kept overnight for observation. The applicant believes that 60 beds will be adequate for this location. If a person requires a longer bed stay, they will be transported to the Kansas City, Kansas, hospital facility. Chair Flanagan opened the public hearing on this item. Hearing no response, the public hearing was closed. Mr. Troester moved to recommend to the Council approval of Revised Preliminary Plan No , Highlands Corporate Campus, in the vicinity of the southwest corner of

10 Page th Street and Nall, subject to stipulations a through g. Mr. Reitzes seconded the motion, which carried by a vote of 10 to 0. SPECIAL USE PERMIT NO Vicinity of the southwest corner of 107th Street and Nall. Special use permit requested for an indefinite period of time to allow a new hospital. This property is currently zoned CP-O, Planned Office Building District. Application made by The Winbury Group. Chair Flanagan opened the public hearing on this item. Hearing no response, the public hearing was closed. Mr. Reitzes believed the use for the special use permit was appropriate in this instance. He felt the size of Building D was appropriate and fit in with the remainder of the campus. Mr. Reitzes moved to recommend to the Council approval of Special Use Permit No , in the vicinity of the southwest corner of 107th Street and Nall, for an indefinite period of time to allow a new hospital, subject to stipulations a through m. The motion was seconded by Mr. Gadd. Mr. Hill agreed with Mr. Reitzes that this was an appropriate use. Mr. Lance said he would vote in favor of the motion. He felt it was a very interesting development, although it was somewhat difficult for him to understand what the applicant was seeking. He asked for a response to his earlier question with regard to antennas. Mr. Petersen was sure if an antenna opportunity arose, that the hospital authority would evaluate it. The motion carried by a vote of 10 to 0. PRELIMINARY PLAT NO Indian Creek Campus - Vicinity of the southwest corner of 107th Street and Nall. Application made by Highlands Corporate Campus. (Continued) Mrs. Sorensen moved to continue Preliminary Plat No , Indian Creek Campus, in the vicinity of the southwest corner of 107th Street and Nall, to the December 14, 2015, Planning Commission meeting. Mr. Hill seconded the motion, which carried by a vote of 10 to 0. SPECIAL USE PERMIT NO Vicinity of the southeast corner of 159th Street and Pflumm. Special use permit requested for a 20-year period of time, to allow the renewal of a runway lighting system for aircraft navigation. This property is currently zoned A-J, Agricultural District, Johnson County. Application made by the Johnson County Airport Commission. (Continued)

11 Page 11 Mr. Lance moved to continue Special Use Permit No , in the vicinity of the southeast corner of 159th Street and Pflumm, to the December 14, 2015, Planning Commission meeting. Mrs. Thacker seconded the motion, which carried by a vote of 10 to 0. SPECIAL USE PERMIT NO Quivira. Special use permit requested for a two-year period of time to allow the renewal of a temporary business use. This property is currently zoned R-1, Single-Family Residential District. Application made by Ron Olberding. Planner Ty Nagle indicated that the applicant was requesting approval of a special use permit for a two-year period of time to allow a temporary business use. The subject property is located at Quivira. It is currently zoned R-1, Single-Family Residential District. The surrounding area is residential in character. Surrounding development includes single-family homes in Nottingham by the Green, Amber Meadows, Heritage United Methodist Church, Park Woods Presbyterian Church, and Bentwood Elementary School, all of which are zoned R-1, Single-Family Residential. The Kelly Reserve Apartments are located to the northwest of the property and are zoned RP-3, Planned Garden Apartment District. In 2013, the property experienced a fire. At that time, the City determined that proper zoning was not in place, even though the business had been in operation for a long period of time. The applicant completed a two-year temporary special use permit to allow the business to remain on site. To staff's knowledge, the site is only being used for storage for distribution of a jam brace, which is the product sold by the applicant. The jam brace device attaches to the inside of door frames as a safety feature. The City requires this type of product to be placed in new single-family homes for security issues. The jam brace products are not manufactured onsite and the applicant occupies another business for the purpose of sale inside the city limits of Overland Park. Staff recommended approval of Special Use Permit No , Quivira, for a two-year period of time, subject to stipulation a. Staff informed the applicant that this would most likely be the last temporary special use permit supported by the City. Mr. Ron Olberding, applicant, Quivira, stated he ran his business out of this location. It is mainly for storage of the jam brace product. No product is manufactured onsite. He agreed to the two-year period of time and stipulation a. Mrs. Thacker was confused by the earlier statements from staff. The staff report indicated that the business activity included two to three employees, office space, and training and demonstration space. Her impression was that the special use permit was to only allow storage of the product. Mr. Olberding explained that an office is operated from the site and orders are received, filled, and delivered from this location. Mrs. Thacker asked how long the business had operated from this property. Mr. Olberding explained that he became involved in the business in 1997, when the City of Overland Park experienced break-ins in Morningview subdivision. At that time, he was approached by the Home Builders Association (HBA) and by the City to determine a way to secure home door units, specifically side-lighted door units. The

12 Page 12 office was not immediately located on the subject site but was used for storage purposes. The site is utilized to test door security products. Mrs. Thacker asked if the 2013 fire disrupted business activities and if the business was able to continue to operate out of the space after the fire. Mr. Olberding replied that the business was able to continue after the fire, although it was difficult. The fire damage has since been repaired. The City inspected the property after the repairs were made to ensure it met code. Mrs. Thacker acknowledged that Mr. Olberding did not request a permit to operate after the fire took place. Mr. Olberding said that was correct. He was not aware at the time that a permit was required to continue his operations. Mr. Reitzes asked the applicant if he was actively searching for an alternative location. Mr. Olberding answered yes. Mr. Reitzes asked if discussions had been held with a prospective landlord. Mr. Olberding answered no. He stated that one reason for the additional two-year request was because he had to hire an attorney since the insurance company was being difficult on the fire claim. He was expending more funds for attorney fees instead of focusing on acquiring a new place to lease for his business. Chair Flanagan opened the public hearing on this item. Hearing no response, the public hearing was closed. Mr. Robinett moved to recommend to the Council approval of Special Use Permit No , Quivira, for a two-year period of time, to allow the renewal of a temporary business use subject to stipulation a. The motion was seconded by Mrs. Sorensen. After the fire in 2013, Mrs. Thacker said that apparently the City became involved. She asked if it was unknown at that time if a business was being operated from this location. Mr. Nagle replied that the fire brought the business to staff's attention, which triggered the first special use permit. He believed the existing special use permit terminated at the end of the year and that the proposed application was up for renewal. Vice Chair Troester agreed with the motion. He asked the applicant to seriously consider finding another location for future business operations. The motion carried by a vote of 10 to 0. SPECIAL USE PERMIT NO Vicinity of the northwest corner of I-35 and I-635. Special use permit requested for a three-year period of time for the continued use of a billboard. This property is currently zoned MP-2, Planned General Industrial District. Application made by Outfront Media, L.L.C. Planner Aaron DuBois indicated that the applicant was requesting approval of a special use permit for a three-year period of time, to allow the renewal of a billboard. The subject property is located in the vicinity of the northwest corner of I-35 and I-635. The property is located close to the City limits and the county line of Wyandotte County. The billboard is visible from both I-635 and I-35. He traveled to the site. It

13 Page 13 appears that the applicant is maintaining the property and mowing. The pole has been painted. There were no visible signs of distress. The billboard pole has been in operation since Staff recommended approval of Special Use Permit No , in the vicinity of the northwest corner of I-35 and I-635, with no stipulations. Mr. Lund asked if the sign was lighted. Mr. DuBois believed there was uplighting on the face of the billboard. Mr. Lance asked if the sign was two-faced. Mr. DuBois answered yes. There are signs on both sides of the billboard. Mr. David Hyatt, representative for the applicant, Outfront Media, 2459 Summit, Kansas City, Missouri, stated that the applicant was in approval of the specified period of time for the special use permit. The sign was built in 1978 and had been in place since that time. The sign is illuminated. On a permanent basis, it advertises Temple Jewelers. The back face does not project any advertising. It merely blocks the inside of the sign. The sign is basically single-faced. Chair Flanagan opened the public hearing on this item. Hearing no response, the public hearing was closed. Mr. Reitzes moved to recommend to the Council approval of Special Use Permit No , in the vicinity of the northwest corner of I-35 and I-635 for a three-year period of time, to allow the continued use of a billboard. The motion was seconded by Mrs. Sorensen and carried by a vote of 10 to 0. PRELIMINARY PLAT NO Wheatley Village - Vicinity of the southeast corner of 127th Street and Benson. Application made by Terra Fina Properties, Inc. Mr. DuBois indicated that the applicant was requesting approval of a preliminary plat for a new single-family residential subdivision. The property is currently zoned R-1A, Small Lot Single-Family Residential District. He reminded the Planning Commission that at the September meeting they had been presented with an application to approve the rezoning of a piece of property at 127th Street and Benson from R-1 to R1-A. The subject property is a five-lot development. It will contain stream corridor and will be owned and maintained by the homeowners association. Four of the lots face Benson. Lot No. 1 will front 127th Street. City ordinance strongly opposes driveways located on thoroughfares unless there is no other option for street frontage. In this instance, it is the only option. The applicant will be required, under stipulation c, to have a half- moon or hammerhead designed driveway for the property that backs up to the thoroughfare. Mr. DuBois said staff reviewed the plat and found all major ordinance requirements had been met. Staff recommended approval of Preliminary Plat No , Wheatley Village, in the vicinity of the southeast corner of 127th Street and Benson, subject to stipulations a through r.

14 Page 14 Mr. Dan Foster, representative for the applicant, Schlagel and Associates, P.A., West 107th Street, said the property was an infill with four lots facing Benson and one lot facing 127th Street. Tract A contains the stream corridor through the area that is the responsibility of the homeowners association. The applicant was in agreement with stipulations a through r. Chair Flanagan opened the public hearing on this item. Hearing no response, the public hearing was closed. Mrs. Thacker moved to approve Preliminary Plat No , Wheatley Village, in the vicinity of the southeast corner of 127th Street and Benson, with stipulations a through r. Mrs. Sorensen seconded the motion, which carried by a vote of 10 to 0. PRELIMINARY PLAT NO Mills Farm Annex - Vicinity of the northeast corner of 167th Street and Quivira. Application made by Mills Farm Development, L.L.C. (Continued) Mrs. Thacker moved to continue Preliminary Plat No , Mills Farm Annex, in the vicinity of the northeast corner of 167th Street and Quivira to the December 14, 2015, Planning Commission meeting. The motion was seconded by Mr. Lance and carried by a vote of 10 to 0. PRELIMINARY PLAT NO Mills Ranch - Vicinity of the southeast corner of 167th Street and Quivira. Application made by Mills Farm Development, L.L.C. (Continued) Mr. Lund moved to continue Preliminary Plat No , Mills Ranch, in the vicinity of the southeast corner of 167th Street and Quivira, to the December 14, 2015, Planning Commission meeting. The motion was seconded by Mrs. Thacker and carried by a vote of 10 to 0. FINAL PLAT NO Mills Ranch - Vicinity of the southeast corner of 167th Street and Quivira. Application made by Mills Farm Development, L.L.C. (Continued) Mrs. Sorensen moved to continue Final Plat No , Mills Ranch, in the vicinity of the southeast corner of 167th Street and Quivira, to the December 14, 2015, Planning Commission meeting. The motion was seconded by Mrs. Thacker and carried by a vote of 10 to 0. PRELIMINARY PLAT NO Farnen Meadow Valley View Drive. Application made by Joan Chollet Farnen and James M. Farnen. Planner Cylus Scarbrough stated that the applicants were requesting approval of a preliminary plat for a single-family house. The.41-acre property is located at 8119 Valley View Drive. This property is currently zoned DFD, Downtown Form District.

15 Page 15 The applicant owns a house on the north portion of the lot and wants to divide the property into two separate lots. A subsequent final plat was included on the agenda. The applicant desires to eventually build a new house on the south portion of the property. Both lots conform to the dimensional requirements of the DFD. Other than a few technical issues, all ordinance requirements have been met. Staff recommended approval of Preliminary Plat No , Farnen Meadow, 8119 Valley View Drive, subject to stipulations a through c. Mr. Jerry Pruitt, applicant, Barkley, stated the applicant agreed to stipulations a through c. If the application is approved, plans would immediately commence for the new house. Chair Flanagan opened the public hearing on this item. Hearing no response, the public hearing was closed. Mr. Lund moved to recommend to the Council approval of Preliminary Plat No , Farnen Meadow, 8119 Valley View Drive, subject to stipulations a through c. The motion was seconded by Mr. Robinett and carried by a vote of 10 to 0. FINAL PLAT NO Farnen Meadow Valley View Drive. Application made by Joan Chollet Farnen and James M. Farnen. Mr. Scarbrough indicated that the applicant was requesting approval of a final plat for a single-family home. The applicant will dedicate an additional 5 feet of right-of-way along the southern portion of Valley View Drive. They will submit a Downtown Certificate of Conformity for the planned single-family house on the property. The application will be presented on a future Planning Commission agenda for consideration. Staff recommended approval of Final Plat No , Farnen Meadow, 8119 Valley View Drive, subject to stipulations a through c. Mr. Jerry Pruitt, applicant, Barkley, stated that the applicant agreed to stipulations a through c. Mr. Lund asked if the existing house on the property would remain the same and there were no planned additions or an increase to size of the dwelling. Mr. Pruitt said that was correct. Mrs. Thacker moved to approve Final Plat No , Farnen Meadow, 8119 Valley View Drive, subject to stipulations a through c. Mrs. Sorensen seconded the motion, which carried by a vote of 10 to 0. FINAL DEVELOPMENT PLAN NO The Lodge at Overland Park Apartments West 106th Street. Application made by Bryan Cave, L.L.P. Mr. Scarbrough stated that the applicant was requesting final development plan approval to allow for several deviation requests regarding an existing multi-family complex. The property is currently zoned RP-3, Planned Residential Garden Apartment District. This request is in relation to The Lodge at Overland Park

16 Page 16 apartment complex which was built in The property is located north of I-435 at 106th Street. The applicant was requesting a number of deviations, with regard to the existing setbacks on the property. The Lodge at Overland Park apartment complex currently has a number of nonconforming setbacks based upon the difference in subdivision and the zoning requirements that were put in place between 1983 and today. The applicant was requesting a deviation from the required setbacks between the existing buildings, and the side yard setback on the east boundary. They were also requesting a deviation from the building and parking area setback along the south portion of the property that is adjacent to I-435. A property survey was provided which highlighted the existing setbacks and pointed out where the nonconforming situations existed. In the case of public enemy or natural disaster, the applicant asked for the allowance to rebuild the apartment complex in its existing footprint. The nonconforming use provision of the Unified Development Ordinance (UDO) currently limits the amount of repairs that can be done to a nonconforming use to 50 percent of fair market value. Any improvements beyond 50 percent would fall under the current UDO. Staff was in support of the requested deviations. The applicant provided responses to the five criteria for a deviation. Staff was unaware of any negative impacts posed by the conditions. If the buildings were rebuilt, some building code issues might arise that the applicant would have to adhere to; otherwise, staff was supportive of allowing the buildings and parking areas to be rebuilt in the same footprint. Staff recommended approval of Final Development Plan No , The Lodge at Overland Park, 7575 West 106th Street, subject to stipulations a and b. Mrs. Thacker felt the request was somewhat unusual because requests of this nature were usually made on a per-case basis after an event had taken place. Mrs. Karr responded that the City has had situations where someone requests a clear title for a property and proactively asks the City for a deviation. She believed that was the case with this request. Mr. Michael Humphrey, attorney, Bryan Cave, L.L.P., 1200 Main, Kansas City, Missouri, stated he was representing The Mandel Group, a prospective purchaser of the subject property. In connection with his client's due diligence and with respect to the property, they identified the current legal nonconforming conditions of the property because of the concern about the possible hardship of reconstructing the property not within the current footprint. Mr. Humphrey explained that to reconstruct the property under a different footprint might create other violations with respect to setback. In order to remain in compliance with current City code, they might have to reduce building sizes, which would result in a loss of units and a hardship on the property owner. They would experience problems during reconstruction and endure the cost of a fair amount of money. The applicant was in agreement with stipulations a and b. Mrs. Thacker asked what made this request unique in the sense that it had to be done now. Mr. Humphrey explained that the setback rules under the current code had become an impairment to the marketability of the property. That impairment has dramatically affected the marketability of the property. His client is a prospective purchaser who is currently under contract. The application was filed with the consent

17 Page 17 of the current property owner. It is a dramatic issue with respect to his client's willingness to acquire the property. Mr. Reitzes agreed with staff's position, as well as with the applicant's. He felt it would be a major imposition on the applicant if the deviations requested were not granted. Mr. Reitzes moved to approve Final Development Plan No , The Lodge at Overland Park, West 106th Street, with stipulations a and b. Mr. Robinett seconded the motion. Mrs. Thacker stated there were any number of properties within the City that have been developed before 1983 and could easily make the same request. She understood the conditions involved with the possibility of losing units in the event the apartment complex needed a rebuild. Mr. Scarbrough explained that the property owner would not be allowed to rebuild if they intentionally demolished the complex. This request would only apply to public enemy or natural disaster cases. Mrs. Thacker was unsure why this request had occurred at this time. Previously, these types of deviations were requested as an afterthought. Mr. Scarbrough responded that the setbacks along I- 435 for building and paved areas can be as low as 5 feet if approved by the Planning Commission and by the Governing Body. That is a current provision of the UDO. The deviation would have to specifically be requested, but it is doable and was a point of clarification to the issue. Mrs. Thacker asked if this request would cover the entire property. Mr. Scarbrough replied that it would cover the deviations being specifically requested. It would only allow the 5-foot setback adjacent to the interstate. Mr. Hill was in support of the motion. He stated the reason the applicant asked for the deviation was because of a financial transaction that could potentially change ownership of the property from one entity to another. The new entity wants reassurance. Stipulation a specifically addressed that the deviation would not apply in the case of intentional demolition or redevelopment. The motion carried by a vote of 10 to 0. FINAL DEVELOPMENT PLAN NO Highland Ridge Apartments Perry. Application made by Bryan Cave, L.L.P. Mr. Scarbrough indicated that the applicant was requesting final development plan approval to allow for several deviation requests regarding an existing multi-family complex. The property is located at Perry. It is currently zoned RP-3, Planned Residential Garden Apartment District. The property is located at the northwest corner of the intersection of 119th Street and Switzer. The applicant is requesting a deviation from the side yard setback adjacent to I-435. The current UDO requires a setback of 40 feet. The buildings currently have closer to a 24-foot setback. Part of the request was due to the expansion of U.S. 69 Highway. The current UDO allows the Planning Commission and the Governing Body to approve a setback as low as 5 feet for any buildings or paved areas as part of a preliminary or final development plan.

18 Page 18 U.S. 69 Highway has encroached since the subject property was built in The applicant would like to rebuild in the same exact footprint in the case of public enemy or natural disaster. Staff recommended approval of Final Development Plan No , Highland Ridge Apartments, Perry, subject to stipulation a. Mr. Michael Humphrey, attorney, Bryan Cave, L.L.P., 1200 Main, Kansas City, Missouri, stated this was a similar application to the prior request on the agenda. It was being driven under similar circumstances. He represents The Mandel Group, with respect to its proposed acquisition of the subject property. The request involved an investment that requires certain assurances with respect to the maintainability of the property if falling to casualty. With the current configuration of the property, reconstruction in any place other than the existing footprint would be problematic, with respect to the relationship of any of the existing buildings to one another. It would result in significant hardship for reconstruction with respect to the reduction of the number of units and many other associated costs if the property owner was not able to reconstruct in the same footprint following a casualty. The applicant was in agreement with stipulation a. Vice Chair Troester moved to approve Final Development Plan No , Highland Ridge Apartments, Perry, subject to stipulation a. The motion was seconded by Mr. Hill and carried by a vote of 10 to 0. Mrs. Karr reminded the Planning Commission of the Mayor's Volunteer Reception to be held on November 10, 2015, at 5:30 p.m. at the Overland Park Convention Center. The next Site Plan Review Committee meeting will be held on November 11, 2015, over the lunch hour. Chair Flanagan declared the meeting adjourned at 2:57 p.m. Minutes transcribed by Cindy Terrell. Mike Flanagan, Chair