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OVERLAND PARK PLANNING COMMISSION MEETING The Overland Park Planning Commission meeting was called to order at 1:30 p.m. by Mr. Edward Reitzes, Vice Chairman, who was sitting in for Mr. Charles Hunter, Chairman. The following members were present, constituting a quorum: Mr. Tom Lance; Mr. Tex New; Mr. David White; Mr. Richard Collins; Ms. Nancy Diebel; Mr. Dave Hill and Ms. Sharon Holsinger. Mr. Charles Hunter and Mr. George Lund were absent. Also present were: Mr. Bart Budetti, Senior Assistant City Attorney; Mr. Bob Lindeblad, Administrator, Current Planning; Mrs. Leslie Karr, Planner; Mr. Mark Stuecheli, Senior Transportation Planner; Mr. Bryan Bear, Senior Planner; Mr. Keith Gooch, Planner; Mr. David Dalecky, Planner; Mr. Brad Mundford, Planning Technician; Ms. Gena Schallehn, Budget Manager; Mr. Rob Roberts, The Overland Park Sun; and Mrs. Kathleen Imair, Recording Secretary. Approximately 30 persons were in the audience. Administrator of Current Planning Bob Lindeblad noted the following continuances to the October 28, 2002, Planning Commission meeting: Preliminary Plat No. 2002-69 Glyn Eagles Villas; Rezoning No. 2002-14 15039 Metcalf Avenue; Revised Preliminary Plan Approval 147 th and Metcalf Offices; Revised Preliminary Plan Approval First Family Church, 7700 West 143 rd Street; Final Development Plan Approval First Family Church Recreation Field, 7700 West 143 rd Street; Preliminary Plat No. 2002-61 Grace Church, 8340 West 159 th Street; Preliminary Plat No. 2002-67 The Retreat At Maple Crest First Plat; Final Plat No. 2002-68 The Retreat At Maple Crest First Plat; Final Development Plan Approval The Retreat At Maple Crest; Final Development Plan Approval Holly Ridge Townhomes; and Final Development Plan Approval Old Chicago Restaurant 11721 Metcalf Avenue. The Revised Preliminary Plan Approval for Kohl s Department Store Expansion is being continued to the November 11, 2002, Planning Commission meeting. The Final Development Plan Approval for The Gables A Seniors Residence 11617 Nieman Road, has been withdrawn. APPROVAL OF MINUTES August 26 and September 9, 2002. (Approved) Mr. David White moved to approve the August 26, 2002, Planning Commission minutes. Ms. Nancy Diebel seconded the motion, which carried by a vote of 8 to 0. Mr. White moved to approve the September 9, 2002, Planning Commission minutes. Mr. Richard Collins seconded the motion, which carried by a vote of 8 to 0. CONSENT AGENDA A. REVISED PRELIMINARY PLAN APPROVAL PRAIRIE CENTER Vicinity of the northwest corner of 135 th Street and Quivira Road. Application made by Kenneth Frashier.

Page 2 B. FINAL DEVELOPMENT PLAN APPROVAL PRAIRIE CENTER LOT 4 12000 West 135 th Street. Application made by Kenneth Frashier. C. FINAL DEVELOPMENT PLAN APPROVAL MCDONALD S 9401 Foster Street. Application made by Kaw Valley Engineering, Inc. D. FINAL PLAT NO. 2002-76 FOREST GLEN SEVENTH PLAT Vicinity of the northwest corner of 138 th Terrace and Rosehill Road. Application made by Forest Glen Development Company. Mr. Lindeblad noted that the Consent Agenda was ready for approval including all appropriate stipulations. Mr. Tex New moved to approve Consent Agenda Items A, B, C, and D including all stipulations. Ms. Diebel seconded the motion, which carried by a vote of 8 to 0. PUBLIC HEARING CAPITAL IMPROVEMENTS PROGRAM 2004-2008 Budget Manager Gena Schallehn explained that the City was currently beginning development of the 2004-2008 Capital Improvements Program (CIP). She noted this was the first of two public hearings scheduled with the second public hearing to be held in February after there is a recommended CIP. Staff is gathering public input regarding the CIP and is planning to present a recommended CIP to the Governing Body in December. Ms. Schallehn noted there were three forms included in the Planning Commission packets, which could be used for requests for consideration and inclusion of projects. The public will also have a chance to fill out these same forms online beginning next week. Vice Chairman Edward Reitzes noted that the 2004-2008 Capital Improvements Program was subject to a public hearing and declared the hearing open for comments or questions. Upon receiving no comments, he closed the hearing. Ms. Diebel referred to online public input and asked if this was the first year staff included that option regarding the 2004-2008 CIP. Ms. Schallehn responded that this was the first year to provide that option. Ms. Diebel favored the online option. Mr. Collins asked if there was information online showing what the current projects were so there is no duplication efforts. Ms. Schallehn noted that the 2003-2007 CIP that was adopted along with the budget in August is online so that an individual can check to see if their project is currently listed in the CIP. REPORT ORDINANCE REVIEW COMMITTEE Reviewing request to modify notification requirements for Revised Preliminary Plans. Mr. Lindeblad presented a report from the Ordinance Review Committee noting from the February 11, 2002, meeting that Mr. Stewart Stein had appeared representing Mr. Leland Brown, an Overland Park landowner. They were requesting that the Planning Commission consider changes be made to the Unified Development Ordinance regarding required notification of adjacent property owners for revised

Page 3 preliminary development plans. The current ordinance requires notification to property owners adjacent to unincorporated areas to a 1,000 foot distance if the property is located within Overland Park. Mr. Stein had requested that the required notification distance be changed to 200 feet for the unincorporated areas or areas within the City surrounding a particular parcel. Mr. Lindeblad noted after discussion of this item, the Planning Commission referred the request to the Ordinance Review Committee for further study. At that time, the Ordinance Review Committee had a number of amendment proposals they were undertaking and did not get to this review until later this summer. The Committee s report is included in the packet and basically states that after review, the Committee believes the current ordinance is the most appropriate. He deferred further comments to Vice Chairman Reitzes. Vice Chairman Reitzes explained that the Ordinance Review Committee did not feel there was any compelling reason to change the notification requirement from 1,000 feet to 200 feet for properties adjacent to unincorporated areas and they also felt there was no significant change in the general nature of the notification requirements that was necessary. Vice Chairman Reitzes asked staff if any action was needed regarding the report presented. Mr. Lindeblad noted that action would only be required if the Planning Commission wanted to further pursue the issue. PRELIMINARY PLAT NO. 2002-69 GLYN EAGLES VILLAS Vicinity of the northwest corner of 143 rd Street and Switzer Road. Application made by Phelps Engineering, Inc. (Continued) Mr. Tom Lance moved to continue Preliminary Plat No. 2002-69 for Glyn Eagles Villas, to the October 28, 2002, Planning Commission meeting. Ms. Diebel seconded the motion, which carried by a vote of 8 to 0. REZONING NO. 2002-14 15039 Metcalf Avenue. Rezoning requested from CP-3, Planned Commercial District, CP-3J, Planned Commercial District, Johnson County and R-1BJ, Single-Family Residential District to CP-3, Planned Commercial District, to allow a shopping center. Application made by Polsinelli Shalton and Welte. (Continued) Ms. Diebel moved to continue Rezoning No. 2002-14 located at 15039 Metcalf Avenue, to the October 28, 2002, Planning Commission meeting. Mr. Lance seconded the motion, which carried by a vote of 8 to 0. REVISED PRELIMINARY PLAN APPROVAL 147th AND METCALF OFFICES Vicinity of the southwest corner of 147 th Street and Metcalf Avenue. Application made by L.S. Commercial Real Estate. (Continued)

Page 4 Ms. Diebel moved to continue the revised preliminary plan approval for 147 th and Metcalf Offices to the October 28, 2002, Planning Commission meeting. Ms. Sharon Holsinger seconded the motion, which carried by a vote of 8 to 0. REVISED PRELIMINARY PLAN APPROVAL FIRST FAMILY CHURCH 7700 West 143 rd Street. Application made by Payne and Brockway, P.A. (Continued) Mr. Dave Hill moved to continue the revised preliminary plan approval for First Family Church located at 7700 West 143 rd Street to the October 28, 2002, Planning Commission meeting. Mr. Collins seconded the motion, which carried by a vote of 8 to 0. FINAL DEVELOPMENT PLAN APPROVAL FIRST FAMILY CHURCH RECREATION FIELD 7700 West 143 rd Street. Application made by Payne and Brockway, P.A. (Continued) Vice Chairman Reitzes noted that the final development plan for First Family Church Recreation Field, 7700 West 143 rd Street, was being continued to the October 28, 2002, Planning Commission meeting and no motion was required. REVISED PRELIMINARY PLAN APPROVAL NEIGHBORHOOD MART 9000 Metcalf Avenue. Application made by Polsinelli Shalton and Welte. (Continued) Planner Dave Dalecky presented a revised preliminary plan for a Neighborhood Mart located at the Glenwood Plaza, 9000 Metcalf Avenue. The proposed property is located in the vicinity of the northwest corner of 91 st Street and Metcalf Avenue. The property is currently zoned CP-1, Planned Restricted Business District. The applicant is requesting approval of a revised preliminary plan to allow redevelopment of the Service Merchandise building in the Glenwood Plaza Shopping Center. The applicant is proposing to demolish the 60,000 square foot Service Merchandise building to construct a new one-story retail building. The initial phase for the new building is proposed to be 43,500 square feet with a future addition of 4,250 square feet. The new retail building is proposed to be entirely within the footprint of the Service Merchandise building. The site plan shows 249 parking stalls provided for the proposed building. About 12 parking stalls will be eliminated for the future addition. The ordinance requires 191 parking stalls for the proposed building and the addition. A portion of the existing parking lot, approximately 100 feet by 240 feet, is proposed to be removed and replaced as a green area. The site plan shows this area as deferred parking or a future pad site. The new retail building is proposed to use a Modular CMU known as Quik Brick, split face block and EIFS as finish materials. The existing buildings in the Glenwood Plaza Shopping Center use a standard brick, EIFS, and a ceramic barrel tile as the exterior finish materials. The applicant is proposing to use the Quik Brick as the primary material with a split face block base and a single course of split face block as

Page 5 a detail. The Quik Brick material is a larger individual CMU than a standard brick and is closer to the size of a king brick. The larger size of the Quik Brick is not in scale with the standard brick used in the rest of the shopping center and staff recommends that standard brick be used in lieu of Quik Brick. Mr. Dalecky noted that the architectural style of the Glenwood Plaza Shopping Center is dated and the existing buildings do not create a strong theme, with the exception of the large strip building that uses the ceramic barrel tile. The proposed building does not particularly resemble the architecture of the rest of the shopping center. Staff is comfortable with the variation of the architecture of this building because a strong theme is not established for the shopping center and the building is a stand-alone building. It is important to staff that the materials palate be the same as the other buildings in the shopping center. Staff recommends particular attention be given to the east façade to create a strong presence toward the Metcalf Avenue street frontage, which can be accomplished with the use of glazing either in a building entrance or by using faux windows and greater articulation of those building features. The south façade of the building is the front of the building and is the only façade that uses glazing. Awnings and/or colonnades could also be incorporated along the east façade to help create a strong presence along Metcalf Avenue. Mr. Dalecky noted that the site plan indicates a drive-thru for a pharmacy along the east façade facing Metcalf Avenue and staff recommends that this element be made more significant to add to the presence toward Metcalf Avenue. The Site Plan Review Committee met three times to discuss this application with the last discussion being held on October 9, 2002. The Site Plan Review Committee voted 3 to 0 to recommend denial of the application as submitted with the main issues concerning the use of Quik Brick as opposed to standard brick. There also were issues concerning the introduction of split face block, the lack of presence along Metcalf Avenue, and the building sign not being located above the building entrance. Staff does not feel this application is ready to proceed because of the issues regarding the building architecture and recommends that the application for the revised preliminary plan for the Neighborhood Mart at Glenwood Plaza be continued and scheduled for a Site Plan Review Committee meeting to discuss building architecture and building finish materials. Mr. Dalecky noted should the Planning Commission determine that the application is sufficient to proceed, staff recommends the approval of the application be subject to stipulations a through j. Although the application had been presented to the Site Plan Review Committee three times, Mr. White asked if there were still major differences. Mr. Dalecky agreed. Mr. White asked why a fourth meeting to discuss this application would prove to be more productive. Mr. Dalecky stated that not only is the use of Quik Brick one of the outstanding issues versus standard clay brick, but the fact every time a revision is made to the development, there seems to be another issue that arises for one reason or another. Mr. White asked if the dividing line between the applicant and staff was the issue of the use of Quik Brick versus standard brick. Mr. Dalecky agreed, but he felt there were a couple of other issues that were just as important that still need to be resolved. Mr. White asked why staff was recommending a remand of the application to the Site Plan Review Committee rather than a denial of the application. Mr. Dalecky felt the underlying factor that would exist if the application were to be denied is that

Page 6 the applicant would have the opportunity to appeal to the City Council for approval to proceed with the development as proposed. It was important to the Site Plan Review Committee as well as staff to get the best project possible. Ms. Holsinger asked for additional clarification of Quik Brick. Mr. Dalecky presented an example of the Quik Brick material provided by the applicant. Ms. Holsinger asked why staff was objecting to the use of Quik Brick. Mr. Dalecky noted that staff was objecting to the use of Quik Brick because it is distinctly different than the brick that exists in the rest of the shopping center and it is important that the predominant exterior finish materials of the proposed building match what exists in the shopping center. Ms. Holsinger referred to the staff report where it indicates that the materials do not necessarily have to resemble the architecture of the rest of the shopping center. Mr. Dalecky clarified that statement to mean that the architectural theme of the buildings can be different. He provided some photographs of the existing shopping center, which depict some bland buildings and typical rectangular buildings with a large EIFS parapet. The applicant is proposing a much more ornate building with much more detail, which staff finds acceptable, although the palette of the finish materials is recommended to be the same materials. Mr. Collins felt the proposed building did not match the rest of the other buildings in the Glenwood Shopping Center. Mr. Dalecky agreed that the building did not match and it does not carry what is considered a strong theme. The same brick material will be used along with EIFS. Mr. Chase Simmons, Polsinelli Shalton and Welte, 6201 College Boulevard, represented the applicant, Wal-Mart, along with the architects and engineers. He felt the staff report reflected much of the discussions that have taken place. He pointed out that the staff report did not mention anything about the concept of the applicant s plan. He explained that the plan included a 42,000-square-foot grocery store that is unique to Wal-Mart. The concept is also unique in the grocery store realm in Overland Park. This concept is called their Neighborhood Mart food store, which is smaller than its sister application that he will address later. He noted that this concept would be coming into Kansas City in the future into smaller areas, smaller sites, and sometimes some infill sites to provide a slightly different mix than the typical Wal-Mart. Mr. Simmons noted that the applicant s plan was the first concept plan proposed in Kansas City and in Overland Park. He felt staff and the Site Plan Review Committee favored the concept plan because the size of the use was very appropriate for the site. The only difficulty all parties have not come to conclusion on is how the building should appear. The site is zoned CP-1 and was zoned and built in the 1980s. Their proposal involves the use of the vacant Service Merchandise building, which is a stand-alone, 65,000 square foot building. The building is detached from the rest of the center and there is no unifying theme between the Wendy s restaurant in the front, the Service Merchandise building, and then the two strip centers that seem to elbow into each other. There are about four to five architectural themes occurring within the shopping center, but he felt most of the colors used were relatively the same. Mr. Simmons explained that very little parking lot landscaping existed within the shopping center, but a lot of parking lot space. He noted that the applicant was

Page 7 attempting, with his concept, to demolish the existing store and redo the parking lot, remove some parking, which was a request of the staff and the Site Plan Review Committee, add in new green space, redo the parking lot islands by adding trees and landscaping, relight the lot and most importantly bring in a new building involving a new concept. The building size will be about the same, 45,000 square feet, and there will be potential for some expansion. Mr. Simmons pointed out the difference between the quality building the applicant is proposing as opposed to the existing buildings in the shopping center. He felt the only issue at hand was the use of the materials and some of the detailing. Mr. Simmons stated the main issues concerned windows, additional activity on the Metcalf side, the drive-thru area, the use of Quik Brick, and the signage element. He referred to the first issue regarding the windows. He noted that Wal-Mart was amendable to providing some glazing and faux windows on the Metcalf frontage of the building to create some more detail. He stated that issue could be handled at the final plan stages to work out the details. He noted that Wal-Mart was agreeable to work with the Site Plan Review Committee on those issues. He felt their proposal of architecture for the building was better and Quik Brick would be completely appropriate for the use. He stated that the architect would speak about the use of Quik Brick. Mr. Dave Schukai, Bolce Raldl Rhea Architects (BRR) 6700 Antioch Plaza, Suite 300, noted that Quik Brick has all the same qualities of brick, but it has additional qualities that make it superior to clay brick. Quik Brick is a structural material whereas clay brick is a veneer material. When clay brick is used, two walls have to be built. A concrete block wall would have to be built behind the brick wall. The applicant is proposing to build one wall to make the material structural instead of having two walls built. Quik Brick is a light clay brick that cannot be easily chipped and the color penetrates all the way through the material. Mr. Schukai referred to the photographs that were distributed explaining that one of them shows a Wal-Mart Super Center in Utah designed entirely with Quik Brick. He noted that the use of Quik Brick uses the same concept of clay brick. Concrete block has the same identical color on every unit, but each unit of Quik Brick has its own color variation. He referred to a building across the street from the proposed site that was built with clay brick, which appeared as a painted wall. Vice Chairman Reitzes referred to one of the photographs and noted there was a building constructed with a burgundy blend of Quik Brick and asked if that was a particular type of Quik Brick. Mr. Schukai stated that Quik Brick is made locally by Miller Materials. Their parent company, Old Castle, has many different predesigned color variations and it is something used throughout the country. He noted that the burgundy blend was a particular blend of brick that is a mix of burgundy, black, and lighter colors. Mr. Simmons stated that the applicant was agreeable to going back to the Site Plan Review Committee to work out a design plan for the windows. He noted he has already spent a lot time with the Site Plan Review Committee over the last few years regarding the proposed Wal-Mart application and two other recent Wal-Mart applications, which include the Sam s Club at 135 th Street and Antioch, and the

Page 8 159 th Street and Metcalf Avenue Wal-Mart Super Center, which is not yet built. He felt the Sam s Club building located at 135 th Street and Antioch set the tone for architecture on big box development in Overland Park. Mr. Simmons pointed out three possibilities that could happen to the site. First, the site could remain vacant for a long time; second, someone could put a new sign on the building and use the building as is because it is still in good condition; third, the building could be demolished and something put in its place that is vastly superior to what exists. He felt their proposal was completely compatible with the other structures being built in the City and is appropriate for the area. Instead of going back to the Site Plan Review Committee about the same issues again, the applicant favored an approval of the proposal. Mr. Simmons referred to stipulations a and b set out in the staff report stating the applicant was agreeable. Stipulations e and f involve the use of brick, the entrance feature and the sign, which the applicant feels is unacceptable and requests that those stipulations be struck. Stipulation g refers to the architecture and the applicant agrees to work with staff on the final development plan regarding this issue. The applicant understands the intent of stipulation h and also agrees to work on those details at the final development plan. The applicant does not completely oppose stipulation i, but feels there may be some practical considerations for that stipulation. The applicant agrees with stipulation j. Ms. Diebel asked if the use of Quik Brick was a cost factor. She asked if the applicant could provide some figures to back up that information. Mr. Simmons noted that there was a 10 to 15 percent cost difference on the entire building and the cost is doubled only on the exterior, masonry portion of the building. Ms. Holsinger asked why the applicant did not want their sign over the entrance. Mr. Simmons explained that their building was not as large as some of the strip centers for a typical Wal-Mart store. He noted as one walks up to the store, there would be no confusion as to where the front door is because the entrance area comes out about 15 feet into the parking lot. The reason the applicant wanted the sign in the middle of the building was because that look works properly. Ms. Holsinger felt the placement of the sign was confusing. Mr. Simmons noted that there were many stores in the City that have signs not situated directly over the front door. He pointed out a Hy-Vee store that was located on the southeast corner of 91 st Street and Metcalf Avenue and other Hy-Vee stores with the same design. Referring to the Quik Brick issue, Mr. Lance understood that material had been used on many of the Wal-Mart stores for several years. He felt Quik Brick had some value, but it also has its place. He did not feel that the scale or the texture of the wall would match the rest of the center by using this material. He felt it was a minor detail, but was very important for the continuity. He preferred continuing the project to the Site Plan Review Committee because he felt if the project was approved as a preliminary plan as submitted, there would be problems at the final plan stage. Mr. White asked if the Site Plan Review Committee and staff favored Quik Brick. Mr. Dalecky stated staff was not recommending the use of Quik Brick. Mr. White asked if the basis for that recommendation was because the Quik Brick did not blend in with existing standard brick. Mr. Dalecky agreed with that interpretation.

Page 9 Mr. White felt the project was good, but he felt the decision of materials was a policy decision and is something that should be sent to the Governing Body to get some guidance. Mr. New felt the application should go back to the Site Plan Review Committee for two reasons. One is that the applicant was adamant that they would not use faux windows along Metcalf Avenue and they were not going to provide any articulation at all. Regarding the Quik Brick, he pointed out that the scale of the building was what the Site Plan Review Committee did not like, and they felt if the building was double its size, it would work better. He felt the proposed building was too small to use a larger brick material and looks out of place compared to the rest of the center. Mr. White moved to deny the final development plan for the Neighborhood Mart located at 9000 Metcalf Avenue. Ms. Holsinger asked Site Plan Review Committee members how they felt about the signage. Mr. New felt the signage was an issue that could be negotiated. He felt the only reason another continuance was being requested was because the applicant has brought different considerations into the project at every meeting. Mr. Lance referred to the signage and stated that the sign was so large that its purpose was basically for people driving up and down Metcalf and not for parking lot traffic. He felt having the sign located in the center of the building would likely work out if there were two entrances into the building and the sign would be located between those two entrances. Due to the lack of a second to Mr. White s motion, Vice Chairman Reitzes noted the motion dies. Mr. Dalecky pointed out that staff was not against the use of Quik Brick as a material; the contention was that the material did not match the context of the remaining shopping center that the building will be designed within. Mr. Hill felt the important issues at hand involved the context and scale of the proposed building, which the City takes very seriously in looking at projects. Context and scale have a lot to do with coursing and the scale of the individual brick unit itself. He felt regular brick should be used on the proposed building and he would move to approve the project as submitted if regular brick were used. Mr. Collins moved to continue the final development plan for the Neighborhood Mart located at 9000 Metcalf Avenue and send the application back to the next Site Plan Review Committee meeting for further review. Mr. New seconded the motion, which carried by a vote of 7 to 1. Mr. Hill voted nay. FINAL DEVELOPMENT PLAN APPROVAL NEIGHBORHOOD MART 10303 Metcalf Avenue. Application made by Polsinelli Shalton and Welte. (Continued) Mr. Dalecky presented the final development plan for a Neighborhood Mart located at 10303 Metcalf Avenue. The property is currently zoned CP-2, Planned General

Page 10 Business District. The applicant is requesting approval of a final development plan to allow the redevelopment of a Payless Cashways building in the Metcalf 103 Shopping Center. The applicant is proposing to demolish the 42,353 square foot Payless Cashways building to construct a new one-story retail building. The Neighborhood Mart building is proposed to be 42,000 square feet and fit entirely within the footprint of the Payless Cashways building. According to the configuration of the shopping center, the Payless Cashways building is attached to the building to the south and a significant grade change in finish floor elevation exists between the two buildings. The applicant is proposing to raise the grade of the site to reduce the finish floor difference to less than 4 feet. The change to the grade of the parking lot and change of the finish floor elevation of the building will require the grade of an access drive from 103 rd Street to be increased. The current grade of the driveway is approximately a 3 percent slope and the proposed grade of the drive is approximately a 7 percent slope. The drive from 103 rd Street crosses City Parks Department property and the Parks Department will have to approve any work that will alter the lands within the track. The vehicle entrance to the drive-thru pharmacy is shown at approximately 35 feet in width and staff recommends that this entrance drive be reduced to 24 feet and then taper into a two-lane drive-thru. The applicant is proposing that the new retail building will appear that is still attached to the remaining portion of the shopping center, but it will actually be separated by 5 feet. A false screen wall at the front façade will attach the two buildings and a locked gate will be installed at the rear of the buildings. The two buildings use the same parking field in front of the buildings; therefore, staff has required that improvements be made to the entire parking field to bring it into compliance with current standards. The applicant has agreed to install raised curb islands at the ends of each parking row and landscape the future parking field as required by ordinance. The shopping center will provide a total of 983 parking stalls, which will exceed ordinance requirements. The new retail building is proposed to use a Modular CMU known as Quik Brick, split face block and EIFS as finish materials. The existing buildings in the Old Metcalf 103 Shopping Center use a standard brick, painted wooden columns, standing seam metal, and wood shake shingles as exterior finish materials. The appearance of the new building attached to the remaining portion of the building is a concern for staff that the buildings have a very similar architectural treatment. This is a difficult accomplishment because the existing architecture is not particularly appealing. Staff recommends that the exterior of the remaining portion of the building be modified to resemble the new retail building. The applicant has proposed to paint the standing seam metal roof to a matching color of standing seam metal used on the new building as well as remove the wooden column pilasters and clad those areas where the pilasters were with the Quik Brick. Staff also recommends that a greater articulated terminus be provided at the northwest corner of the building as well as mounting the store identification sign over the building entrance. Mr. Dalecky noted as in the previous application, the Site Plan Review Committee has met three times to discuss this application, the last time being Wednesday, October, 9, 2002. The Site Plan Review Committee voted 3 to 0 to recommend denial of this application as submitted. The main issues for this project are the use of Quik Brick as opposed to the standard brick used in the rest of the shopping center. The introduction of split face block to the development and the proposed Quik Brick would

Page 11 be used in place of the existing wood columns as well as enlarging the landscape island at the drive-thru entrance and the sign would not be located above the building entrance. Staff believes this proposed application is not ready to proceed because of the issues regarding the building architecture and recommends that the application for final development plan for a Neighborhood Mart be continued and scheduled for a meeting with the Site Plan Review Committee to discuss the building architecture and building finish materials. Mr. Dalecky noted, should the Planning Commission determine the application sufficient to proceed, staff recommends stipulations a through j and an additional stipulation k. Stipulation k would read, Prior to the issuance of any form of building permit, the applicant shall coordinate and obtain the appropriate approvals for any land disturbance that occurs in conjunction with this development and the Parks Department property immediately north of the subject property. Mr. Lance asked if there was a 7-percent grade on one of the entrance drives. Mr. Dalecky explained there was an approximate 7-percent grade from 103 rd Street into the parking lot that is north of the subject property and is a right-in/right-out entrance. Mr. Lance asked if the grade was existing. Mr. Dalecky replied that the 7 percent grade was not existing and that the existing grade was approximately 3 percent. The applicant is proposing to increase the grade to approximately 7 percent along that driveway. He noted the reason for that request is because the grade of the parking lot had been changed to accommodate the drive-thru entrance at the north elevation of the building. The increase to 7 percent is within the standards the Engineering Services apply to these types of developments. Mr. Chase Simmons, Polsinelli Shalton and Welte, 6201 College Boulevard, appeared on behalf of the applicant, Wal-Mart. He noted that some of the same issues exist as was brought up in the previous application. He noted that one of the major issues they have been struggling with for many months is the fact that there is no separation between the Payless Cashways store, which will be demolished, and the rest of the shopping center. The direction was to either build a new store that looks similar to the old shopping center or make some changes to the existing shopping center, which would make the project a little more compatible. Mr. Simmons pointed out the various changes on the plan map. Due to the fact that the development plan will be going back to the Site Plan Review Committee, he did feel it was necessary to go through all the other issues on the site. He referred to the stipulations concerning changes to the building architecture and he did not feel any details were necessary at this time since this issue would also be discussed at the Site Plan Review Committee meeting. He requested that any comments to be made about the applicant s plan be cited on the record so that the applicant can address those issues or be prepared to discuss those issues when the application comes back for review. Mr. Lance felt the proposed approximate 7-percent grade for one of the entrance drives was too steep for the proposed facility and traffic that will be using that entrance. He felt this issue needed to be revisited. Mr. Simmons explained that the proposed 7-percent grade fell within the City standards and that entrance will involve low traffic usage, which will be considered only the third most important entrance into the shopping center.

Page 12 Mr. Hill felt it would be more appropriate to use standard brick on the applicant s building because there is some development abutting the proposed building. He also did not favor the proposed solution to replace the standard wood columns with stone material and the use of Quik Brick. He felt there was more relevance using standard brick material. He noted that he would be willing to approve the proposed project if the applicant was willing to use standard brick instead of Quik Brick. Ms. Holsinger referred to the drive-thru pointing out where Wal-Mart is suggesting that to be two lanes until you get to the pickup area and then it narrows to a single lane as one exits. Mr. Simmons noted the reason for that plan was because their local engineers and Wal-Mart both felt they did not want cars stacking up and trying to make a number of movements in that area where they could potentially have a problem. Ms. Holsinger felt there should be one lane going in and then widened to two lanes and then narrowed to one lane again. She felt that consistency made more sense than having the two lanes as proposed. Mr. Simmons noted that issue would be further discussed at the Site Plan Review Committee meeting. Mr. Lance referred to the drive-thru area noting if a car pulled up to place their prescription order, they could loop around the building and park to wait. There would then be a device given to the customer similar to what is used in restaurants that would beep letting the customer know when the prescription was ready so that people who are parked and waiting could drive over to the pick-up window and move on. Vice Chairman Reitzes referred to Mr. New s comment in connection with Item 9, that there was an issue of scale and context in terms of the size of the bricks. He asked if the Quik Brick came in a standard size or if the applicant could construct their building out of a smaller size Quik Brick. Mr. Simmons stated that the applicant would have to review that information further before the next Site Plan Review Committee meeting, but he felt the height was about the same whether or not they can be shorter. With regard to scale, the applicant feels their project falls within a middlescale building. Mr. White felt the Site Plan Review Committee needed to balance how they handle the realities of infill and redevelopment projects. He noted that the revised and final development plans for neighborhood marts were not suitable for huge scale developments. He felt more compromise needed to be made on the City s part regarding redevelopment. He referred to the issue of the drive-thru grades noting in the past there have been shopping carts left on the parking lot that could slide down the drive hitting a car solely due to the grade of the drive. He felt evening out that grade would be better for the people parking in front of the store and would be an improvement to the overall shopping center. Mr. Collins moved to continue the final development plan for a Neighborhood Mart located at 10303 Metcalf Avenue, to the October 28, 2002, Planning Commission meeting and for further review by the Site Plan Review Committee. Mr. New seconded the motion, which carried by a vote of 8 to 0. REVISED PRELIMINARY PLAN APPROVAL THE FOUNTAINS 6321 West 119 th Street. Application made by ACI/Boland, Inc. (Approved)

Page 13 Mr. Gooch presented the revised preliminary plan for an existing shopping center, The Fountains, located at 6321 West 119 th Street, which is currently zoned CP-1, Planned Restricted Business District. The applicant is requesting to add an additional 4,626 square feet to the existing shopping center, which would increase the overall square footage from 125,000 to 129,626 square feet. The proposal would involve tearing down the building located on Lot 1, the northwest corner of the site, and increasing the square footage from 8,000 square feet to 12,626 square feet. This building would be relocated approximately 40 feet further west towards Glenwood Avenue. No other changes are proposed for The Fountains Shopping Center. The building is proposed to be constructed mostly of faux painted stucco, other materials including a stone wainscot (granite), bands of stone tile, and a clay tile roof. Mr. Gooch pointed out that the Site Plan Review Committee reviewed this project twice and voted 3 to 0 to recommend approval of the request with some minor changes. The applicant has provided additional information on the application that was distributed including two new revised elevations of the south and west sides of the building. Staff has reviewed these changes and felt these were not quite adequate to address staff s concerns regarding breaking up the long expansive walls along the south and west sides. These issues were discussed between staff and the applicant immediately before the Planning Commission meeting and the applicant has agreed to go back before the Site Plan Review Committee during the final development plan approval process to discuss these issues regarding the walls. Staff therefore, recommends approval of the application subject to stipulations a through e, with stipulation e being that the final development plan will be reviewed by the Site Plan Review Committee prior to being heard by the Planning Commission. Mr. White asked if the proposed building was free standing. Mr. Gooch agreed. Mr. White asked if the building was supposed to blend in with the same architecture as the rest of the shopping center, which includes a clay tower roof with a Spanish motif. Mr. Gooch stated that staff and the Site Plan Review Committee both agreed the building has some features that match The Fountains, but a lot of it does not match. Since such upscale materials are proposed to be used, the Site Plan Review Committee was agreeable to those materials. Mr. White asked if there would be any problems with drainage systems and downspouts. Mr. Gooch noted that the downspouts were internal. Mr. New felt the proposed building would set a new standard for The Fountains Shopping Center. Mr. Lance pointed out that some discussion held at the last Site Plan Review Committee meeting involved a tinted concrete walk and curb around the building and some scoring in the concrete. He noted that these materials were not shown in the plans and asked when that would be addressed. Mr. Gooch stated those issues would be addressed at the final development plan stage. Mr. Andy Schlagel, 12201 West 88 th Street, Planning Consultant, appeared on behalf of the developer of shopping center, GK Development Company. He noted that the tenant, The Cheesecake Factory, that would be taking over the new building was also present. He explained that the proposal involved a minor expansion. He noted that they had spent a lot of time working with the neighborhood before bringing the plan to

Page 14 the City. The applicant recognizes there are some remaining issues to be worked out that will be addressed at the final plan stages. Mr. Lance commended the applicant for their use of high quality materials and elevations with their project. Mr. Hill pointed out an issue that existed with the west side of the building and that there were six different schematic arch designs reviewed. He asked if staff felt comfortable with the proposed plan. Mr. Gooch agreed. Mr. Schlagel noted since the applicant was from out of town that there were some timing issues and they were not able to get as far as they had anticipated with their project. Mr. Lance asked when the project would be ready to be reviewed by the Site Plan Review Committee. Mr. Gooch stated that the submittal date for the final plan is planned for later this week and the Site Plan Review Committee review can be arranges within that time. Mr. Schlagel noted that the applicant wanted to work on the drawings before presenting the plans again along with proceeding with the demolition and reconstruction of the new building. Vice Chairman Reitzes declared the public hearing open. Upon receiving no comments, he closed the hearing. Mr. New moved to recommend approval to the Council of the revised preliminary plan for The Fountains with an understanding that the plan would be presented to the Site Plan Review Committee paying particular attention to the south and west walls, which is the entrance to the shopping center, and to include stipulations a through e. Mr. Hill seconded the motion, which carried by a vote of 8 to 0. REVISED PRELIMINARY PLAN APPROVAL KOHL S DEPARTMENT STORE EXPANSION Vicinity of the northeast corner of 119 th Street and Metcalf Avenue. Application made by Kohl s Department Stores, Inc. (Continued) Mr. Lance moved to continue the revised preliminary plan for Kohl s Department Store Expansion to the November 11, 2002, Planning Commission meeting. Ms. Diebel seconded the motion, which carried by a vote of 8 to 0. REVISED PRELIMINARY PLAN APPROVAL STONEPOST APARTMENTS Vicinity of the southwest corner of 135 th Street and Rosehill. Application made by Schlagel and Associates, P.A. (Approved) Planner Leslie Karr presented a request for approval of a revised preliminary plan for a 291-unit apartment complex, Stonepost Apartments, on a 23.5-acre site at the southwest corner of 135 th Street and Rosehill Road. The property is currently zoned

Page 15 RP-3, Planned Garden Apartment District. The proposed density for this project is 12.38 units per acre. The development includes 21 buildings each with attached garages. The buildings are proposed to be constructed of stone and siding with shingle roofs and some standing seem metal accents. The open space area includes a pedestrian walkway, which connects to the perimeter sidewalks on Rosehill Road, Gillette and 137 th Streets. The applicant has indicated that the open space area will include a sport court and some formal areas with seating and art. The details of those areas will be reviewed at the time of final development plan approval. The applicant met with the Site Plan Review Committee on two occasions and the Committee recommended changes to shift the buildings closer together to consolidate the open space on the north half of the project. Other changes requested included pedestrian connections to the perimeter sidewalks, additional berming and landscaping of the visible parking lot areas, redesign of the mail kiosk and changes to building type C to add additional stone. All of these changes are reflected in the plans. The Committee voted 2 to 0 to recommend density bonuses for the project for open space, attached garages, parking lot screening and pedestrian connections. Staff recommends approval of the revised preliminary plan for Stonepost Apartments subject to stipulations a through f. Mr. Dan Foster, Schlagel and Associates, 12201 West 88 th Street, represented Price Brothers, the developer for the project. He pointed out that the property was previously approved for apartments in 1999 and then again a different project in 2001, but both of these developers for whatever reasons did not close on the property. He noted that Price Brothers has already acquired the property and plans on moving forward with their plan. The plan is a result of a cooperative effort between staff and the Site Plan Review Committee. He agreed with stipulations a through f and requested approval of their plan. Mr. Lance referred to the front elevation, Building A, and noted two gable entrances to the building. At the center, there is a triangular roof form, he asked if that was standing seam metal. He referred to the left-hand corner of the entrances and asked if that was standing seam metal and if those two gables had standing seam metal. Mr. Monty Wendler, Price Brothers Realty, 9401 Santa Fe Drive, Suite 200, presented a color elevation of what Mr. Lance was referring to. He noted that the small canopy area over the front entrance, as well as the two side canopies for entrance on the ends of the buildings, have a standing seam metal roof that was discussed at length at the Site Plan Review Committee meeting. Mr. Lance asked if there were any gutters on the building. Mr. Wendler stated there was a full guttering plan supplied to staff, which was the third submission that outlined guttering on the building. Mr. Lance inquired about the opening that goes through to get to the door, appears to be very narrow and he asked about its width. Mr. Wendler explained that there would be about a minimum of a 4-foot wide opening, but this could be adjusted a little more. Vice Chairman Reitzes opened the public hearing. Upon receiving no comments, he closed the hearing.

Page 16 Mr. New moved to recommend approval to the Council of the revised preliminary plan for Stonepost Apartments, located at the southwest corner of 135 th Street and Rosehill Road, including stipulations a through f. Ms. Diebel seconded the motion, which carried by a vote of 8 to 0. Mr. White left the meeting. PRELIMINARY PLAN APPROVAL STONEBRIDGE COURT SWIMMING POOL 9002 West 159 th Terrace. Application made by Thomas French Builders, Inc. (Approved) Mr. Bear presented a preliminary plan for Stonebridge Court Swimming Pool located at 9002 West 159 th Terrace. Tom French Builders, Inc., is the applicant and they are requesting approval of a subdivision pool. Construction on the site will also include a small pond and a pool cabana. The pond will be designed to meet all City ordinances and resolutions pertaining to small ponds. The cabana is proposed to be constructed of stucco with a stone chimney with wood shake shingles. A decorative wrought-iron fence will surround the pool area and a small parking lot has been provided with access to Eby Street as well as 159 th Terrace. Staff is comfortable with the plans as submitted and recommended approval of the project subject to stipulations a and b. Mr. Mark Pottinger, Phelps Engineering, 1270 North Winchester, agreed with staff s recommendations and stipulations a and b. Vice Chairman Reitzes opened the public hearing. Upon receiving no comments, he closed the hearing. Mr. New moved to approve the preliminary plan for Stonebridge Court Swimming Pool located at 9002 West 159 th Terrace, including stipulations a and b. Ms. Diebel seconded the motion, which carried by a vote of 7 to 0. Mr. White returned to the meeting. FINAL DEVELOPMENT PLAN APPROVAL STONEBRIDGE COURT SWIMMING POOL 9002 West 159 th Terrace. Application made by Thomas French Builders, Inc. (Approved) Mr. Bear presented the final development plan for Stonebridge Court Swimming Pool located at 9002 West 159 th Terrace, which is related to the previous item. Staff recommended approval of the final plan including stipulations a and b. Mr. Collins asked if City regulations govern circulating water in a pond. Mr. Bear explained that the City Council has adopted a resolution that relates to the design details of small ponds in the City. He stated that the resolution involved having no storm water running through the pond, but providing water circulation so that the water does not stagnate and there must be an actual source for the water so it does not end up a dry pit. Mr. Collins asked if it could be assumed that the homes association would be responsible for a pond such as the one proposed. Mr. Bear agreed.