OVERLAND PARK PLANNING COMMISSION MEETING. March 22, 2010

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1 OVERLAND PARK PLANNING COMMISSION MEETING March 22, 2010 The Overland Park Planning Commission meeting was called to order at 1:30 p.m. by Mr. Richard Collins, Chair. The following members were present, constituting a quorum: Mrs. Janie Thacker, Vice Chair; Mr. Tom Lance; Mr. Edward Ned Reitzes; Mr. George Lund; Mr. John Brake; Mr. Bob Gadd; Mr. David M. Hill; Mrs. Kim Sorensen and Mr. Mike Flanagan. Mr. Steve Troester arrived at 1:55 p.m. Also present were: Mr. Bill Ebel, Director of Planning and Development Services; Mr. Bart Budetti, Senior Assistant City Attorney; Mrs. Leslie Karr, Current Planning Manager; Mr. Mark Stuecheli, Senior Transportation Planner; Mr. Keith Gooch, Senior Planner; Ms. Danielle Zeigler, Planner; Mr. Aaron Dubois, Assistant Planner; Ms. Pam Fortun, Civil Engineer II; Ms. Alysen Abel, Civil Engineer II; Mr. Jason Beske, Senior Planner; and Ms. Pamela Blaszyk, Recording Secretary. Approximately 30 people were in the audience. CONSENT AGENDA: (Approved) A. FINAL DEVELOPMENT PLAN APPROVAL Antioch Family Worship Center 5201 Antioch. Application made by Clear Wireless, L.L.C. B. FINAL DEVELOPMENT PLAN APPROVAL Mason and Hanger Parking Lot Expansion 7270 West 162nd Street. Application made by Mason and Hanger. Mr. John Brake moved to approve the Planning Commission Consent Agenda as presented. The motion was seconded by Mr. Tom Lance and carried with a vote of 10 to 0, including the vote of Chair Collins, who voted on all of the items. REZONING NO Vicinity of the northwest corner of 129th Street and Quivira. Rezoning requested from RP-OS, Planned Open Space Single-Family Residential District, to RP-3, Planned Garden Apartment District, to allow a multifamily project. Application made by Dennis J. Eskie and Associates. (Approved) Senior Planner Keith Gooch indicated that the applicant, Dennis J. Eskie and Associates, L.L.C., was requesting approval of a rezoning to RP-3, Garden Apartment District, to allow a multifamily project in the vicinity of the northwest corner of 129th Street and Quivira. The subject site is a 26.2-acre tract, which is currently zoned RP-OS, Planned Open Space Single-Family Residential District. To the north is Heartland Christian Fellowship, which is located on land zoned R-1, Single-Family Residential District, and further to the north of that site is 127th Street. Heritage United Methodist Church is located to the south and east of the application area, and further to the east is Quivira. Heritage United Methodist Church is selling the subject

2 Page 2 site to the developer. Amber Meadows, a single-family subdivision, is located across Quivira to the east. To the south of the subject site is a large R-1 zoned piece of property with a single-family house located on that site. Some of the right-of-way for 129th Street is being obtained from this property. The Nottingham by the Green subdivision, which is zoned R-1, is located to the west of the subject site. The subject site is designated on the Future Development Plan Map as low-density residential uses and public and semi-public uses, which would allow one to five units per gross acre. Additional goals and policies of the Comprehensive Plan are included in Staff Comments. This property is currently zoned RP-OS, which involves a plan that was approved in It shows 67 single-family units with open space around the site including a stream corridor. This plan has a density of 2.56 units per acre. Staff is asking for a cul-de-sac at the end of 128th Street. The applicant does not support this request. With the 2008 requested plan, the applicant proposed to rezone a piece of property to RP-5 on the eastern half of the site. The western half of the site was proposed to be RP-4. There was a total of 222 units on 26 acres for a density of 8.5 units per acre. The Planning Commission recommended approval of that application; however, the Council denied the request in January There was a total of 66 units in the RP-4 portion on the western half of the site and 156 units on the eastern half. These were a combination of two- and three-story buildings. Triplexes were located on the western half of the site. The closest point from the units to Nottingham by the Green was approximately 133 feet. The plan was ultimately denied by the Council. Referring to an aerial photo of the site, Mr. Gooch pointed out 127th Street to the north, Quivira to the east and where 129th Street would be connected from Quivira to the dead end that is in Nottingham by the Green. The proposed application includes 28 buildings in the complex with 228 units for a density of 8.68 units per acre. There were 222 units in the 2008 plan, so there is a density increase of.2 units per acre. The applicant is purchasing the subject site from the Heritage United Methodist Church, which is located to the southeast of the site. All of the proposed buildings would be two stories. There are three eight-unit buildings along Quivira. A combination of eight-unit and sixteen-unit buildings surround the courtyard. The courtyard has a combination of landscaping, sculptures and a gazebo. There is a tennis court, a pool and clubhouse located in the western half of the subject site. To the south of the clubhouse, there is a combination of sixunit and eight-unit buildings. Some of the units to the south also have attached garages. There is a large landscaped area on the southern half of the site. There is a sand volleyball court, and there are sidewalks throughout the site that connect to 129th Street and Quivira. To the west of the site is a portion of the stream corridor. The final development plan will include the landscaping in detail with the number of plants and the species of the plants to be used. The closest distance from a building on the subject site to Nottingham by the Green is approximately 105 feet, which is a reduction of approximately 28 feet from the previously requested 2008 plan. The rest of the buildings are several hundred feet away from single-family properties, with the exception of the building to the north of the clubhouse. There are detached garages throughout the development. The detached garages on the north side are within

3 Page 3 20 feet of the property line, which requires a deviation. Staff is supportive of this deviation request. The open space with this plan is approximately 45 percent of the gross acreage of the overall development or acres. There is a stream corridor deviation request, and staff is also supportive of this request. There are storm water treatment facilities along the sidewalk and the drives. Engineering services has looked at the plan, and they support the storm water treatment facilities. There will be more discussion of the plantings that will be in the storm water treatment facilities with the final plan. Mr. Gooch pointed out the area where staff is requesting a cul-de-sac at the end of 128th Street. The biggest reason for requesting the cul-de-sac is for fire safety. The Fire Department was adamant that there should be a cul-de-sac at the end of 128th Street. Staff reviewed the application against the new architectural design site standards that were adopted last year. Although this application was submitted before January 1, 2010, all requirements have been met with the new standards. The exterior finish materials for all of the buildings are a combination of stone, cementitious horizontal siding, wood trim and brackets, pre-cast trim and asphalt shingles. The detached garages will be made of the same materials. The applicant met with the Site Plan Review Committee, and most of the discussion regarded the architectural drawings. The applicant made some changes to meet the approval of the Committee. Mr. Gooch added that the plan includes a large amount of open space and a significant buffer from the single-family area to the west. There will be additional landscaping addressed with the final plan. The buildings are comparable in size and height to the single-family structures in the area. Staff feels that the buildings will fit in well with the neighborhood. It is unlikely that single-family residential would ever be developed on the subject site. Staff recommended approval of Rezoning No with stipulations a through v. Mr. Mike Flanagan asked why the cul-de-sac at the end of 128th Street was not included when Nottingham by the Green was platted. He understood that they wanted to carve out some area in the open space of the subject site to create a cul-de-sac for 128th Street for safety reasons. Mr. Gooch replied that the Fire Department is requesting that the cul-de-sac be constructed. It was not platted with Nottingham by the Green because the subject site was Master Planned as low-density residential when Nottingham by the Green was developed. It was assumed that 128th Street would be connected in the future. Since the site was not to be developed with singlefamily residential, and the street was not to be connected across the stream corridor, then a terminus was needed for the street for safety reasons. The best solution was to construct the cul-de-sac. Mr. Flanagan clarified that the applicant would pay for the cul-de-sac.

4 Page 4 Mr. Bob Gadd asked if the heavily treed area by the stream corridor was already in place. Mr. Gooch replied that some of the trees would be planted and some are in place. Mr. Lance indicated his support for the cul-de-sac at the end of 128th Street. He asked if a landscaped island would be in the cul-de-sac. Mr. Gooch replied that has not yet been decided. They would have to work with the applicant to make that determination. Mr. Lance asked what kind of monument or entry signs would there be off Quivira and 129th Street. Mr. Gooch replied that they have not discussed monument signs at this point. There are three access points, and they will all be gated with stone pillars. The details would be determined with the final development plan. They have not yet discussed the signage package. Mr. Lance asked if the church has discussed with the applicant the traffic issues that could arise with the two sites. Mr. Gooch replied that the church is selling the property. He assumed that the church is aware of the traffic impacts from the subject site, and they are agreeable to the combination of traffic and potential cut-through traffic. Mr. Lance asked if there were potential traffic problems, could they put an island on Quivira to allow only right turn in and right turn out movements. Senior Transportation Planner Mark Stuecheli replied that there is an existing median break that will remain on Quivira. Mr. Edward Ned Reitzes clarified that there are three detached garages off the 129th Street entrance. Chair Collins noted that Mr. Gooch had mentioned that this property would probably not be suitable for low-density residential. He asked if that opinion was based on the size of the site or current market conditions. Mr. Gooch replied that opinion is due to the amount of open space that would be required with this site. Almost half of the ground must be maintained as open space due to the stream corridor requirements and the amount of street improvements that would be required. The required open space would limit the number of homes that could be built on the site. Those factors led staff to believe that it was unlikely that a developer would purchase the site to develop it with single-family homes. Mr. Steve Troester arrived at 1:55 p.m. Mr. Korb Maxwell, attorney for the applicant, Polsinelli Shughart, PC, 6201 College Boulevard, indicated that he was representing Heritage United Methodist Church, the current owner of the site, and the proposed developer, Dennis J. Eskie and Associates, L.L.C. The character of the area is civic institutional and single family. The corridor also has some multifamily uses. The 26.2-acre site is wrapped around the Heritage United Methodist Church campus. To the north of the site is Heartland Christian Fellowship and the Edwards Campus. Nottingham by the Green is located to the west, and Amber Meadows is to the east across Quivira. The Quivira corridor also has multifamily uses. There are densities of 11.5 acres up to 16.5 units per acre in the area. After five years of work on this site, the owners and staff agree that the subject site will not be developed as single-family residential. This site is surrounded by institutional uses. It wraps around a relatively large church complex, and there is another church complex to the north. Of the 26.2 acres on the site, 8 acres must be

5 Page 5 dedicated to a stream corridor, which would leave 16 acres of developable land. A part of the remaining 16 acres must be used to complete 129th Street, which will be constructed at a significant cost. The cost for constructing 129th Street is keeping developers from having the ability to develop single family on this site. That is not a function of the decline of single-family development in the market. They began this process in They were marketing this property for single-family development in 2005 through 2007 when single-family development was flourishing. Even during that time, the high cost of the street kept the site from being developed with single-family development. They are proposing the added density to be able to complete the street, protect the stream corridor and productively use the site. Approximately one year ago, they presented a plan to the City that was somewhat similar to their current proposal. In late 2008, they presented a plan for multifamily on this site. That was the culmination of meetings with staff, neighborhood groups and adjoining property owners. The plan at that time was a split zoning plan. There was an approximate density of 8.5 units per acre. The western side of the plan had a low density of 3.8 units per acre and the eastern side of the plan had a density of 17.7 units per acre, which included three-story buildings. At that time, they also had the recommendation of the Planning staff and the Site Plan Review Committee. The Planning Commission recommended to the Council approval of the application with a vote of 10 to 1. Before the plan was presented to the Council, there was a protest petition filed by the neighbors. When they presented the application to the Council, they were denied approval of the plan with a vote of 9 to 4. The important point of that denial was that at every step in the process and even at the Council meeting, everyone agreed that the land use issue was settled, and multifamily was appropriate for this site. They understood the physical challenges there are with the site due to the stream corridor and the construction of 129th Street. The Council and neighbors had issues with the plan itself. First, they did not want three-story buildings and the density of the plan was out of character with the area next to Amber Meadows. They also did not like the RP-5 zoning. The Council sent the applicant back with a specific message to indicate that multifamily will work on the site, but the plan that was presented was inappropriate. They were told to change the plan to have two-story buildings. After one year of work, they are now presenting a plan that is similar to the previous plan, but it addresses the direction that was given to them by the Council. The buildings on the site are all two stories and the zoning for the entire site is RP-3. The buildings have a mixture of six-, eight- and sixteen-units. The density that is allowed in a RP-3 zoning is 12.4 units per acre. Throughout this area, there are densities of 11.5 units per acre up to 16.5 units per acre. The plan they are presenting has 8.6 units per acre, which is three units below the average density of other apartment complexes in this area and almost four units below the density allowed by the Overland Park code. When they are working on infill development, they have to take extra care and make sure that as they create the plan they are sensitive to the surrounding neighbors and property owners. They believe that they have done that through several different measures that were taken. They have provided the landscape buffer on the west side of the property, which was in the last plan and is being maintained in the current plan. They will plant many other native species of trees throughout the streamway corridor and they will plant a double row of 8 foot to 10 foot eastern red cedars along the western property line. The trees will provide an impenetrable visual wall in the

6 Page 6 summer and winter that will shield the view of the development from the neighbors to the west. With the additional plantings, they will have almost 1,100 trees and shrubs on the site plan. The developer is providing as much landscaping as possible throughout the site, especially on the western half of the site. The development team envisions that the main entrance for the site will be off Quivira and onto a drive that has two entrances into the site. A secondary entrance will be from 129th Street. They think that the main traffic will use the two entrances that are off Quivira and shared with the church. In addition, they will have a gated community and curved roads with street side parking. All of these factors will help to keep the traffic at a slow speed throughout the site. The proposed development is a high-quality product. The name of the development is Edinburough, and the architectural style is drawn from English Tudor character. The buildings have a high amount of masonry, high pitched roofs, and arched entrances. They worked with staff and their architects in considering the multifamily design guidelines and the code, and they meet or exceed every one of those requirements. The buildings also offer a high-quality product on the interior of the units with 9-foot ceilings, crown moldings, gourmet kitchens and fire places. They work throughout the site to create a welcoming ambiance with extensive landscaping, sculptures and pocket parks. The development will also have a number of amenities including a salt water pool. This will be one of the first multifamily products in Overland Park that institutes the best management practices (BMPs) in the storm water management code. They think this will be an advantage for the neighbors, the City and their project. Within all of the areas surrounding the park, the rain gardens will catch and clean the water. They also plan to use green building practices. They have not yet decided whether they will go through the Leadership in Energy and Environmental Design (LEED) process. However, they have already begun to think about the things that LEED asks for in the site design and products. When they were working with staff on the design of the site, a couple of items were incorporated that would help with the overall project; however, they required some deviations. The first deviation was to decrease the setback for their detached garages. The code calls for a 20-foot setback. In an attempt to maximize the green space on the site, they are asking the Planning Commission to grant the deviation request that has been supported by staff to allow the setback to be 11 feet. They believe that request is appropriate for a couple of reasons. First, it allows a better internal site layout, which maximizes the green space in their courtyard areas. Staff supports this deviation because the area where the 20-foot setback had been laid out was when R-3 was interacting with R-1. Traditional R-1 is single-family development. The property to the north is zoned R-1, but it is where Heartland Christian Fellowship is located, which is a civic, institutional use. They feel it is appropriate to have an 11-foot setback in that area, because no one is being harmed by that request. They are also requesting a stream deviation, which is outlined in Staff Comments. This deviation is to allow a wet detention basin to occur in a piece of the streamway corridor. In working with staff, they saw that there was little traditional streamway vegetation in that area and little to be gained by continuing to keep that area. They asked staff to allow them to create a wet detention basin in that area, and staff has agreed. They believe that is appropriate because the water quality that will be produced and released downstream will be improved because of the wet detention basin. They

7 Page 7 believe that this would meet the intent of the streamway corridor ordinance. They asked the Planning Commission to approve this deviation. Mr. Maxwell indicated his agreement with stipulations a through v with the exception of stipulation g. They were asking that stipulation g be removed, which is the requirement for the developer to build the cul-de-sac at the end of 128th Street. Although it is rare for a developer to indicate that they do not want another developed lot, they believed that for the benefit of the neighbors and the site, it would be preferable that the cul-de-sac not be built at this time. Nottingham by the Green has been served well with the dead end that has been there for years, and it can continue to work in that area. The dead end is only approximately 370 feet to the terminus, and it is visible from the other arterial road. It only serves six houses in Nottingham by the Green. The cul-de-sac will add cost to the proposed development and decrease some of the landscaping that they plan to provide on the western side. The cul-de-sac was appropriate when the subject site was intended to be developed as single family. Mr. Maxwell was of the opinion that the cul-de-sac would now be inappropriate since they are creating a multifamily product, and the large buffer area would be broken up by the cul-de-sac while providing little benefit. He asked the Planning Commission to forward this application without stipulation g. Multifamily is appropriate for the site. Staff and the Site Plan Review Committee are recommending approval of this application. This is a difficult site to develop. They have addressed those obstacles with a low-impact, low-density multifamily project. If the plan is approved, the construction of the development will begin almost immediately, and the street network will be completed with 129th Street. They will also provide almost $30 million in the construction of a high-quality product to Overland Park in the middle of this recession. This will provide a resolution regarding the use of this site for the church, the neighbors and the City. They meet all of the direction that was given by the Council when their previous plan was presented one year ago. Mr. Flanagan noted that Mr. Maxwell discussed the setbacks for the detached garages near the boundary with Heartland Christian Fellowship to the north. He asked if there is green space or a parking lot on the church side of the property line. Mr. Maxwell replied that the church office building is to the north of the property line. Mr. Flanagan asked if Heartland Christian Fellowship is in favor of this plan. Mr. Maxwell replied that the church was in favor of the last plan, and he believed that they would approve this plan as well. Mr. Flanagan was of the opinion that there should be a cul-de-sac at the end of 128th Street, although he would not require an island in the middle. He felt that the cul-de-sac could be constructed as economically as possible. He asked if this request is passed with stipulation g, would that be a deal breaker. Mr. Maxwell replied that they would address that issue with the City Council. Mr. Lance referred to the east side of the property where a drive enters the property and there is a long island separating traffic. He asked if the church understands that when people enter the parking lot, they cannot enter the parking that is in front of the building. Mr. Maxwell replied in the affirmative. Heritage United Methodist Church is a joint applicant, and they have followed every step of the process. The developer and the church have discussed the easements that will be necessary and the way the traffic will work. The church and the developer understand how the traffic will

8 Page 8 operate. Mr. Lance thought that the traffic pattern was a good idea because the traffic would exit Quivira, get on the property and move along, so they do not cause a backup of traffic on Quivira. Mr. Maxwell replied that is also how they view the traffic pattern. Mr. Lance asked about the timeline of the project. Mr. Maxwell replied that the project is a one phase plan. With the approval of the Planning Commission and Council, the construction will begin almost immediately. As single-family construction has decreased in the market, multifamily development has been one of the best asset classes in commercial real estate. They started this process long before the decline in the market occurred. However, they believe that they will be able to get financing for the project and move forward with construction in the short term. Mr. Lance clarified that he would prefer to have the cul-de-sac attached at the end of 128th Street. Regarding the drive off Quivira, Mrs. Janie Thacker asked how the property boundaries would be defined. She was thinking about private street maintenance issues and who would be responsible for what section of the street. Mr. Maxwell replied that there is a hard property line that runs through the property. They will have maintenance agreements and easements in place for the joint use of the drive as a condition of the sale of this property. All of the parties at the outset will know their responsibilities. They have almost a joint development team that is committed to making this project work. This should not be a long-term issue for the church or the apartment community, since they have worked together throughout the process. Mrs. Kim Sorensen asked if there will be a wrought iron fence around the entire property, since it is gated. Mr. Maxwell replied that the gates will be at the entrances to focus on vehicular traffic. They will not have a fence to stop people from walking to and from the site. The gates will be an aesthetic feature, and they will slow down traffic. But there will not be a fence around the entire property. Chair Collins noted that Mr. Maxwell alluded to the history of this property during his presentation. He asked how long this property has been vacant. Mr. Maxwell replied that the church acquired one piece of the property in 1998 and another piece in They ultimately concluded that they would not need the full site for church development and began to consider how the subject site could be a development piece in 2003 and They have been almost continuously marketing the property since Chair Collins asked when the subdivision to the left was developed. Mr. Maxwell replied that Nottingham by the Green was developed in the early 1990s. Chair Collins asked if the Council rendered an opinion on what the density should be for this site. Mr. Maxwell replied in the negative. They made several comments about the density of the project; however, the comments were focused on the split zoning. The eastern side of the plan had a density of 17.7 units per acre. Everyone recognized that for traditional multifamily in this corridor and throughout the City, the overall density of 8.5 units per acre was a low-density multifamily product. However, they felt that the eastern portion was too dense. They wanted the density to be spread out over the site. Chair Collins opened the public hearing regarding this item. Mr. Doug Livingston, Century, stated that many of the home owners in the surrounding neighborhoods relied on the Master Plan to determine what might be

9 Page 9 developed around their homes. They relied on the City to adhere to its own plan and manage the land in a way that maintains the integrity and harmony of the neighborhoods. They acted as responsible home owners and trusted that the City would follow the Master Plan and make rare exceptions, only when a clearly defined public need was proven. Mr. Livingston purchased his property with the expectation that single-family, low-density residential development would be developed on the R-1 and RP-OS zoned land adjacent to his neighborhood. He understood that when the Council rejected the previous rezoning request for this property, they indicated that something other than R-1 might eventually be approved for this site. While Mr. Livingston and his neighbors are not entirely happy with that possibility, they are not entirely unreasonable. However, they feel that it is a huge jump from the currently approved single-family, low-density zoning to the proposed multifamily zoning that would be located immediately next to a single-family development that has been in place for approximately 20 years. The old plan for the proposed project had approximately 222 units while the new plan has 228 units. The density has slightly increased and been shifted closer to Nottingham by the Green. In the previous plan, the development was approximately 135 feet from their property line and it consisted of three-unit villas. Now there would be eight-unit buildings that would be 105 feet from their property line. The old plan made more of a transition from single-family to high density RP-5. Now they feel that there is no transition, which is something the Council was concerned with at the last hearing. The communication between the church, the developer and Nottingham by the Green has been different this time. The first time the Nottingham by the Green residents who live within 200 feet of the subject site had an opportunity to see the new plan was only two weeks prior to the first scheduled Planning Commission hearing that was scheduled for February 8. This hearing has been rescheduled twice due to the incorrect information that they were given by the developer. They feel that their community of single-family, low-density residential homes is being threatened by the continual push and demands of a single landowner. If the City bends to the demands of the landowner, this will create a domino effect. He asked the City to show them where else multifamily is located on land that was previously zoned RP-OS that is directly adjacent to R-1 land. Mr. Scott Kalinoski, said he lives on 128th Street near the proposed cul-de-sac area. He heard the Council s comments about the fact that the subject site would likely be developed with multifamily. He did not feel that this plan represents what they heard that night. There were comments about the three-story buildings and the density. The density comments focused on the RP-5 portion of the plan, because everyone liked what was on the side next to Nottingham by the Green. The one benefit of this plan in comparison to the last plan is that there are no three-story buildings. However, there are parts of the plan that are worse in comparison. The distance from their property line to the proposed project has been decreased by 30 feet. The density that is near to their property line has increased. He feared that the increased density will create more traffic in their neighborhood in comparison to the previous plan. Mr. Kalinoski noted that Mr. Stuecheli previously stated that he liked the last plan because the density was concentrated on the northeast side of the property, and most of the residents would find it easier to transition onto Quivira. Now that the density has shifted towards Nottingham by the Green, he concluded that now there would be more traffic on 129th Street. With the last plan, everyone liked the three-unit villas. The proposed plan has apartment buildings with patios and balconies that will be facing

10 Page 10 the Nottingham by the Green homes. The square footage of the buildings may be the same, but the buildings do not reflect the character of the neighborhood. At the Council meeting, it was asked if a plan like this was considered by staff. In summarizing the minutes, Mr. Kalinoski stated that there were some discussions about going entirely to apartments, but the staff felt that it was important on the western part of the property to respect the adjacent single-family homes. They were not comfortable with having the whole site go to apartment development. They were more comfortable with getting a lower density product on the west end and concentrating the intensity more along the thoroughfare and in between the two churches. Mr. Kalinoski asked what has changed since then. The only difference he saw was that seven buildings had been decreased by 10 feet and the density was shifted. The Council had an issue with density. The developer has presented a plan with a higher density than the previous plan. There were 222 units with the previous plan and this plan proposes 228 units. There is a greater density with this plan, and the last plan was rejected by the Council. The Staff Comments indicate that staff was in favor of this plan because the stream corridor reduces the amount of homes that can be constructed on this site, which reduces the developer s return on investment. He was not aware that the investment was a consideration in looking at a plan. Mr. Kalinoski feared that the value of his home would be impacted by having apartments next to his property. One of the key factors is the price of the land. There is probably a plan for multifamily homes that would work on this site. It would require that he and his neighbors make a concession, which would be that the land would no longer be zoned R-1. The church would be required to make a concession. The church has indicated that this is their 25-year plan, and they need to match the revenue to fit in their 25-year plan. Mr. Maxwell has indicated that the motivation for the economics of the plan is 129th Street. He has asked that the City allow the site to be developed without constructing 129th Street. If all of the parties would compromise, they could find a plan that works. He was of the opinion that this is not the preferred plan. Mr. Kalinoski noted that there was a restrictive covenant on this property until 2007, and the individual, Mr. Basler, who lives on the site had indicated that any sale of the property was restricted to religious purposes. Mr. Kalinoski understood that there was still a restrictive covenant on 150 feet by 227 feet of land on the northeast corner of this property. The developer may not have plans to construct this project in phases. However, unless the developer has gotten an agreement from Mr. Basler that they can remove his house, there would be a house in the middle of this development as long as Mr. Basler lives there or until he passes away. On behalf of the home owners in Nottingham by the Green, Mr. Kalinoski was asking that this application be denied. No one else wished to speak, and the hearing was closed. In response to the public hearing speakers, Mr. Maxwell indicated that infill development is difficult, and this is a hard site. They have been dealing with the problems associated with this site, including the streamway corridor and 129th Street, for years. They have prepared plan after plan and spent hundreds of thousands of dollars in soft costs, and design costs and hours with staff to get this right. With the last plan, they began working with some unique features to provide three-unit villas for transition. The economics to make the project possible at that time required approximately 222 units, which made it possible to have the three-unit villas. The

11 Page 11 economics associated with the site have not changed today other than getting worse because of the commercial real estate conditions in the market. They still have to give up one third of the site for a streamway corridor, and they have to build 129th Street. The practicality of development on the site mandates that they must have a certain level of density. The only thing that could be done was to move the density across the site. They have tried to do that in the most respectful manner possible in light of the residents in the area, and they have provided all of the protections that the Planning Commission and the Council have found to be acceptable. This application is being presented after spending hundreds of thousands of dollars and years of trying to find the right plan. Chair Collins clarified that the applicant was agreeable to all stipulations with the exception of stipulation g. Mr. Flanagan stated that while he liked the previous plan for Edinburough, he liked the current plan more. It would be a more dense development, but he preferred the currently proposed layout. The plan provides a significant buffer area between what is being constructed and the R-1 homes to the west. He liked the idea that the buildings would be two stories and he also liked the architecture as proposed. Mr. Flanagan added that he would support this application with stipulation g. Mr. Troester noted that this was a challenging proposal both last time and this time. While they are sympathetic to everyone from the neighborhood who opposes the project, he questioned how long the effort to develop the site must last. He actually liked the last plan somewhat better; however, he also liked this plan, and he would support the application. Mr. Reitzes also indicated his support for the project. They could have developed either plan on the site. They have had an approved plan for single family on this site that has not come to fruition for a variety of reasons. He also thought that this kind of multifamily project would work well on the site. The applicant has done a great job in putting together a good plan. Although the density may be somewhat higher than it was before and it is in somewhat of a closer proximity to Nottingham by the Green, those differences are not appreciable. There is a significant amount of open space separating this project from Nottingham by the Green. The applicant has done an excellent job in separating their project from the adjacent neighborhood and providing as much buffer as can be reasonably expected given the constraints of the site. He was also in favor of the cul-de-sac at the end of 128th Street, from the standpoint of providing emergency services. In agreement with the comments from the other Commissioners, Mr. David M. Hill stated that he also supported the project. He liked a lot of the aspects of the previous application. As a member of the Site Plan Review Committee, they worked hard with the applicant on the previous plan and on the current plan. There are positive things happening with this development. While he appreciated the public hearing comments, when they take into account all of the factors, this is the best plan they have seen for the site. Mr. Hill moved to recommend to the Council approval of Rezoning No to rezone to RP-3, Planned Garden Apartment District, to allow a multifamily project with stipulations a through v. The motion was seconded by Mr. Flanagan.

12 Page 12 Chair Collins applauded the efforts of the public hearing speakers. He appreciated the fact that they took time out of their schedules to attend the meeting and make their comments. He preferred the previous plan, because they were shifting more of the density to the northeast corner along Quivira. They look at many applications where the density is shifted from one section to another as opposed to placing it all across the property. He agreed with the other Commissioners that this is a difficult piece of property to develop, and it has been vacant for a number of years. It would be difficult for anyone to develop this site. This Commission has been faced with this type of situation on prior occasions, and this falls into a category that he would entitle, Be careful what you wish for. If they deny this request, something else could be presented in a couple of years that would be less desirable than what they are seeing today. While this is not what he would have voted for the last time they looked at this site, he would vote for the plan this time. The Council has indicated that they are agreeable to a multifamily use with less height. This is a difficult site to develop and he was not sure what the next step would be if this plan does not progress. He appreciated Mr. Kalinoski s comments with respect to property values, but there is nothing before this Commission to substantiate the suggestion that the home values would decrease. There are many areas in the City where R-1 is next to apartment complexes. He was not aware of any decline in the value of those R-1 homes. Regarding the traffic concerns, the connection of 129th Street may be beneficial for the people who live in the eastern portion of Nottingham by the Green by providing another access to Quivira. Chair Collins indicated that he would support this application. The motion carried with a vote of 11 to 0. Mr. Gooch noted that this item would be before the Council on April 19, 2010, at 7:30 p.m. REZONING NO Switzer. Rezoning requested from R-1, Single-Family Residential District, to R-1A, Small-Lot Single-Family Residential District, to allow a small lot single-family residential development. Application made by Kenneth Purevich. (Approved) Senior Planner Jason Beske indicated that the applicant, Mr. Kenneth Purevich, was requesting approval of a rezoning to R-1A, Small-Lot Single-Family Residential District. The subject site is located to the north of 87th Street on Switzer. Mr. Beske added that Lenexa is located to the north and Maple Hill Park is located one block north of the property and to the east of Switzer, which is the Lenexa boundary. To the south is R-1A, to the east is RP-2 and RP-3, and office is located to the southeast. The R-1A to the south has been rezoned so that applicants can split lots. The current property is 120 feet wide. R-1, single-family residential, requires a minimum lot width of 70 feet. The applicant wanted to rezone the site to R-1A for the purpose of being able to split the lot. R-1A requires a lot width of 50 feet. In light of the general character of the neighborhood, staff was supportive of the request for R-1A and the lot split. Staff was recommending approval of Rezoning No with no stipulations.

13 Page 13 Mr. Beske clarified that Staff Comments indicated that the site was 3.7 acres in size. The land is actually a.37-acre site. Mr. Flanagan asked if they are demolishing the existing house on the site. Mr. Beske replied that the new house would be located to the north of the existing house. It will be a horizontally oriented home. Mr. Beske added that in driving by the site, he could see how it would be possible to place a horizontal type house in the proposed location. Mr. Kenneth Purevich, applicant, 8540 Switzer, indicated that he was planning to sell the house he currently lives in, and he wanted to continue residing in Overland Park. This was an opportunity to build a new house and remain in the City. Chair Collins opened the public hearing regarding this application. There was no response, and the hearing was closed. Mr. Reiztes moved to recommend to the Council approval of Rezoning No , to rezone to R-1A, Small-Lot Single-Family Residential District, with no stipulations. Mr. Hill seconded the motion, which carried with a vote of 11 to 0. Mr. Beske added that this item would be considered by the Council on April 19, REZONING NO Shawnee Mission Parkway. Rezoning requested from C- 2, General Business District, to CP-3, Planned Commercial District, to allow a used car dealership and detailing business. Application made by Polsinelli Shughart PC. (Approved) Mr. Gooch stated that the applicant was requesting approval of a rezoning to CP-3, Planned Commercial District, to allow a used car dealership and detailing business. The.33-acre tract is located at 7615 Shawnee Mission Parkway. Single-family homes are located to the south on land that is zoned R-1, Single-Family Residential District. The land to the east is zoned C-3, Commercial District, and developed with a commercial use. Across Shawnee Mission Parkway to the north are commercial uses zoned C-2 and C-3, and to the west are commercial uses zoned C-2. In 2001, the applicant requested a rezoning for this piece of land to allow a CP-3 zoning for the same use. It was determined at that time through some conversations with the applicant and documentation that was submitted by the applicant that he would be selling some new cars that would account for more than 50 percent of the sales. Therefore, he would be required to have a C-2 zoning. Over time, the amount of new cars that are sold has diminished, and he is no longer in compliance with the C-2 zoning. Therefore, the applicant is required to apply for CP-3 zoning to allow the used car dealership and the detailing business. The site plan that was submitted by the applicant shows the 1,738-square-foot building, which was one time used as a Jiffy Lube. A total of 12 parking spaces are provided on the site plan. One parking space is located along Shawnee Mission Parkway, several spaces are on the west side of the application area and one space is at the southwest corner. If this application progresses to the final plan, they will work out the cross access to the property to the west. Currently, there is a driveway to access both sites. There is a curb that would prevent access to the east. Staff is working with the applicant to get

14 Page 14 the access easement for any future redevelopment opportunities or just to allow for cross access. The applicant is planning some improvements to the site. The applicant plans to place two street trees on the site. There is a third street tree that is living and already in place on the site. One tree on the site is dead and is to be replaced by one of the street trees. The applicant has agreed to construct a hedge that will screen the parking area from the Shawnee Mission Parkway traffic. The improvements include adding a crosswalk from the Americans with Disabilities Act (ADA) parking to the entrance as well as from the public sidewalk to the main entrance. The applicant also plans to plant new shade trees in the existing islands and on the west side of the development. Staff did not support the proposed rezoning in However, after working with the applicant and discussing the improvements to be done on the site, including a new sidewalk, the ADA accessible route, bushes, trees and the parking lot as well as having the ability to have a set plan for the site, staff was in favor of the rezoning request to rezone to CP-3 with stipulations a through i. Mr. Flanagan observed that there are 12 parking spaces and 3 spaces will be used for customers. That leaves them 9 spaces for storing the used cars. They have two employees who park on the adjacent lot to the left. He asked if Mr. Gooch felt that there was not enough parking space, because they also have the detailing operation inside the building. Mr. Gooch replied that the site is currently zoned C-2. If the new car dealership was in operation, there would be less ability for staff to go there and tell them to remove vehicles. He noted that on the aerial photo there were three or four vehicles parked at the northwest corner of the site. With the approval of this plan, staff could visit the site and make sure they are compliant with having the three parking spaces for customers and nine cars on site. They have more of an ability to enforce the site plan with this request. Otherwise, it would be difficult for staff to tell them that they have too many cars on the site and some of them need to be removed. In reference to page No. 25D in Staff Comments, Mr. Lance noted that there were some cars in front of the rear fence. He asked if the fence would be painted. Mr. Gooch replied that was not proposed at this time. Mr. Lance suggested that a painted fence would help to improve the appearance of the area. Mr. Gooch replied that this could be discussed with the final development plan. Mr. George Lund referred to page No. 25G of Staff Comments and asked if the sign on the building will stay. Mr. Gooch replied that sign will stay. The applicant is allowed to have three signs based on the zoning, and he was not sure if a request for more signage would be submitted. Mr. Matt Austin, attorney for the applicant, Polsinelli Shughart PC, 6201 College, stated that Mr. Todd Huffman, the owner and operator of the Auto Gallery, was also present. This property has been operated by the Auto Gallery since At the time that it was opened, the owner sought to have the property rezoned so that they could exclusively sell used cars. Despite the recommendation of the Planning Commission, the owner ultimately withdrew that request and sought to be a franchise for Customs of California, which is a new car manufacturer that specializes in replica street rod custom kit cars. Based on the product quality that they were getting from that manufacturer as well as some issues with getting them to meet their deadlines, the

15 Page 15 new car sales did not meet their expectations. As a franchisee, they were also selling some used cars at the same time. That was allowed at the time, and it is still allowed today in C-2 zoning as long as it is an accessory to the new car sales. As the new car sales started to dwindle, they developed a niche selling high line used cars such as Corvettes, Mercedes, and BMWs. Mr. Huffman has been able to develop a niche in Kansas City for these types of used cars. In addition to the car sale portion of the business, there is the service side of the business. They do some paintless dent repair, some detailing and after market accessories such as tires or stereo equipment. They do not do body shop repairs such as paint jobs or major body work. That type of work is subcontracted out to another site. One of their most prominent customers is the Overland Park Police Department. This shop does the detailing for the City s police cars. The applicant was seeking a rezoning from C-2 to CP-3. By doing that, they will be allowed to exclusively sell these high end used cars. They will not be expanding, modifying or enlarging the building. Nor will they be changing the nature of the business. This is being done to sell the used cars. They will maintain their permit to allow them to sell the new cars in the event that the market was to improve, but that does not seem to be likely in the near future. They will be making improvements to the site. They will be doing a substantial amount of landscaping in the front of the site and adding some things to the islands. They will be repaving the entryway into the property, and they will be making the parking lot, the sidewalks and the entryway ADA compliant. They have spent a significant amount of time dealing with their neighbors to the south, which is a residential area. Mr. Huffman has personally reached out to the adjacent neighbors to let them know that they were not changing the business, but this was something they needed to do to continue operations. He contacted the chairman of the Arrowhead Trails Neighborhood Association, and the feedback that they received indicated that their neighbors to the south do not have an issue with the improvements. They provided notice for a neighborhood meeting and went to the meeting; however, no neighbors attended the meeting. Mr. Huffman worked with staff on the site improvements, and staff was recommending approval of this application. Mrs. Thacker observed that the aerial photos indicated 18 to 20 cars on the lot although the plan included a total of 12 parking spaces. She asked how the parking will be managed. Mr. Austin replied that there is some fluctuation with this business. For example, if there is a hail storm, a lot of people want to have the hail damage repaired. During some months, there may be a lot of sales so the inventory is down and in other months, Mr. Huffman may buy a couple of cars that are not sold right away. He understands that he will have to work through this issue now that the land is being rezoned. He has another offsite lot where he could move some of the inventory. The employees park on the adjacent lot or Mr. Huffman and his partner drive the inventory. They are developing ways to reduce the number of cars on the lot. Mrs. Thacker asked if there will be parking stalls designated for the customers. Mr. Austin replied in the affirmative. Mr. Reitzes asked what separates this parking lot from the parking lot to the west. Mr. Austin replied that there is no separation. Mr. Reitzes clarified that the applicant has an agreement for parking with the adjacent business. Mr. Austin noted that the