OVERLAND PARK CITY COUNCIL MEETING. March 3, 2008

Transcription

1 OVERLAND PARK CITY COUNCIL MEETING March 3, 2008 Mayor Carl R. Gerlach called the Overland Park City Council meeting to order at 7:30 p.m. The following members were present, constituting a quorum: Mrs. Terry Happer Scheier, Council President; Mr. Terry Goodman; Mr. George Kandt; Mr. Jim Hix; Mr. David White; Mr. Fred Spears; Mr. Dave Janson; Mr. John Skubal; Mr. Curt Skoog; Mrs. Donna Owens; Mr. Dan Stock; and Mr. Paul Lyons. Also present were: Mr. John M. Nachbar, City Manager; Mr. Bob Watson, City Attorney; Mr. Bill Ebel, Director of Planning and Development Services; Mr. John Douglass, Police Chief; Mrs. Leslie Karr, Current Planning Manager; Mr. Mark Stuecheli, Senior Transportation Planner; Mrs. Tammy Owens, Senior Assistant City Attorney; Mr. Bryan Dehner, Fire Chief; Mr. Mike Casey, Deputy Fire Chief; Mr. Kirk Coonley, Principal Engineer; Mr. Bart Budetti, Senior Assistant City Attorney; Mrs. Vicki Irey, Director of Information Technology; Mrs. Kristy Stallings, Deputy City Manager; Mr. Doug Brown, Director of Public Works; Mr. Dave Scott, Chief Financial Officer; Ms. Kati Bernard, Communications Assistant; Mr. Scot Smith, Senior Network Support Technician; and Ms. Nancee Ellis, Recording Secretary. Approximately 100 people were in the audience. PLEDGE OF ALLEGIANCE Mayor Carl R. Gerlach led the audience in the Pledge of Allegiance. Mayor Gerlach recognized some Boy Scouts from Troop No. 256, with Valley View United Methodist Church who were in the audience. Mayor Gerlach also recognized members from the Leadership Overland Park Class who were present. Mayor Gerlach advised that he received a letter from the Government Finance Officers Association (GFOA) of the United States and Canada relaying that the City of Overland Park has received the GFOA s distinguished budget presentation award for the Overland Park 2007 budget. He said this work represents a significant achievement by Overland Park and reflects the commitment of the Governing Body and staff in meeting the highest principles of government budgeting. Mayor Gerlach thanked Assistant Chief Financial Officer Gena McDonald, Deputy City Manager Kristy Stallings and the Finance Division for their hard work towards the City receiving this recognition. CITY MANAGER JOHN NACHBAR No report.

2 Page 2 CONSENT AGENDA FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE ITEMS RESOLUTION NO Authorizing payment of memberships and dues in certain organizations. STAFF ITEMS COUNCIL MINUTES December 17, 2007; and Special Emergency Council meetings of February 15 and February 20, CONFIRMATION OF INVESTMENTS Confirmed investments totaling $7,127, in U. S. Agency Securities. EXPENDITURE ORDINANCE NO. 2B Outlining the expenditures from the General Operating Fund for February 6 through February 19, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 2C Outlining the expenditures from the Capital Projects funds for February 14 through February 20, CAPITAL PROJECTS EXPENDITURE ORDINANCE NO. 2D Outlining the expenditures from the Capital Projects funds for February 21 through February 27, APPLICATIONS FOR RENEWAL OF DRINKING ESTABLISHMENT LICENSES CONTINGENT ON RECEIVING STATE LICENSES: Darya's Company, Inc., d/b/a Cafe Casbah, 8609 College, Parvin Jalali, manager. Overtime Sports Bar and Grill, L.L.C., d/b/a Overtime Sports Bar and Grill, L.L.C., 9083 Metcalf, Emad Aboul-Hosn, new manager. PB and J Robin, L.L.C., d/b/a Red Robin, 7111 W. 95th Street, Patrick W. Khoury, manager. Torreon Restaurant Company, d/b/a Torreon Restaurant Company, 9129 Elmhurst Drive, Denice L. Hamilton, manager. APPLICATIONS FOR RENEWAL OF CEREAL MALT BEVERAGE LICENSES: Metcalf 133, L.L.C., d/b/a Pepper Jax Grill, Metcalf, Jodi Jacobs, manager. QuikTrip Corporation, d/b/a QuikTrip No. 246, 7701 Metcalf, Timothy O. Heuback, manager.

3 Page 3 REQUEST TO EXTEND PREMISE TO SELL ALCOHOLIC LIQUOR CONTINGENT ON RECEIVING SPECIAL EVENT PERMIT - For an event to be held Monday, March 17 from 8:00 a.m., until 2:00 a.m., Tuesday, March 18, 2008, at Llywelyn's Pub, 6995 W. 151st Street, Eric Pritchett, manager. (Special Event Permit No ) PUBLIC SAFETY STAFF ITEMS APPLICATION FOR NEW MASSAGE ESTABLISHMENT LICENSE - Decourcy Chiropractic Clinic, Marty, Krista Bosak, applicant. APPLICATION RENEWAL OF MASSAGE ESTABLISHMENT AND IN-OFFICE MASSAGE LICENSE - Jacqueline Massage, L.L.C., 7520 Shawnee Mission Parkway, Jacqueline H. Patras, applicant. PUBLIC WORKS COMMITTEE ITEMS WAIVE CONSULTANT SELECTION PROCESS AND AUTHORIZATION TO NEGOTIATE AGREEMENT HDR, Inc., for traffic signal design for the 2008 Traffic Maintenance Signal projects. WAIVE BID PROCESS AND AUTHORIZATION TO NEGOTIATE CONTRACT Rose Lan Contractors, Inc., for materials and labor needed to repair the Quivira Ditchliner. Mrs. Terry Happer Scheier moved for the approval of the preceding consent agenda items as listed. Mr. George Kandt seconded the motion, which passed by a 12 to 0 roll-call vote. REGULAR AGENDA FINANCE, ADMINISTRATION AND ECONOMIC DEVELOPMENT COMMITTEE REPORT Jim Hix, Chair No report. STAFF REPORT No report. PUBLIC SAFETY COMMITTEE REPORT George Kandt, Chair No report.

4 Page 4 STAFF REPORT AUTHORIZATION TO SOLE SOURCE PURCHASE Medtronic for the purchase of four, 12-lead electrocardiogram monitor defibrillators in the amount of $73,416. Fire Chief Bryan Dehner advised that four of the referenced defibrillators are scheduled to be replaced. Considering the Fire Department s relationship with Johnson County Med Act, the Lenexa and Olathe Fire Departments, he said all parties agreed that the continuity of care of having a similar type of unit is very beneficial. Chief Dehner asked for the Council s approval of the sole source purchase as outlined. Mr. Kandt moved to authorize staff to accept the sole source bid from Medtronic for the purchase of four monitor/defibrillators in the amount of $73,416. Mrs. Happer Scheier seconded the motion, which passed by a 12 to 0 vote. BID TABULATION Conrad Fire Equipment, Inc., for the purchase of 2008 Bunker Gear in the amount of $37,500. Chief Dehner stated that staff has solicited and received one sealed bid for the purchase of Bunker Gear. The department has a total of $60,000 budgeted for replacement of the personal protective gear worn by firefighters and paramedics. Chief Dehner advised that the bunker gear bid by Conrad Fire Equipment, Inc., meets the specifications in the bid, and staff recommends that it be approved. Mr. Kandt moved to accept the bid from Conrad Fire Equipment for the purchase of 2008 bunker gear at a cost of $1,493 per set, as requested by staff. Mrs. Happer Scheier seconded the motion, which carried unanimously. COMMUNITY DEVELOPMENT COMMITTEE REPORT Terry Goodman, Chair No report. STAFF REPORT No report. PUBLIC WORKS COMMITTEE REPORT Fred Spears, Chair No report.

5 Page 5 STAFF REPORT BID TABULATION 121st Street and Metcalf Traffic Signal Installation Director of Public Works Doug Brown said staff recommends awarding the contract for the referenced project to the low bidder Leath and Sons, Inc., in the amount of $171,800. He said this company has successfully completed a number of traffic signal projects in the Kansas City area. Mr. Jim Hix asked if this price included the equipment also, and Mr. Brown replied the price included everything. He said this project is also privately funded. Mr. Fred Spears moved to accept the low bid for the referenced traffic signal project from Leath and Sons, Inc., in the amount of $171,800. Mr. David White seconded the motion, which carried unanimously. RECOMMENDATIONS FROM THE PLANNING COMMISSION PLANNING COMMISSION CONSENT AGENDA SPECIAL EVENT PERMIT NO Vicinity of Santa Fe Drive, between 79th Street and 80th Street. A special event permit is requested to allow a series of special events in Downtown Overland Park for Application made by the Downtown Overland Park Partnership, Inc. SPECIAL EVENT PERMIT NO West 151st Street. A special event permit is requested for March 17, from 8 a.m. until 2 a.m. March 18, 2008, to allow a St. Patrick s Day Celebration event. Application made by Llywelyn s Pub. ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Colonnade Office Suites, 6535 West 151st Street. Application made by Payne and Brockway, P.A. The Planning Commission approved this item on February 11, 2008, by a vote of 10 to 0. ACCEPTANCE OF RIGHT-OF-WAY FINAL PLAT NO Waters Edge Second Plat, vicinity of the northeast corner of 159th Street and Mission. Application made by Phelps Engineering, Inc. The Planning Commission approved this item on February 11, 2008, by a vote of 10 to 0. SPECIAL USE PERMIT NO West 133rd Street. A special use permit is requested for a five-year period of time to allow a drinking establishment in conjunction with a golf course. This property is currently zoned R-1, Single-Family Residential District. Application made by Deer Creek Golf Club. The Planning Commission approved this item for a five-year period of time on February 11, 2008, by a vote of 9 to 0 to 1. Ordinance No. Z SPECIAL USE PERMIT NO West 159th Street. A special use permit is requested for a ten-year period of time to allow the renewal of an existing communications tower. This property is currently zoned SUP, Special Use Permit. Application made by American Tower Corporation. The Planning

6 Page 6 Commission approved this item for a ten-year period of time on February 11, 2008, by a vote of 10 to 0. Ordinance No. Z SPECIAL USE PERMIT NO Antioch. A special use permit is requested for a two-year period of time to allow the renewal of a vehicle rental facility. The property is currently zoned M-1, Industrial Park District. Application made by Interstate Truck Rental. The Planning Commission approved this item for a two-year period of time on February 11, 2008, by a vote of 10 to 0. Ordinance No. Z SPECIAL USE PERMIT NO West 143rd Street. A special use permit is requested for a two-year period of time to allow a temporary bank. This property is currently zoned CP-O, Planned Office Building District. Application made by Freedom Real Estate Partners. The Planning Commission approved this item for a two-year period of time on February 11, 2008, by a vote of 10 to 0. Ordinance No. Z Mayor Gerlach opened the public hearing for each of the four special use permits listed above. With no one wanting to comment, the public hearing was closed. Mrs. Happer Scheier moved for the approval of the preceding consent agenda items as listed. Mr. Curt Skoog seconded the motion, which carried by a 12 to 0 roll-call vote. PLANNING COMMISSION REGULAR AGENDA REZONING NO Vicinity of the southeast corner of 159th Street and Metcalf. Rezoning is requested from RUR-J, Rural District, Johnson County, to CP-2, Planned General Business District, RP-3, Planned Garden Apartment District, and RP-5, Planned Apartment House District, to allow a new development that includes retail and residential uses. Application made by Polsinelli Shalton Flanigan Suelthaus PC. The Planning Commission denied this item on January 28, 2008, by a vote of 8 to 3. (A valid protest petition has been received.) (Continued from the February 18, 2008, Council meeting). Ordinance No. Z-3331 Current Planning Manager Leslie Karr said the applicant is requesting rezoning from RUR-J, Rural District, Johnson County, to CP-2, Planned General Business District, and RP-5, Planned Apartment House District and RP-3, Planned Garden Apartment District, (which was a change the applicant made in going through the process) to allow a new retail and residential development. Mrs. Karr said this is an 80-acre tract that has recently been annexed into the City. Properties to the south and east are still within the county, which is why the notification area is larger on that portion of the property. These properties are developed with one acre single-family lots. She said there are commercial properties to the west across Metcalf. The Steck Plantation has been recently master planned as commercial land. Land to the west is zoned PRB-3J, Planned Urban Neighborhood Retail Business District, Johnson County, and PRB-2J, Planned Residential Neighborhood Retail Business District, Johnson County. North of 159th Street is undeveloped commercial land zoned CP-1, Planned Restricted Business District and CP-2, as well as single-family homes on land zoned R-1, Single-Family Residential District. Properties

7 Page 7 further south on Metcalf, on the west side, have been zoned and developed in the county for commercial uses. Mrs. Karr said the applicant s proposal as it went before the Planning Commission was for 8.1 acres of RP-3 zoning, showing 48 triplex units with a density of 5.9 dwelling units per acre. The RP-5 is proposed to have 312 units on 20.1 acres for a density of 15 units per acre, and the detention area is included within that zoning application. She said the CP-2 area is proposed to include 417,997 square feet of retail development, which includes a 171,000 square foot Lowe s, 52,000 square feet of mid-size box stores, some two-story commercial development and a multitude of pad sites. Mrs. Karr said earlier today, the applicant presented a revised proposal. The primary changes as understood by staff are the removal of the building in the southwest corner of the site and the removal of the second story on some of the retail units. She stated that this resulted in the reduction of 51,237 square feet from the commercial, leaving the total at 366,760 square feet. There are six access points to the site--two are proposed along 159th Street and four along Metcalf. She showed the Governing Body the grading plan, which showed some of the berms proposed as part of the development along the east side of the property. On the north half of the property where Lowe s will be located is an outdoor storage area proposed on the south side of Lowe s. The applicant is also proposing some outdoor display area around the front of Lowe s. Mrs. Karr advised that the required landscape islands have been provided in the parking lot, and those sizes are required to be larger based on the amount and location of the parking that is being proposed for Lowe s. Mrs. Karr advised that the applicant is proposing a significant berm along the back portion of the property that is 25 feet to 28 feet in height. Should this project be approved, staff would verify the height and construction of the berm as part of the construction plan approval. The applicant has provided some site lines to show what the view would be of the rear of Lowe s from the single family homes to the east, which Mrs. Karr shared with the Council. It is the applicant s assertion that there would be no visibility of the Lowe s store from those single family residential units. Mrs. Karr stated that the applicant spent a considerable amount of time working with staff and the Site Plan Review Committee on the architectural design of Lowe s, as well as the rest of the retail project. She showed the Council the proposal that received approval from the Site Plan Review Committee. The applicant is proposing to have areas for outdoor display in front of the building. The applicant is also proposing to construct a low planter wall to help screen those areas from view. Mrs. Karr said staff does have concerns about how those outdoor display areas would actually operate and function. Should this application be approved, she said this is one of the details staff would continue working with the applicant on as the project moves forward. Mrs. Karr said there is also a berm proposed on the south side of the property and to the east, which is to be approximately four feet to six feet tall. The RP-3 portion is

8 Page 8 proposed as a buffer to the Blue Valley Riding development and will be designed to appear more like a large house rather than a multi-family project. She said the middle portion is where the RP-5 project is proposed. The applicant is proposing on-street parking for the apartment development. Covered parking is provided underneath the apartment buildings that are similar to a carport rather than an enclosed garage. Mrs. Karr said the applicant has provided a number of amenities within the project and has met all of the open space requirements for that portion of the development. Traffic has been an issue as part of this rezoning request, and Mrs. Karr deferred to Senior Transportation Planner Mark Stuecheli to address traffic issues. Mr. Stuecheli stated that due to the project s size, staff required that a traffic impact study be done. He advised that there has been a reduction in the mix of square footage on this project. Referring to a previously distributed traffic comparison table, Mr. Stuecheli noted that the top section shows the square footage of the project as described in the original proposal. What is now being proposed by the applicant is shown as Reduced Proposal II with 366,760 square feet of retail, which is a reduction in retail of approximately 51,000 square feet. Shown on page 20 of Staff Comments are some trip generation estimates, which are reduced somewhat due to the drop in square footage. Mr. Stuecheli said Table II shows the expected operations of some of the signalized intersections under the existing-plus development conditions. He said all four legs of 159th Street and Metcalf have been approved as has several of the other nearby intersections. The real issue arises at three locations which are un-signalized and that staff feels will be significantly impacted. The first is at 159th Street, Lamar/Riggs, which is a residential street located east of the project. No warrant is met for a traffic signal; however, there will be some greatly increased delays and difficulty making left turns out of those streets. The other two locations are opposite this site on the west side of Metcalf, and initially there is an indication that a signal will not be warranted at the driveways into the site. Due to that, there is difficulty making left turns both out of the site and for the existing development to the west. Mr. Stuecheli said there is an indication that as volumes increase on Metcalf, there will be a signal warranted at one or both of those locations, which would ease those turning movements. With regard to the existing-plus development, Mr. Stuecheli advised that some residents perceive that this project would greatly impact the amount of cut-through traffic from major streets onto some of the residential streets in the area. Staff decided to do a traffic count to look at what is thought to be the most heavily impacted, most likely cut-through route, which was Conser coming through to 154th Terrace. Coming off 151st Street, it angles down and intersects Metcalf. Results of that count showed that the cut-through volume was higher than staff anticipated in the p.m. peak hours. In trying to determine why that may be occurring, staff observed the conditions at 151st Street and Metcalf. Staff did not see anything that would be especially long in terms of delay for people making the eastbound to southbound right turn or the northbound to westbound left turn. Mr. Stuecheli said staff also conducted some speed studies on that roadway and did not find any unusual high speeds for that type of roadway. Considering those two factors and the fact that this project does not have a significant projected impact on the existing-plus development conditions on 151st Street and Metcalf, staff believes there may be significant cut-through traffic on this roadway but does not feel this project will have an impact to make that significantly worse.

9 Page 9 Mr. Stuecheli said another concern residents had was the impact this project would have on the elementary and high school traffic. He said traffic from the proposed retail project, with some residential, is much less in the mornings when students are arriving at school. In mid-afternoon, when students are leaving school, the volumes from this project are less than they would be later in the afternoon. Referring to the 2030 conditions, Mr. Stuecheli said with the applicant s reduction of 51,000 square feet of retail, there is a reduction of approximately 137 trips in the p.m. peak hour. This has the impact of reducing some of the delays from the original proposal. He advised that there was an error in calculations that was found in the latest revised proposal, which resulted in some unaccounted square footage in the 2030 analysis. The original proposal, showing 159th Street and Metcalf with what had been shown as a 111 second delay, has been recalculated to be a 122 second delay. Reduced Proposal II shows a 116 second delay. When compared to the existing Master Plan assumption on this site (single-family subdivision) with 84 seconds, which is slightly into the Level of Service (LOS) F category, there is a substantial increase of delay. Mr. Stuecheli pointed out that all of these projections and analysis are based on the assumption that very significant improvements have been made to the area. Mr. Stuecheli said there are also impacts at some un-signalized intersections, specifically at 159th Street, Lamar/Riggs. No signal has been warranted there; therefore, left turns will be difficult. What could alleviate some of that difficulty to a certain extent is the signal at the driveway from the site onto 159th Street. Based on the increased delays at un-signalized intersections, the existing-plus development condition and the substantial increase in delays resulting from this development in the 2030 time period, transportation staff does not support this project. Mrs. Karr advised that this site did require that a storm water management study be submitted, and preliminary approval has been received for the rezoning to move forward. There are no stream corridors on the site; however, on-site detention is proposed. Mrs. Karr said there are Waters of the U.S, on this property and issues regarding those have yet to be resolved at the federal level. Staff has included stipulation r to address that issue so that in the event the Corps of Engineers was to take action that would cause this plan to have to be modified, the plan would be required to be re-reviewed by the Planning Commission and the Governing Body. Mrs. Karr stated that this property was part of a Master Plan update--the Blue Valley Master Plan in Through that review process and public hearing, the property was changed from a very low density land use category to a transitional land use category, which permits low density land uses if sewers are available. She said that Master Plan review occurred when the property was located in the county, and the City adopted that as part of their extraterritorial land use plan. This property was annexed into the City in late summer, and the City did not undergo any updates to the Master Plan as part of that annexation. Mrs. Karr showed the Council an aerial photograph of what is approved in this vicinity. With this rezoning request and the development that is located at the other three corners of the intersection, there will be nearly one million square feet of retail proposed at this intersection. She advised that there is also a rezoning pending before the Planning Commission that proposes to introduce another million square feet of

10 Page 10 commercial development at the southeast corner of 159th Street and Antioch, to the west. Staff does not support the applicant s proposal based on issues related to the Master Plan and the goals and policies contained therein. Mrs. Karr said the Master Plan recommends that the boundaries of any commercial zoning should be maintained to what presently exists. Therefore, staff recommends that if the Council approves commercial development on this property, that it extend no further east than the current boundary of the commercial property on the north and no further south than 161st Street. She said the Master Plan relays there should be no stripping out commercial streets with commercial development; therefore, staff feels it would be more appropriate to have a smaller neighborhood-sized commercial development at this corner. Even though it is master planned for low-density residential, staff believes that because of the intensity of the commercial uses and the square footage that is approved at the other three corners of the intersection, it would be unlikely to see lowdensity residential land uses to develop at that immediate corner. For those reasons, she said staff would be willing to support some commercial square footage on this property but not to the extent proposed by the applicant. Mrs. Karr said staff recommends denial of this request, and the Planning Commission voted 8 to 3 to recommend that this rezoning be denied. Staff did receive a protest petition; therefore, ten votes of the Council will be required for approval of this rezoning request. Mayor Gerlach asked what type of residential development staff recommended for this site. Mrs. Karr replied that in talking with the applicant, staff has been supportive of the concept they have proposed with the RP-3 where it is designed similar to a large house. The density proposed there is slightly over five dwelling units per acre, which brings it somewhat in line with the low density recommendations. Staff is comfortable with the idea of that concept being used as a buffer. She said staff has also been supportive of the apartment proposal, provided that it is contained within the interior or closer to Metcalf, located away from the lower density residential to the south and to the east. Mr. Goodman asked if there was real reason to be concerned that past 159th Street the likelihood exists of stripping out Metcalf for commercial purposes. Mrs. Karr said probably not on the east side since there are existing residential properties. She said the west side is already developed with commercial, which was part of the county s plan for that area. Further south of that is the quarry that will be limited in terms of how much development can occur there. With regard to future retail/commercial, Mr. Goodman clarified that it is unlikely, going south from here that there would be little, if any. Mrs. Karr said it would probably be limited. Mr. Goodman stated that from reading Staff Comments, Planning Commission testimony and s he received, there were three issues neighbors had concerns about. The first issue related to the 2030 delays; the second issue related to cutthrough traffic; and the third issue was for the safety of school children walking in the area as well as young student drivers. Mr. Stuecheli believed that those were the major points, as well as existing-plus development delays. Mr. Goodman clarified that transportation staff believed that this project would not significantly exasperate cutthrough traffic or result in a safety issue for students who are either walking or driving. Mr. Stuecheli concurred. Mr. Goodman then clarified that the staff s major

11 Page 11 objection is the 32 second 2030 delay at 159th Street as well as delays at other intersections as noted. Mr. Stuecheli concurred. Based upon the definition of the transition area, Mr. Paul Lyons asked if this design meets the criteria of being a transition area. Mrs. Karr stated that the Master Plan for the entire property is the one to five dwelling units per acre. Staff has worked with the applicant on the RP-3 portion that is slightly over five dwelling units per acre, which is approximately the south/southeast corner of the property. She said the RP-5 apartments would exceed that with approximately 15 dwelling units per acre. She said staff s primary concern is with the intensity and the amount of square footage for the commercial portion. Mr. Lyons asked if Option II would have been acceptable to staff. Mrs. Karr said this is the proposal that the applicant has made for the purpose of comparing traffic to that 17-acre parcel. She said staff has not looked at the site plan sufficiently enough to be able to provide a definitive answer; however, in concept, it looks like it is moving in the right direction. She believed there would be a number of details staff would want to continue to work on with the applicant should they bring that forward for review. Mr. Spears asked how many residential units are proposed in the southern half of this property. Mrs. Karr replied that there are 48 units in the RP-3 (triplex portion), and 312 units in the RP-5 portion on 20 acres, which includes the detention area. This results in a density of 15 dwelling units per acre for the apartments and 5.9 dwelling units per acre for the RP-3. With regard to berming, Mr. Spears asked staff to describe the berming and landscaping from the pond south where residential backs up to residential. Mrs. Karr said the berm on the north is approximately 25 feet high, and the berms proposed on the south are between 4 to 6 feet in height. With the newly proposed square footage, Mr. Dan Stock asked how much excess parking exists on this site now. Mrs. Karr stated that the applicant did have approximately 100 excess parking spaces with the original plan. With the new plan, when the applicant removed the building, they also removed approximately 30 parking spaces that were associated with that building. She believed there would be some opportunity to reduce the amount of pavement to provide some more green space within the development due to the reduction in square footage. Referring to Master Plan Option II, Mr. Hix clarified this is the plan that staff conceptually felt comfortable with from a land use standpoint. Mr. Stuecheli concurred. Mr. Hix asked if Master Plan Option II seems more appealing to the transportation staff than the plan before the Council this evening. Mr. Stuecheli said staff has not yet reviewed Master Plan Option II in detail, adding there may be some difference in the actual number of residential units associated with that. He stated that there is a less significant traffic impact, relating the reduced proposal to Master Plan Option II. Mr. White asked if the staff s traffic analysis assumed a four-way interchange at 159th Street and U.S. 69 Highway. Mr. Stuecheli said yes.

12 Page 12 Mr. White asked if the Lowe s proposed configuration conformed to staff s goal to negate seas of parking. Mrs. Karr replied a lot of discussion took place between the applicant and staff about this issue. The design guidelines offered two options: (1) Parking can be on two sides of the building; (2) Provide more green space in the parking lot. She said the applicant has increased the size of all the islands that are in front of Lowe s and some that extend down in front of mini box stores to the south. With regard to truck traffic coming and going into and out of Lowe s, Mr. White asked if there were any concerns about access off 159th Street before it is improved. Mr. Stuecheli said no because the applicant is making significant interim improvements to both 159th Street and to Metcalf. Mr. John Skubal asked what other intersections in the City had an LOS F during the peak p.m. hours. Mr. Stuecheli replied major intersections include College and Metcalf; 119th Street and Antioch; 119th Street and College; 103rd Street and Antioch; College and Quivira; and Metcalf and I-435. Mr. Skubal clarified that these are under current conditions, and Mr. Stuecheli concurred. Mr. John Petersen, Polsinelli Shalton Flanigan Suelthaus PC, referred to Mr. White s question about whether staff s traffic analysis factored in the proposed interchange at 159th Street and U.S. 69 Highway. He said Mr. Stuecheli s response did not specifically clarify that this information was taken into account for the 2030 number. He said the very acceptable levels of service in the near term did not factor in a proposed interchange before Lowe s was built. Mr. Petersen stated that in looking at improvements up and down the 159th Street corridor and what is happening to U.S. 69 Highway, there is a need for new access breaks to serve the area and communities further south. In visualizing Metcalf becoming a true transportation corridor, it is in line with improvements that have occurred and are occurring in the northern part of the City and is starting to make its own transition. Mr. Petersen said the applicant has been involved in trying to find the right balance of uses and what makes sense considering the changes that have occurred over the last several years. Major transportation corridors are starting to evolve, such as Antioch, which will soon be under construction to a four-lane arterial from 159th Street south. He said 159th Street, moving from Metcalf over to Antioch, was recently added to the Capital Improvement Program (CIP). He said this would be increased to four lanes for a typical thoroughfare function. Also, improvements would occur to set the first stage for the ultimate interchange that will be placed here with a bridge widening, preparing this new transportation corridor for an even more important function. All of this starts changing context and starts changing factors to be considered. In 1996, Mr. Petersen said these 80 acres were owned by the Catholic church and were designated for development of a church, school/campus. As that went away due to change in ownership, the county believed this was a transitional area with no firm commitments as to exactly what would be appropriate here until more transition took place. One of the key transition factors that county staff adopted was when and if there would be the availability of sewers in the area. Mr. Petersen stated that through that process, the idea of low-density residential of one to five units per acre was recommended, which results in 188 single-family lots. He advised that 188 singlefamily lots on 80 acres are approximately 2.2 units per acre. Between the 1996 evaluation and 2002, a plan was advanced in the county for approximately 300,000

13 Page 13 square feet just on the north 30 acres. He said from the county s perspective, 159th Street was identified as a thoroughfare. A plan was advanced to the county that proposed a large-box format of over 300,000 square feet of commercial. That plan received an affirmative majority vote by the Board of County Commissioners in 2002; however, it failed due to a protest petition against the plan. In 2007, Mr. Petersen said this is how the property was laid out for his clients. They saw the transitions taking place globally and focused on how to put together a plan that factors in those transitions, looks at maintaining value, and develops a quality project while transitioning the county approved business-park zoning to his client s property. The applicant took into consideration the impact of the transition of Metcalf transforming from a county road to a major north/south arterial and the impact if 159th Street becomes a fourlane thoroughfare. Mr. Petersen said a very significant transition issue arose because in talking with the county, City staff and some of the residential neighbors about their vision, the question arose regarding development on the south 50 acres. He said this is when the commercial-oriented developers purchased the south 50 acres in order to bring forth a true coordinated mixed-use plan. He advised that no matter how Planning Commissioners voted, they agreed this was an excellent plan that meets or exceeds every one of the City s commercial and multifamily design guidelines. Mr. Petersen said that because of the existing single-family, large-lot development, his client has to spend significant time, energy and money to ensure that this transition goes beyond what the minimum requirements are in Overland Park. Over the past year, Mr. Petersen said the applicant held three major neighborhood meetings, along with breakout meetings with representatives of the leadership to try to address concerns and continue to look at different design elements that neighbors would find acceptable. He said originally, Lowe s was shown a little further to the west, and the applicant attempted to bring some residential back behind Lowe s to serve as a transition from retail to neighbors to the east. Because that proposal did not receive the most positive reaction, Mr. Petersen said the applicant suggested the berm that is being proposed. He believed that this has proven to be an exceptional design element that can provide significant benefits. He referred to the Target development near Oak Park Mall where a similar situation existed where a neighborhood backed up to the project. Ultimately, with a great deal of expense and effort, that developer put in a berm that essentially hid the Target Store from neighbors view and actually offered an amenity in terms of the aesthetic impact it provided for the neighbors. With regard to the transitional element, Mr. Petersen said the applicant has worked with neighbors on installing berming four- to six-feet tall. The applicant agreed to install a wrought-iron fence around the entire project as requested by the neighbors. After the Planning Commission meeting, the applicant gave further thought to a couple of issues. The first issue was that there was one area in the entire project where commercial abuts the backyard of a neighbor. Mr. Petersen said the applicant has removed that portion of square footage from the plan, and it will not be reinstated. The applicant also removed more square footage from the site in an attempt to reduce the possibility of this project compounding traffic problems, even though they were 2030 traffic numbers being discussed, Mr. Petersen referred to the architecture on the north façade of Lowe s and the extraordinary landscaping as well. He pointed out that this is not a particularly unique situation in Overland Park, because 159th Street will be a four-lane

14 Page 14 thoroughfare at the applicant s cost. He said the impact visually or otherwise to the eight to nine homes will be across a four-lane thoroughfare. He advised that there are several examples in the City where the backyards of neighbors face across roads to retail and were found to be an appropriate transition. Mr. Petersen showed the Council a view looking from Riggs to the applicant s east property line where there is an existing stand of vegetation and a berming system in place on the north side of the street. He said the visual impact, in its worse case, would not offer a clear view of the development across the street. However, the applicant has offered to accept the challenge at final plan consideration and as part of their road design project to further enhance the neighbors view. Lastly, Mr. Petersen referred to the southeast corner of the site where residential will transition to residential. Taking into consideration the significant setback from the closest unit to the property line, the existing stand of trees and the setback of the large yards, the applicant attempted to establish a line of site from Blue Valley Riding in looking to the west towards an approximate 36-foot tall building on the perimeter, which served as a buffer to more dense residential. Just as the berm does at 28 to 30 feet further to the north, this building would provide a residential product buffer from a visual impact to the three-story opportunities that are here. Mr. Petersen said the applicant would continue to ensure there is no looming visual impact in terms of the design of this building. Concluding, Mr. Petersen said circumstances change, and good development should result in a balance of give and take between a developer and the neighbors, which ultimately provides an impact on the infrastructure in the area that is reasonable and acceptable. He said the applicant agrees with all of the stipulations in Staff Comments, and offered to answer questions. Mr. White stated that this project has been compared to the Target development near Oak Park mall. He asked if the applicant had considered turning the Lowe s building 90 degrees so that the berm actually shielded the side of the building rather than the back of it. Mr. Petersen said the applicant has considered turning this building every possible way to make it work. In terms of being able to provide the streetscape, which the applicant thought was important with regard to design and to get a parking field that is functional for Lowe s, this is the way the building is configured. Mr. White asked staff what assurances can be given the adjacent residents that the parking lot lighting in and around Lowe s will not bleed into their backyards. Mrs. Karr replied that staff looks at those details as part of final development plan approval. She stated that there are things that can be done in terms of shielding lights and the types of fixtures and light bulbs used that will keep the parking lot lighting on the parking lot where the applicant wants it to be. Referring to the southern portion of the property, the three-story multi-family, Mr. White asked if those were proposed to be rental or owner-occupied. Mr. Petersen said that is market driven; therefore, he could not answer that today. Noting the 51,000 square foot reduction proposed by the applicant, Mr. Stock asked if the applicant proposed to install 250 excess parking spaces. Mr. Petersen said with the reduction of the square footage, he knew staff did not want to see excessive parking for Lowe s. He said the applicant went beyond what is typically seen in the parking lot using green space islands and pedestrian ways through the parking lot.

15 Page 15 Mr. Stock clarified that it is fair to assume that if there are 250 excess parking spaces that there is room for green space on this site if the plan moves forward. Mr. Petersen said that would be a legitimate issue to review at final plan consideration. Mayor Gerlach opened the public hearing. Mr. Don Stebbins, Board President of Blue Valley Riding Homes Association, stated that his neighborhood supports the alternative put forth by City staff. They also appreciated the applicant s alternative plan that shows more residential with only 17 acres of commercial development. Mr. Stebbins said transitional residential does have a meaning to the City. He stated that there might have been a meaningful way that reasonable people could have proposed something to the City Council that would be more in line with the City s own recommendation and perhaps what the developers might need to move forward. However, he said the neighborhood was never engaged in that process. He said attorney Doug Patterson, who is representing the neighbors, has provided a succinct analysis of how this development did not meet City recommendations and the Master Plan. He said the City s own analysis speaks to rejecting this proposal, and it would not appear that a slight change of approximately ten percent of the retail area would alter the sound principles which led to the Planning Commission s rejection of this proposal. Mr. Stebbins advised that throughout this process, there has been no meaningful dialogue between the developer and the surrounding subdivisions. He said when the developer or his representatives met with the intended neighbors, it was made clear that he would not discuss any issues regarding the commercial space, which is contrary to the Master Plan, or the highly dense nature of this proposal. Mr. Stebbins said developers of such parcels work with adjacent neighborhoods when they are coming forward with a proposal that is grossly deviant by their own admission from any sense of Master Planning that has occurred in the City or the county. He said City staff has recommended denial of this application, as well as the Planning Commission. Mr. Randy Randall, Board of Directors with Willow Bend of the Village, showed the Council the protest petition and pointed to the highlighted areas of residents who were opposed to this plan. Mrs. Shirley Phillips, Dearborn Drive, said that while the Planning Commission did agree this was a beautiful project, they said it should not be in this location. She stated that the project is very intense, noting it is bigger than Rosanna Square. After looking at the newly proposed plan with reduced square footage, she did not believe the difference was substantial or significant versus the original proposal. She said the new plan has all the same problems as the original plan. Mrs. Phillips said traffic volumes are too high, and she noted that the Planning Commission said the proposed transition was too intense from very low residential density to CP-2. She said one of the Commissioners commented on the proposed 28-foot tall berm, which she said residents have also commented about. She said the plan does not comply with the Master Plan, and it does not line up with other commercial properties to the north and to the west. She believed this would create a strip mall effect along Metcalf, which is opposed to some of the City s planning guidelines. Mrs. Phillips stated that Mr. Petersen has indicated the 159th Street Corridor has a lot of heavy commercial, which she said is not the case. She learned there are 36 three-story apartment buildings on this plan, which is heavy RP-5 zoning, with 658 dwelling units. The only other comparable site to this in Overland Park was Corbin Crossing Apartments on

16 Page 16 RP-5 with 802 dwelling units, which was located next to the Corbin Park mall of over a million square feet. Mr. Rick Skaggs, Riggs (Stilwell), said there is definitely not enough transition between the RP-5 portion of the proposed development and existing residential. He said there are nine schools within one and a half miles of 159th Street and Metcalf. There are approximately 1,500 students in each of the two high schools who are driving in this heavily traveled area with little driving experience. Mr. Skaggs also pointed out that if the plan proposed by the applicant is approved, it would result in much difficulty for students trying to get to the schools due to fencing and berms. Students would have to walk through the entire retail area to get to the schools. He was concerned about cut-through traffic on his street also. He preferred transitioning from R-1 to R1-A and RP-3 while pulling the RP-5 back, but he was sure that would not be done for financial reasons. Ms. Roxanne Morse, 6608 West 163rd Terrace (Stilwell), said as a member of the Johnson County Planning Commission and the Oxford Township Zoning Board, she felt qualified to address the Master Plan and the Golden Criteria. She said in the 1980 s, the county approved rezoning on the north side of 159th Street for low-density residential and commercial at the intersection. For 20 years it has remained vacant except for a bank and day care. Ms. Morse said the alignment of commercial on the northeast corner was intentional to protect Blue Valley Riding from potential commercial on the southeast corner. She said the applicant s request is not consistent or compatible with the very low-density and low-density residential character of the area. Ms. Morse said an indicator of an appropriate use of the property is the Blue Valley Area Plan, a part of Overland Park s Comprehensive Plan, which was adopted by Overland Park and Johnson County in It proposes a transition of residential uses. She said this plan was reviewed in 1990 and in 2003 and 2004 by the county which concluded that even though the neighborhood center on the northwest corner became a Wal-Mart, this did not warrant a change from transitional residential. She stated that the property is suitable for development to the existing underlying zoning district and to urban density residential development as outlined in the Comprehensive Plan. Ms. Morse said the proposed plan is too intense and dense for the neighborhood. There are 365 dwelling units proposed on 20 acres, and she said there are approximately 300 existing homes on the 480 acres in the square mile to the east. She said the three-story buildings are also not consistent or compatible with the neighborhood; therefore, the proposed development would have a negative impact on the rural character of surrounding residential properties. Traffic impacts on nearby residential properties would be detrimental affecting the safety of students who walk and drive to school. Ms. Morse said the land is vacant because there has never been an application for low-density residential development. She said the applicant s plan violates the City s Land Use Goals going from RE Residential Estates to RP-3 and RP-5. Setbacks for medium-density residential should not be less than the setbacks of the abutting very low density residential, and she said no higher density development shall have a property line common with properties zoned very-low density residential. With regard to the impact of the proposed development to community facilities, Ms. Morse stated that the fire station would be displaced, and fire insurance rates may rise. She said a pumping station for sewage would be constructed adjacent to current homes, and the county would have to maintain and service that pumping station. A retention pond and wetlands are shown at the east edge of the property, and other drainage issues exist along the perimeter of the property, which will require an individual permit from the Corps of Engineers. Ms. Morse said she supported

17 Page 17 staff s proposal to limit commercial to 17 acres, which she believed was a reasonable compromise to the Comprehensive Plan. She said commercial uses on the west side are restricted, adding that it would be good to see commercial uses on the east side restricted as well. She relayed that compatible low-density residential (RP-1) is needed along the perimeter of Blue Valley Riding and along 159th Street across from Willowbend, which might transition to RP-3 towards Metcalf. Ms. Morse said anything with a greater density such as RP-5 is not appropriate for this site as indicated by the Golden Criteria. Mr. Matt Stewert, Dearborn Drive, said he opposed this project, adding that there are many commercial outlets available for a big box development like the one proposed. He stated that Metcalf, along 135th Street, is still not finished developing. Mrs. Amy James, 6866 West 163rd Terrace, advised that she and her husband moved here from Virginia approximately 18 months ago. After looking throughout Johnson County and further south, they chose the Blue Valley Riding neighborhood as their home. Mrs. James said they moved from a very high density part of the country and knew something would be developed in the area behind their new home. However, she said they did rely on the integrity of the Master Plan when deciding to purchase in this area. Mr. Todd James, 6866 West 163rd Terrace, said he also was concerned about the safety of students who walk to school. He stated that there are lots of abandoned properties north of 159th Street, and he wondered why. Mayor Gerlach advised that the City owns no vacant or abandoned properties. He said the City has no control over those private properties. Mrs. Julie Crawford, Riggs (Stilwell), said she and her husband recently moved to this area. She wondered if the façade of Lowe s would match the character of smalltown Stilwell or resemble State Line at 135th Street, which is cold, big-box looking and ugly. She said big-box stores are going out of business and are not needed in this area. She feared that a big-box store here would negatively impact the home values nearby. Mrs. Crawford also had concerns about water runoff. She asked the Council to take into consideration the safety of existing residents when considering this application and what impacts it may have on them. With no further comments from the public, the hearing was closed. Regardless of whether this project is built, Mr. White asked if there were current plans in the CIP to improve 159th Street going east from U.S. 69 past Metcalf. Mr. Brown replied that in the 2009 CIP, the City does intend to improve 159th Street from east of Antioch to west of Metcalf. Mr. White asked if sidewalks would be installed at that time, and Mr. Brown said yes. Mr. White asked if there were plans in the CIP to improve Metcalf going south of 159th Street. Mr. Brown said there are no plans in the current CIP for those improvements. Mr. White asked if sidewalks would be installed at the time those improvements are made, and Mr. Brown concurred. Mr. White clarified that as part of the stipulations, the applicant will be required to make improvements on Metcalf and on 159th Street prior to improvements being made on the property itself. Mr. Stuecheli said that is correct. Mr. White asked if staff believed those improvements would provide enough improved capacity to handle the