1. APPLICANT: Polsinelli, Shalton & Welte is the applicant for this request.

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1 5. REVISED PRELIMINARY PLAN APPROVAL - THE RETREAT AT MAPLECREST - Vicinity of the northeast corner of 159 th Street and U.S. 69 Highway 1. APPLICANT: Polsinelli, Shalton & Welte is the applicant for this request. 2. REQUESTED ACTION: The applicant is requesting a Revised Preliminary Plan Approval to allow a 212-unit townhome development. This plan is a substantial change from the approved plan, therefore, a public hearing is required. 3. LOCATION: The subject property is located at the northeast corner of 159 th Street and U.S. 69 Highway. 4. EXISTING ZONING: This property is currently zoned RP-3, Planned Garden Apartment District. 5. ANALYSIS: a. DEVELOPMENT PLAN: The applicant is requesting a Revised Preliminary Plan Approval for a 212-unit townhome development at 159 th Street and U.S. 69 Highway. The proposed density is 9.95 dwelling units per acre. This property is currently zoned RP-3 for a 296-unit garden apartment complex. The site plan indicates an urban type development with rear entry garages for each unit, onstreet parking and a central green. The central green is 1.3 acres in size and is primarily an open space, but will also accommodate the clubhouse and pool area. The central green is connected to the townhomes through a series of pedestrian walkways. The walkways also connect to the greenway linkage on the west side of the property and the hike/bike trail on the south and east. The previous plan required a 50-foot setback with a minimum of 65 evergreen and 25 deciduous trees along the northern property line from the adjacent single-family development. The proposed plan reduces the setback to a minimum of 30-feet and provides a variety of landscaping materials in excess of the total number required by the previous stipulation. The staff is comfortable with this change to the site plan. The buildings are a combination of four, five and six-unit buildings and will be constructed of a mix of brick and siding, and stone and siding. The end units of most buildings are longer than the middle units, thereby limiting visibility from the main circulation drive to the rear. Some of the garages for the end units are side entry. The

2 townhomes are 2½ stories tall on the front and 3 stories tall on the rear, with an average building height of 28-feet. On land having a natural slope of 7 percent, the Planning Commission may approve 3 stories on the downhill portion of the development. The RP-3 district limits apartment buildings to a maximum of 2 stories and 30 feet in height. In order to allow the front of the buildings to be 2½ stories, a deviation is required. The Planning Commission or City Council may grant a deviation if they find that all the following requirements can be met: 1. That the deviation requested arises from a condition which is unique to the property in question, is not ordinarily found in the same zoning district, and is not created by an action or actions of the landowner or the applicant. 2. That the granting of the deviation will not adversely affect the rights of adjacent landowners or residents. 3. That the strict application of the provisions of this ordinance would constitute unnecessary hardship upon the landowner represented in the application. 4. That the deviation desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare. 5. That the granting of the deviation will not be opposed to the general spirit and intent of the ordinance. It is staff s opinion that because the height of the buildings is within the height limitation of the ordinance, the spirit and intent of the ordinance has been met. The developer is proposing a different overall development concept than has been typical in the City. The staff does not foresee any adverse impacts to adjacent property owners and recommends that the deviation be approved. b. TRAFFIC IMPACTS: The applicant, City staff, and Fire Department representatives have worked together, through numerous site plan alternatives, to arrive at the current Development Plan. Because of the unusual nature of this project design, substantial research was conducted, including a field analysis of the operation of fire

3 equipment on different street widths. All of the parties involved in the preparation and review of the plans are supportive of the current preliminary design. A few minor revisions may occur when a more detailed review of the specific drive and parking area geometrics takes place at the Final Development Plan and construction plan stages. Because 159 th Street is an unimproved roadway that is only 20-feet wide, city ordinance requires that the abutting property owner complete an interim improvement of the street to provide at least 24-feet of pavement width along the project s frontage. Staff has included a stipulation to that effect and also has included a requirement that an eastbound left turn lane be installed on 159 th Street at Foster, to accommodate vehicles turning left into the site. It should be noted that at the time that a Revised Preliminary Plan was approved for the property to the east (Super Wal-Mart) the developer of that site agreed to improve the roadside ditches along 159 th Street from Marty to U.S. 69, concurrent with the development of that site. Additionally, Marty Lane, from its current terminus to 159 th Street, was required to be constructed at the same time. It is possible that both developers may cooperate on the needed improvements to 159 th Street and the Marty Lane construction, but the city will not be involved in the determination of the extent of any joint construction project. c. ENVIRONMENTAL IMPACTS: The applicant has submitted a Waters of the US (including jurisdictional wetlands) determination stating that there are no Waters of the US on the proposed site. The applicant has submitted a stormwater management plan for the site, which indicates that detention will be required. Some minor revisions are required for the Stormwater Management Plan. The Final Development plans must show both the existing and proposed site grading at least 50-feet beyond the boundaries of this site. Slopes may not exceed 3:1 (horizontal to vertical). The Final Development Plan must show the proposed preliminary storm sewer plan (including connecting pipes and inlets). The grades along 159 th Street must match the proposed future grades of 159 th Street at the property line.

4 d. SITE PLAN REVIEW COMMITTEE: The applicant met with the Site Plan Review Committee on several occasions. Some concern was expressed regarding the use of one central green space, instead of breaking the green space up throughout the development. The Committee suggested several revisions to the plan including modifying the building layout to provide some variety to the building orientations, refining the on-street parking to address concerns raised by the Fire Department and Transportation staff and modifications to the building elevations. The Committee voted 2 to 0 to approve a density bonus based on the following criteria: Open Space 8.0% Attached Garages 2.4% TOTAL 10.4% 6. CONFORMANCE WITH THE MASTER PLAN: a. FUTURE DEVELOPMENT PLAN MAP: The Future Development Plan identifies this property for medium density residential uses. Therefore, the applicant s request is in conformance with the Future Development Plan. b. GOALS AND POLICIES: The staff has reviewed the plan for compliance with the Multi-Family Design Guidelines and the goals and policies of the Future Development Plan. It is staff s opinion that the proposed development meets the required design objectives. 7. STAFF RECOMMENDATION: The staff recommended approval of the Revised Preliminary Plan for The Retreat at Maplecrest subject stipulations approved by the Planning Commission. 8. PLANNING COMMISSION RECOMMENDATION: The Planning Commission considered this item at a public hearing on April 8, No one spoke at the hearing and the Commission voted 9 to 0 to recommend approval of the Revised Preliminary Plan for The Retreat at Maplecrest, subject to the following stipulations: a. That development shall be in accordance with Exhibit A (Site Plan), and Exhibit B (Building Elevations), which are filed in the office of the Planning Commission Secretary at City Hall, and which are incorporated by reference as if set out in full herein. In addition, the development shall follow and comply with all regulations and

5 standards of the City of Overland Park, unless specifically exempted by the Governing Body. b. Development on the site shall be limited to 212 units. c. Prior to the issuance of a building permit, the property shall be preliminary and final platted. d. The final details of the building elevations shall be subject to additional review at the time of Final Plan Approval. e. Grading must match the proposed future grading of 159 th Street at the property line. f. The location and geometrics of all driveways and parking areas are subject to review and approval by the Planning and Development Services Department. g. The number, location and geometrics of all driveways and parking areas are subject to review and approval by the Planning and Development Services Department. h. Concurrent with construction of any site improvements and prior to the issuance of any form of Certificate of Occupancy, the following improvements shall be constructed, subject to review and approval by the Planning and Development Services Department. Prior to issuance of a Site Development or higher-level permit, the Public Street and Storm Sewer Plans must be approved by the Engineering Services Division of the Planning and Development Services Department. 1. An interim eastbound left turn lane on 159 th Street at Foster. 2. Interim widening of 159 th Street to provide at least 24-feet of pavement along the project s frontage. 3. Marty Lane from its current terminus west of Metcalf Avenue to 159 th Street. i. The proposed parkland tract for the hike/bike trail, along U.S. 69 Highway, and the greenway linkages, along Marty Lane and 159 th Street, shall be dedicated in fee simple absolute, by Kansas Warranty Deed, to the City of Overland Park for public open space

6 and natural preservation areas at a time acceptable and/or requested by the Director of Parks and Recreation, and may contain a bike/hike trail. In addition to the Warranty Deed, the applicant shall furnish a Title Report and a commitment for title insurance. The Title Report shall show that the property is free of any current or future street assessments, property taxes and liens. Acceptance of the parkland is contingent upon an acceptable environmental assessment, which shall indicate that the proposed parkland is free of any hazardous waste, dump sites or any other harmful material. Written approval of construction easements shall be obtained from the City prior to any grading, tree removal, or installation of sewers and utilities within the parkland tract.

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