OVERLAND PARK PLANNING COMMISSION MEETING. May 12, 2014

Transcription

1 OVERLAND PARK PLANNING COMMISSION MEETING May 12, 2014 The Overland Park Planning Commission meeting was called to order at 1:30 p.m. by Mr. Mike Flanagan, Chair. The following members were present, constituting a quorum: Mr. Steve Troester, Vice Chair; Mrs. Janie Thacker; Mr. Tom Lance; Mr. Edward Ned Reitzes; Mr. Bob Gadd; Mr. David M. Hill and Mrs. Kim Sorensen. Mr. George Lund was absent. Also present were: Mr. Jack Messer, Director of Planning and Development Services; Mrs. Leslie Karr, Current Planning Manager; Mr. Tony Meyers, Engineering Services Manager; Mr. Keith Gooch, Senior Planner; Ms. Danielle Zeigler, Senior Planner; Mr. Aaron Dubois, Mr. Cylus Scarbrough, Planners; Mr. Steve Horner, Senior Assistant City Attorney; Ms. Pam Fortun, Senior Stormwater Treatment Engineer; Ms. Alysen Abel, Senior Civil Engineer; Mr. Brian Shields, City Traffic Engineer; Mr. David Miller, Engineering Services; and Ms. Kathleen Behrens, Recording Secretary. Approximately 25 people were in the audience. APPROVAL OF MINUTES April 14, Chair Mike Flanagan presented the April 14, 2014, Planning Commission meeting minutes for approval. Mr. Dave Hill moved to approve the April 14, 2014, Planning Commission meeting minutes as presented. Mr. Edward Ned Reitzes seconded the motion, which carried by a vote of 8 to 0. CONSENT AGENDA: (Approved Items A through I.) A. REVISED PRELIMINARY PLAN NO Carrington Square 9501 West 135th Street. Application made by Casey s Retail Company. B. FINAL DEVELOPMENT PLAN NO The Shoppes of Carrington Square Casey s General Store 9501 West 135th Street. Application made by Casey s Retail Company. C. FINAL DEVELOPMENT PLAN NO The Village of Overland Park Stroud s 8301 West 135th Street. Application made by KC Hopps, LTD. D. FINAL DEVELOPMENT PLAN NO Retreat at Maple Crest Vicinity of the northwest corner of 159th Street and Marty. Application made by Plutus Group.

2 Page 2 E. FINAL DEVELOPMENT PLAN NO Filipino Cultural Center 9810 West 79th Street. Application made by Filipino Association. F. FINAL DEVELOPMENT PLAN NO Cottages at the Wilderness Vicinity of the southeast corner of 159th Street and Roe. Application made by Plutus Group. G. REVISED PRELIMINARY PLAN NO Hawthorne Plaza 4701 West 119th Street. Application made by Hawthorne Plaza, L.L.C. H. FINAL DEVELOPMENT PLAN NO Hawthorne Plaza 4701 West 119th Street. Application made by Hawthorne Plaza, L.L.C. I. FINAL DEVELOPMENT PLAN NO Tanner s Outdoor Patio Metcalf. Application made by Tanner s. Manager of Current Planning Leslie Karr presented the Planning Commission Consent Agenda for approval. Mrs. Kim Sorensen moved to approve Planning Commission Consent Agenda Items A through I as stipulated. Mrs. Janie Thacker seconded the motion, which carried by a vote of 8 to 0. REZONING NO Vicinity of the northwest corner of 127th Street and Metcalf. Rezoning requested from CP-O, Planned Office Building District, to CP-O, Planned Office Building District, to allow an office development. Application made by 127 Metcalf NW, L.L.C. (Approved) Planner Aaron Dubois presented Rezoning No , Special Use Permit No and Revised Preliminary Plan No , requesting that all three of these items be presented as one application as they are all tied together. Following staff s presentation, he noted the applicant would also make a presentation, and three separate public hearings will be held, as well as three separate votes applied. Mr. Dubois stated the three items consisted of a rezoning, a special use permit and a revised preliminary plan located at the northwest corner of 127th Street and Metcalf. The applicant for the request is 127 Metcalf NW, L.L.C., who is requesting CP-O, Planned Office Building District zoning; a special use permit to allow a continuing care facility; and a revised preliminary plan for the St. Luke s South Hospital Medical plan. He pointed out that the rezoning encompasses a rectangle shaped property, which is currently vacant and is used as farm land. The special use permit also covers the same property, and the applicant wanted to have a larger special use permit boundary to allow flexibility as they were going through the development process. Prior to publication of the ordinance, they will narrow down their exact location for the special use permit. The revised preliminary plan that covers the northern area, includes St. Luke s South Hospital and some associated office buildings north of the proposed development. The property is surrounded by a mixture of office and multi-family development. There is also some small commercial located east of U.S. 69 Highway and west of Metcalf. He presented an aerial photo showing the land is currently

3 Page 3 vacant. The same developer recently developed the property to the west for multifamily development. The current site plan shows two 36,000 square-foot office buildings located on the eastern half of the development, and they are served by a small surface parking lot and a four-story parking garage. On the western side is a 376,920 square-foot building, which is mostly four stories in height, and a continuing care facility that has internal courtyards. There is a total of 374 beds currently shown on the plan. Portions of the building are four stories in height, and a portion on one side is two stories. Staff does not have an exact use for the continuing care facility, and they will handle that issue at the time of final development plan. The applicant had provided a plan, which was included in the packet materials. Staff recently received a plan that includes a change in one specific area. The plan moves the buildings approximately 10 to 12 feet west of the property line. This change was developed to work with the Engineer Services division on a stream corridor deviation and was distributed to the Planning Commission. Staff has continued to work with the applicant on the exact language of the stream corridor and a setback staff would be comfortable with. At the time staff s report was written, staff was not comfortable with the deviation and wanted to continue the application to allow them more time. They have moved the buildings back to a 40-foot setback instead of 28 to 30 feet. Staff is comfortable with the stream corridor deviation. Stabilization will be addressed at the time of final development plan. He noted that there is a parking lot surrounding the building with carports to serve the parking for the continuing care facility. Between the two properties, they have provided sufficient parking. They will be required to have a cross parking access easement at the time of construction to ensure there will be sufficient parking for that use when they determine the exact number of beds and what those uses will be. The site plan shows pedestrian networks between all the buildings and the parking garage. There are three accesses to the public street system, with one on the east side along Metcalf, one in the center of the property on 127th Street, and one on Foster. The applicant has submitted a preliminary landscape plan showing parking lot screening, internal parking lot, and landscaping that includes street trees and plantings in the courtyards of the building. The landscape plan appears to meet all ordinance requirements. They will have to modify the eastern edge of the landscape plan with the stream corridor for the final plan stage. The architecture for the development uses a mixture of stone, stucco, and precast concrete. The architectural styles are very similar between the office buildings in terms of colors and massing. There is a different roof feature, which is a pitched roof made out of red clay tile. The office buildings have flat roofs, but staff would like to review the final development plan to ensure it works well together. Staff recommended approval of the proposed applications, including Rezoning No ; Special Use Permit No , and Revised Preliminary Plan No Staff requested to add stipulations to the rezoning that was distributed to the Planning Commission. Staff is recommending stipulations a through hh for Rezoning No ; stipulations a through t for Special Use Permit No will remain the same; and stipulations a through n for Revised Preliminary Plan No The purpose of the revised preliminary plan is to remove square footage from the overall St. Luke s South development, which had about 1.6 million square feet. This change removes about

4 Page 4 1 million square feet from these two developments. Staff is also requesting to remove stipulation h from Revised Preliminary Plan No That stipulation will be included in the rezoning application so that it is still part of the process, but not part of the revised preliminary plan. Chair Flanagan referred to the added stipulations to Rezoning No , which are ee, ff, gg and hh. Mr. Dubois confirmed that those were the four new stipulations being added. Chair Flanagan asked if there were any changes to the stipulations for Special Use Permit No Mr. Dubois stated there were no changes to the comments on that application. The only change is to Revised Preliminary Development Plan No , which was the removal of stipulation h. Stipulation h was tied to a turn lane into the apartment development to the west, which does not need to be included with the St. Luke s south application and should stay with the rezoning application as they are tied together. Mr. John Petersen, 6201 College Boulevard, Polsinelli Law Firm, appeared on behalf of 127 Metcalf, L.L.C., stating other representatives from Price Brothers, landscape architects, planners, Kaw Valley Engineering, and St. Luke s South Health System were present, who provided permission to advance the revised preliminary plan for the property as they bring the various components into a stage for development. He explained about 20 years ago the Overland Park Justice Center property was master planned as retail. The Costco property was also proposed for retail, and the retail was flipped over where Costco is located. The office public use was put where the Justice Center is located, so that sale could occur to facilitate that project for the City. They then took all the office space master planned and zoned for years and moved it to the south on the St. Luke s property and the property his client developed as multi-family, which received approval in January They have well over 1.5 million square feet of office approved. What they saw occurring in January was the repositioning of that property, which is the multi-family project. They are now moving to the 12.5 acre property piece south of St. Luke s and positioning it if it has the appropriate densities that make sense for development. They will also have to tweak the St. Luke s approved plan, where they had a driveway that would have been totally on the St. Luke s property and shared by the 12.5 acre tract through cross access. They are now moving that driveway to the south onto the subject property application. That driveway will be providing cross access back to St. Luke s to the north. Mr. Petersen felt staff had done a good job of providing an accurate overview of the three proposed applications. The CP-O zoning sets the base for their preliminary plan for the office use on the 12-acre tract. That zoning also provides them the underpinnings to allow for approval of the requested special use permit, which is necessary for the continuing care facility and a revised preliminary plan on the St. Luke s property to the north that would allow them, by agreement between the parties, to move the right in/right out access off Metcalf and provide the appropriate cross access easements for good internal traffic flow to both sites. Mr. Petersen referred to the proposed stipulations, stating they originally submitted stipulations a through dd. They have now added three additional stipulations, ee, ff, and gg, which address what staff described as the applicant s request for a stream corridor deviation. The applicant has worked with staff on getting a 40-foot stream corridor. More detail will be provided between now and the Governing Body review of this request. The Engineering Services Department requested some technical information. The requested deviation is subject to the applicant providing that

5 Page 5 technical information prior to consideration by the City Council, which is outlined in stipulation ee. Stipulation ff specifically references the studies that will be required. Stipulation gg outlines a change of responsibility from the St. Luke s portion of the application to the applicant regarding whether a northbound left-turn lane is required on Foster at the main entrance to the apartment project. The applicant has reviewed stipulations a through gg and new stipulation hh, which addressed a traffic signal, if warranted, at 127th Street and Foster. The applicant would be responsible for 10 percent of the cost of the signalization of that intersection. The applicant finds the stipulations acceptable. In regard to the special use permit, the applicant would be allowed to come back with a final plan for the continuing care facility. The applicant has reviewed stipulations a through t, and finds them acceptable. The applicant also finds the stipulations for the revised plan for the St. Luke s tract acceptable. Everything will remain the same in terms of St. Luke s preliminary plan approval, except for the location of the drive and the cross access points between the applicant s property and St. Luke s. The applicant has reviewed stipulations a through m, with the condition that stipulation h will be removed, which addresses the responsibility for the northbound left turn lane on Foster. He offered to answer questions. Mr. Hill referred to the stipulations. He clarified that it would read stipulations a through n, eliminating stipulation h. Mr. Petersen agreed. Chair Flanagan opened the public hearing for Rezoning No With no comments to be made, he closed the hearing. Chair Flanagan opened the hearing for Special Use Permit No With no comments made, he closed the hearing. Chair Flanagan opened the public hearing for Revised Preliminary Plan No With no comments to be made, he closed the hearing. Mr. Hill referred to stipulation hh, asking about the future signalization and if that was a determination that will be made soon. Mr. Dubois stated traffic staff has stated that would not occur until the entire corridor is developed. Staff has already collected some escrow funds from the hospital, as well as from the properties to the south. This would complete the funding necessary if it is deemed the traffic counts warrant a traffic signal. Mr. Hill asked if the escrow money collected was sufficient to cover the cost. Mr. Dubois agreed. Mr. Steve Troester moved to recommend to the Council approval to the Council of Rezoning No , subject to stipulations a through hh. Mr. Reitzes seconded the motion, which carried by a vote of 8 to 0. SPECIAL USE PERMIT NO Vicinity of the northwest corner of 127th Street and Metcalf. Special use permit requested for an indefinite period of time to allow an assisted living facility. This property is currently zoned CP-O, Planned Office Building District. Application made by 127 Metcalf NW, L.L.C. (Approved)

6 Page 6 Mr. Reitzes moved to recommend approval of Special Use Permit No , located at the northwest corner of 127th Street and Metcalf, for an indefinite period of time to allow an assisted living facility, including stipulations a through t. Mrs. Thacker seconded the motion, which carried by a vote of 8 to 0. REVISED PRELIMINARY PLAN NO Saint Luke s South Campus Vicinity of the northwest corner of 127th Street and Metcalf. Application made by 127 Metcalf NW, L.L.C. (Approved) Mr. Troester moved to recommend to the Council approval of Revised Preliminary Plan No , for the Saint Luke s South Campus, located in the vicinity of the northwest corner of 127th Street and Metcalf, including stipulations a through n, and removal of stipulation h. Mr. Reitzes seconded the motion, which carried by a vote of 8 to 0. REZONING NO Vicinity of the northwest corner of 175th Street and Switzer. Rezoning requested from RURJ, Rural District, Johnson County, to R-1, Single-Family Residential District, to allow rezoning for a single-family development for Terrybrook Farms. Application made by Phelps Engineering, Inc. (Approved) Senior Planner Keith Gooch presented Rezoning No , located in the vicinity of the northwest corner of 175th Street and Switzer. The applicant is requesting rezoning from RURJ, Rural District, Johnson County, to R-1, Single-Family Residential District, to allow rezoning for a single-family development for Terrybrook Farms consisting of a acre tract located on the northwest corner of 175th Street and Switzer. He presented a picture of the rezoned area, showing the area that will be part of the Terrybrook subdivision, which has a preliminary plat that has been previously approved on three sides, the east, north and west. This is a request to rezone property into a commercial district and no preliminary plan or plat is required. At the time of platting, all transportation and environmental impacts will be addressed. The Future Development Plan Map identifies the property as appropriate for low density residential uses, which the R-1 zoning fits into. Staff recommended approval of Rezoning No Mr. Tim Tucker, 1270 North Winchester, Olathe, Phelps Engineering, appeared on behalf of the applicant, states he agreed with all proposed stipulations. Chair Flanagan opened the public hearing. Upon receiving no comments, he closed the hearing. Mr. Reitzes moved to recommend approval to the Council of Rezoning No , located at the northwest corner of 175th Street and Switzer. Mr. Hill seconded the motion, which carried by a vote of 8 to 0.

7 Page 7 REZONING NO West 110th Street. Rezoning requested from M-1, Industrial Park District, to CP-O, Planned Office Building District, to allow a medical office building and rehabilitation hospital. Application made by Nueterra Properties Group, L.L.C. (Approved) Planner Cylus Scarbrough presented Rezoning No , located at 6666 West 110th Street. The applicant is Nueterra Properties Group, L.L.C., who is requesting rezoning from M-1, Industrial Park, to CP-O, Planned Office Building District, to allow the development of a medical office building. The property is located in an area of office, non-residential area, south of I-435 Highway. The new McDonald s restaurant is located at the intersection of 110th Street and Metcalf, and Overland Park Racquet Club is located adjacent to the west of the subject property. The property is currently vacant and is a one-story former office/industrial building that was previously occupied by Sprint. The applicant has a second application that is included on the agenda following this item, which is for a rehabilitation hospital in the same area. It is a separate application that requires a separate public hearing. That special use permit has to be included in the discussion, because there are certain site planning issues, as well as parking issues that have to be taken into account with the development. Currently, the applicant is proposing to resurface the parking lot and there are 210 current parking spaces. However, they are going to increase that to have about 260 spaces in total, which is the most parking spaces that can reasonably be accommodated at the site. The building currently has about 65,000 square feet, and they would like to add about 55,000 additional square feet for a total of 104,500 square feet. Half of the total square feet would be dedicated to the rehabilitation hospital, which would be on the first floor of the building. The medical office portion would be on the second floor. The rezoning is for the medical portion of the building only. Mr. Scarbrough explained that if the rezoning application is approved, but the special use permit is not approved, staff would have to limit the amount of square footage dedicated toward medical offices, because offices have a much higher parking ratio than special use permit locations. If the applicant is approved for the special use permit, and they decide in the future not to go ahead with the special use or rehabilitation component of their proposal, they would risk not having enough parking at the site since it is for medical offices. Stipulation b limits the amount of development on the site to 104,500 square feet, but only 65,000 square feet of that can be dedicated toward medical offices. Staff included a table to show how they calculated those numbers. If the applicant does not move ahead with the special use permit, 65,000 square feet of medical offices would require around 260 parking stalls. The applicant is also proposing to refurbish the building by repairing the entire exterior of the building and adding many more windows and glazing, more brick on the first story component, and the second story would be EIFS material. They have also added some new entrances, which is the clear story component on the west elevation and the north elevation as well. The main entrance would be at the northwest portion of the building, which would be the main drop-off point for the rehabilitation hospital. They are also proposing to replace many dead or dying trees

8 Page 8 on the west portion of the site with some evergreen trees. Staff is requiring them to plant some new street trees along 110th Street, as well as reconstruct the entry drives and install parking lot islands. Staff recommended approval of Rezoning No , subject to stipulations a through n. Mr. John Campbell, Roe, Leawood, appeared on behalf of the applicant, stating he reviewed all staff s recommended stipulations and was in agreement. He referred to stipulation c, stating it was a list of fees, which are also listed in the special use permit application. He wanted to clarify that there was only one fee, not two. Mr. Scarbrough stated the fee was based upon any new square footage. Chair Flanagan opened the public hearing. Upon receiving no comments, he closed the hearing. Mr. Troester moved to recommend to the Council approval of Rezoning No , including stipulations a through n. Mrs. Sorensen seconded the motion, which carried by a vote of 8 to 0. SPECIAL USE PERMIT NO West 110th Street. Special use permit requested for an indefinite period of time to allow a rehabilitation hospital. This property is currently zoned M-1, Industrial Park District. Application made by Nueterra Properties Group, L.L.C. (Approved) Mr. Scarbrough presented Special Use Permit No , located at 6666 West 110th Street. The applicant is requesting a special use permit approval for a rehabilitation hospital for an indefinite period of time. Staff has added one additional stipulation, stipulation o, which says the hospital shall meet Kansas State regulations as a state licensed hospital. The applicant is requesting to build a rehabilitation hospital, which would be on the first floor of the building and comprise about 50,000 square feet of the total 104,500 square feet they are proposing for the site. The hospital would be limited to 28 beds. Staff recommended approval of Special Use Permit No for an indefinite period of time subject to stipulations a through o. Mr. John Campbell, Nueterra Properties, Roe, appeared on behalf of the applicant and agreed with all the stipulations. He noted that the hospital was the driving force for the application. Chair Flanagan opened the public hearing. Upon having no comments, he closed the hearing. Mr. Bob Gadd asked if they should qualify in some way that stipulation c is a duplication. Mr. Scarborough stated staff would be happy to add clarification if the Planning Commission wishes to do so. Chair Flanagan understood the fee was a onetime only fee for the overall square footage of the buildings. He also wanted the clarification to say that the Planning Commission has noted the fee will be paid once, and the applicant will not pay the fee twice. Senior Assistant City Attorney Steve Horner concurred with the Chair s statement.

9 Page 9 Mr. Reitzes moved to recommend approval to the Council of Special Use Permit No , located at 6666 West 110th Street, including stipulations a through o. Mrs. Thacker seconded the motion, which carried by a vote of 8 to 0. PRELIMINARY PLAT NO Heritage Medical Plaza 6666 West 110th Street. Application made by Nueterra Properties Group, L.L.C. (Continued) Mr. Thacker moved to continue Preliminary Plat No , Heritage Medical Plaza, 6666 West 110th Street, to the June 9, 2014, Planning Commission meeting. Mr. Reitzes seconded the motion, which carried by a vote of 8 to 0. FINAL PLAT NO Heritage Medical Plaza 6666 West 110th Street. Application made by Nueterra Properties Group, L.L.C. (Continued) Chair Flanagan announced that Final Plat No , for Heritage Medical Plaza, 6666 West 110th Street, was being continued to the June 9, 2014, Planning Commission and no motion was required. SPECIAL USE PERMIT NO Quivira. Special use permit requested for a 25-year period of time to allow a communication tower. This property is currently zoned R-1, Single-Family Residential District. Application made by Dolan Realty Advisors. (Continued) Mr. Gadd moved to continue Special Use Permit No , Quivira, to the June 9, 2014, Planning Commission meeting. Mrs. Sorensen seconded the motion, which carried by a vote of 7 to 0 to 1. Mr. Hill abstained from the vote. REVISED PRELIMINARY PLAN NO Overland Station Vicinity of the northwest corner of 121st Street and Blue Valley Parkway. Application made by Lukas Realty, L.L.C. (Approved) Mr. Dubois presented Revised Preliminary Plan No for Overland Station, located in the vicinity of the northwest corner of 121st Street and Blue Valley Parkway. The property is currently zoned CP-2, Planned General Business District. This is a portion of the City that is entirely CP-2 zoned, which includes some vacant property, property with restaurants, and a shoe store and craft store located on the west side of the proposed site. The applicant is Lukas Realty, L.L.C., who is requesting a revised preliminary plan to add a 43,000 square-foot retail building on the site. The original location of the building called for a 36,965 square-foot building. The increased building size triggers a revised preliminary plan and a public hearing. The original building was proposed to be attached to the two existing tenants. The northern façade of that building was finished and is a blank wall. The applicant is not proposing to attach the building; however, that building is within five to six feet of the existing building. The applicant will be required to provide some screening mechanisms for

10 Page 10 the areas of the existing building at the southeast corner of the new building. The 43,000-square-foot building will have a row of parking in front of the building, as well as sidewalks that will extend from the building out to a new sidewalk system along Conser. Two access points were created off the internal drive, which is located next to the building, as well as one at the half-way point. There is also a connection being provided to the Tires Plus property to the north. The American with Disabilities Act (ADA) parking spaces are located next to the front door adjacent to the property. Circulation for truck deliveries that circle around the north side of the building to a truck dock located in the area. The applicant will need to provide a screening mechanism and plan for overhead doors in the truck dock area at the time of final development plan, as well as discuss what will be seen before the area of the existing building. The landscape plan has been submitted showing internal parking lot landscaping, parking lot screening from Conser, as well as street trees. Staff is comfortable with the proposed site plan and landscape plan. The elevations for the development are proposed to be a mixture of Cement Masonry Units (CMU) Block, brick, stone and EIFS. The top elevations show what the front of the store will look like. The applicant will be required to provide additional details at the time of final development plan. This application was heard by the Site Plan Review Committee, and they asked the applicant to move the building as far to the south as possible to be adjacent to the existing building, provide a vehicular connection to the Tires Plus building, provide pedestrian connections throughout the site and close off an entrance they had proposed on Conser. Staff is comfortable with these changes. Mr. Dubois referred to stipulation k, stating staff wants to make one revision. Instead of saying prior to the issuance of building permits, the stipulation should say prior to the issuance of a Certificate of Occupancy. The five-foot sidewalk that will be along Conser shall be constructed. The applicant is aware of that change and is comfortable with it. Staff recommended approval of Revised Preliminary Plan No for Overland Station, subject to stipulations a through k, including the amendments to stipulation k. Mr. Tom Lance referred to the adjacent building that has the small section that will be exposed and asked how that would be treated. Mr. Dubois stated they will not be able to treat that building, but they will be able to provide landscaping and some sort of screening wall. These components were discussed with the Site Plan Review Committee, and they were comfortable with the screening approach, which is why staff reserved the right at final plan to see exactly what will be done. Mr. Lance asked how tall the building was to the south. Mr. Dubois stated it was a one-story building, which is comparable in height to the building they are proposing. It will be screened for the most part, but it will only be visible at one point. Mr. Lance asked how that building would be resurfaced or screened. Mr. Dubois stated a combination of landscaping and possibly a wall will connect the building with the building to the south. Mr. Lance felt the proposed landscaping would only provide screening about six to eight feet high. Mr. Dubois stated the applicant does not own that building. Staff had recommended the applicant work with the property owner, and this is the solution they came up with. Mr. Lance asked what the other property owner agreed to. Mr. Dubois stated the applicant could provide that detail.

11 Page 11 Mr. Gadd asked about the proximity of the building. Mr. Dubois stated the building was anywhere from five to six feet in proximity. Mr. Gadd asked if there was sufficient room if they need to resurface the existing building. Mr. Dubois stated there would be sufficient room, but only a very small portion of the eastern side will be seen. The applicant will have to provide some sort of screening plan for staff to review at the final plan stage. Mr. Justin Bridges, Davison Architecture and Engineering, 4301 Indian Creek Parkway, appeared on behalf of the applicant. He referred to the exposed portion on the north side of the existing building, stating the east side of the building is sort of an arcade and is finished. The first 12 or 13 feet has finished material on their existing building. He felt they were in line with the finishes to where they will be able to screen the lower grade finishes with their new building. The new building should be equal to or slightly taller than the existing building, and full screening of that existing lower grade building finish materials should be provided. They will further work with staff during the final development plan to work out any additional landscaping requirements they may need to do. They have reviewed stipulations a through k with the amended stipulation k, and they are comfortable with those stipulations. Mr. Lance asked about drainage in the narrow space between the two buildings and if there were any drainage problems in there. Mr. Bridges stated they were not aware of any existing drainage problems, but they would address that issue with their storm sewer design at the final development plan. Mr. Lance asked if any special grading might need to be done where the water drains north or south. Mr. Bridges stated they would address the grading. If there were any issues, they would apply an area drain or something similar. They already have some of those types of structures available to tie into from a storm sewer system. Chair Flanagan opened the public hearing. With no comments to be made, he closed the hearing. Mr. Hill recalled when this topic was discussed at the Site Plan Review Committee, he had to leave the meeting early. At the time of the discussion, it was not clear from the applicant s perspective what they were going to be allowed to do, and they planned to research some covenants and have some conversations about those issues. Staff was also concerned about lining up with the driveway across the street. The site plan does not have any driveways that do that. They are taking access from the existing south driveway, and he asked if everything had been worked out. Mr. Dubois stated staff felt everything had been worked out. He also pointed out at that meeting the applicant s concern, which was to have a good way for the trucks to exit, because they did not want that exit to be in front of the building. They then redesigned the parking lot to have a mid-parking connection. The building was moved to the south as close as they felt comfortable, so that the applicant could address their ability to discuss attaching it. However, staff felt 5 feet was sufficient to screen most of the building. There will only be a very small amount visible. The arcade comes close to the edge of that building and will be mostly screened. Mr. Hill suggested that staff present the applicant s proposed resolution to that issue to the Site Plan Review Committee, so they can approve it prior to the final development plan approval. Mr. Dubois agreed with Mr. Hill s suggestion, stating staff will provide feedback to the applicant as well.

12 Page 12 Mr. Hill moved to recommend to the Council approval of Revised Preliminary Plan No for Overland Station, located in the vicinity of the northwest corner of 121st Street and Blue Valley Parkway, including stipulations a through k, and revisions to stipulation k. Mr. Gadd seconded the motion, which carried by a vote of 8 to 0. REVISED PRELIMINARY PLAN NO th Street and Metcalf Vicinity of the southeast corner of 159th Street and Metcalf. Application made by Real Estate Innovations. (Continued) Chair Flanagan announced that Revised Preliminary Plan No , 159th Street and Metcalf, will be continued to the June 9, 2014, Planning Commission meeting and no motion was necessary. PRELIMINARY PLAN NO WatersEdge Amenities Vicinity of the northeast corner of 159th Street and Mission Road. Application made by Village Development L.L.C. (Continued) Mr. Gooch presented Preliminary Plan No and Final Development Plan No , stating both applications needed to be continued to allow the applicant to provide proper notification. Both applications will be continued to the June 9, 2014, Planning Commission meeting. Chair Flanagan stated due to the short notice of continuances, he opened the public hearing for anyone wanting to speak to either item. With no comments to be made, he closed the hearing. Mr. Reitzes moved to continue Preliminary Plan No , WatersEdge Amenities, northeast corner of 159th Street and Mission Road, to the June 9, 2014, Planning Commission meeting. Mrs. Sorensen seconded the motion, which carried by a vote of 8 to 0. FINAL DEVELOPMENT PLAN NO WatersEdge Amenities Vicinity of the northeast corner of 159th Street and Mission Road. Application made by Village Development, L.L.C. (Continued) Chair Flanagan announced that Final Development Plan No , WatersEdge Amenities, was being continued to the June 9, 2014, Planning Commission meeting and required no motion. REVISED PRELIMINARY PLAN NO Tallgrass Creek Vicinity of the northwest corner of 139th Street and Metcalf. Application made by Erickson Living. (Approved)

13 Page 13 Senior Planner Danielle Zeigler presented Revised Preliminary Plan No , for Tallgrass Creek, located in the vicinity of the northwest corner of 139th Street and Metcalf. The property is zoned R-1, Single-Family District, with an indefinite special use permit for an assisted living/nursing home facility. The Planning Commission has been reviewing this project since 2005 with the original special use permit approval. The current request is a modification to the western portion of the campus, including a new service building on the southwest corner of the site, which requires a public hearing for a reduction in the peripheral setback that has previously been established. Ms. Zeigler presented an aerial photo from Google Maps, stating the existing residential buildings, community building, and the new extended care building being built toward the north part of the campus are shown. The revision in the remaining western part of the campus is in more of the residential buildings. She presented the 2012 revised preliminary plan that was approved, which shows the extended care facility. The residential building currently under construction is for the western portion of the campus that has changed. Ms. Zeigler presented the currently requested plan, which shows a little one-story service maintenance building and is what is triggering the need for the public hearing today. Based on the 2012 approved plan, there is no change in the number of units, with 900 independent living units and 144 extended care beds. There is some change to the overall building square footage with the reallocation of the western buildings, along with an increase of approximately 110 parking places, which is shown as an increase to employee parking, and is evenly distributed throughout the western portion of the campus. The applicant has updated the landscaping plan with the revisions in the campus plan. The perimeter landscaping scheme is being continued, and landscaping is incorporated throughout, which will be further reviewed with each of the final development plans. The conceptual building elevations for the residential units remain the same, and they are using a combination of stone, brick and stucco. Pictures of the existing clubhouse are included, as well as the carports and existing buildings. Staff recommended approval of Revised Preliminary Plan for Tallgrass Creek subject to stipulations a through g. Mrs. Thacker asked what the elevations were for the storage facility. Ms. Zeigler stated the elevations for that facility are not included in the conceptual building. The conceptual building elevations that were presented are the elevations they have had all along. When the applicant submits the final development plan for that storage building, staff would expect it to incorporate materials similar to the rest of the campus. Staff will work with the applicant on that issue at the final development plan time. Mr. Andy Heinen, 1001 Warrenville Road, Suite 350, Lisle, Illinois, Kmley-Horn Associates, Civil Engineers for the project, appeared on behalf of the applicant, Erickson Living. He noted as the campus is expanding and sales are doing well, they are looking to continue construction of the residential buildings. They have made some modifications to the western half and reviewed stipulations a through g and are in agreement. Chair Flanagan opened the public hearing. Upon receiving no comments, he closed the hearing.

14 Page 14 Mr. Reitzes agreed with staff and felt the revisions made to the plan are appropriate under the circumstances. Mr. Reitzes moved to recommend to the Council approval of Revised Preliminary Plan No , Tallgrass Creek, 139th Street and Metcalf, including stipulations a through g. Mrs. Sorensen seconded the motion, which carried by a vote of 8 to 0. REVISED PRELIMINARY PLAT NO The Farm at Garnet Hill Vicinity of the northwest corner of 167th Street and Switzer. Application made by J&A Real Estates, L.L.C. (Approved) Mr. Gooch presented Revised Preliminary Plat No , for The Farm at Garnet Hill, located in the vicinity of the northwest corner of 167th Street and Switzer. The revised plan is for a single-family subdivision. The property is currently zoned RE, Residential Estates District, and R-1, Single-Family Residential District. He pointed out the northern portion is zoned RE and the remaining portion zoned R-1, Single- Family Residential District. The applicant is requesting approval of a revised preliminary plat for a 47-lot single-family subdivision. A preliminary plat was approved in 2007 for the property, which is the RE portion that had 46 lots and is not changing from the originally approved plan. The northern acres is zoned RE and is being developed with 11 one-acre lots. The southern portion is zoned R-1 and proposed to be developed with 36 lots. There is a total of 47 lots in the Farm Garnet Hill subdivision, which is one more lot requested than in The west side of the pond is the only area that is changing. There are several different tracts included in this zoned area as well. Tracts A and B consist of stream corridor located along Switzer. Tract B also has the 25-foot landscape easement, which is required along Switzer. Tracts C, D and E are to be owned and maintained by the homes association and serve open space and entry features off Switzer. Tracts H and I are located along the future 167th Street and have 25-foot landscape easements. Tract J is stream corridor and surrounded by Lot 38, which is at the far southwestern corner of the subdivision. Tracts K and N are the two ponds, and Tracts L and M are stream corridor. There are a couple of tracts shown on the plat that were not used in the plat drawing. The applicant will be required to do some grading on 167th Street. The temporary thoroughfare is not going to be required to be built, and there is a large bridge that would be required, which the City will do in the future. The applicant is required to do some interim grading, which is stipulated. This requirement means they will be clearing out trees and grading somewhat to make all the grades match between the subdivision and 167th Street. Mr. Gooch presented a picture of the subdivision request that was continued from the previous application. The Planning Commission received many letters from adjacent neighbors expressing concern about a change that was made to keep the street on the east side. Now there are lots between the street and the Mills Farm subdivision, which is more in line with the original request, and the neighbors are more supportive of that request. Mr. Gooch distributed some revised stipulations. Stipulation l should read in the very first sentence, grading must match the proposed future grade of 167th Street at the

15 Page 15 property line. The remaining two sentences will be removed. The other change was to stipulation m, which was to change Nieman to 167th Street. Staff recommended approval of Revised Preliminary Plat No , subject to stipulations a through r, including the changes. Mrs. Sorensen asked if a buffer existed between the RE and R-1 area as in a deeper rear-yard setback. Mr. Gooch stated the R-1 zoning has a 25-foot setback, and RE has a 75-foot setback. There is no additional buffer from the homes. Mr. Tim Tucker, 1270 North Winchester, Olathe, Phelps Engineering, appeared on behalf of the applicant and was in agreement with stipulations a through r, including the modification to stipulation l and m. Chair Flanagan opened the public hearing. With no further comments, he closed the hearing. Mr. Troester moved to recommend to the Council approval of Revised Preliminary Plat No , The Farm at Garnet Hill, vicinity of the northwest corner of 167th Street and Switzer, subject to stipulations a through r, including revisions to stipulations l and m. Mr. Reitzes seconded the motion, which carried by a vote of 8 to 0. FINAL PLAT NO The Farm at Garnet Hill, Third Plat Vicinity of the northwest corner of 167th Street and Switzer. Application made by J&A Real Estates, L.L.C. (Approved) Mr. Gooch presented Final Plat No , The Farm at Garnet Hill, Third Plat, located at the northwest corner of 167th Street and Switzer, which is a 39-acre piece of property zoned R-1, Single-Family Residential District. He indicated the western portion of the preliminary plat that was just approved by the Planning Commission has a total of 22 lots, and 167th Street will be platted as part of this plan as well as grading to be provided with the preliminary plat. Tracts H and I have the required 25- foot landscape easement along 167th Street, and Tract J is surrounded by Lot 38 and located on the southwest corner of the plat which has stream corridor. There are a couple of ponds and stream corridors located through the middle of the final plat. The final plat matches the preliminary plat. Staff has reviewed the final plat, and except for some minor technical issues, all ordinance requirements have been met. He distributed the revised stipulations, stating stipulation n is acceptable as was presented, but stipulation m should read like the previous stipulation, that grading must match the proposed future grading of 167th Street at the property line, with the two additional sentences being removed. Staff recommended approval of Final Plat No subject to stipulations a through s and modifications to stipulations m and n. Mr. Tim Tucker, Phelps Engineering, 1270 North Winchester, Olathe, appeared on behalf of the applicant and is in agreement with stipulations a through s, including the modifications to stipulations m and n. Mrs. Thacker moved to recommend to the Council approval of Final Plat No , The Farm at Garnet Hill, Third Plat, including stipulations a through s and revised

16 Page 16 stipulations m and n. Mr. Troester seconded the motion, which carried by a vote of 8 to 0. PRELIMINARY PLAT NO The Metcalf Village Shops Vicinity of the southeast corner of 159th Street and Metcalf. Application made by Real Estate Innovations. (Continued) Mr. Reitzes moved to continue Preliminary Plat No , The Metcalf Village Shops, to the June 9, 2014, Planning Commission meeting. Mrs. Sorensen seconded the motion, which carried by a vote of 8 to 0. REVISED PRELIMINARY PLAT NO WatersEdge Vicinity of the northeast corner of 159th Street and Mission Road. Application made by WatersEdge Land Company, L.L.C. (Continued) Mr. Gooch presented Revised Preliminary Plat No , WatersEdge, and stated the application was being continued to the June 9, 2014, Planning Commission meeting due to a notification error. Mr. Reitzes moved to continue Revised Preliminary Plat No , WatersEdge, northeast corner of 159th Street and Mission Road, to the June 9, 2014, Planning Commission meeting. Mrs. Sorensen seconded the motion, which carried by a vote of 8 to 0. FINAL PLAT NO WatersEdge Amenities Vicinity of the northeast corner of 159th Street and Mission Road. Application made by WatersEdge Land Company, L.L.C. (Continued) Chair Flanagan announced that Final Plat No , for WatersEdge Amenities was being continued to the June 9, 2014, Planning Commission and does not require a motion. FINAL DEVELOPMENT PLAN NO AT&T Communications Tower Vicinity of the southwest corner of 144th Street and Antioch. Application made by AT&T Mobility. (Approved) Ms. Zeigler presented Final Development Plan No , for AT&T Communications Tower, located in the vicinity of the southwest corner of 144th Street and Antioch. AT&T Mobility is the applicant for the request. The property is zoned AJ, Agricultural District, under the Johnson County zoning regulations with an indefinite special use permit for the electrical sub-station. The Planning Commission reviewed the special use permit for the communications tower in January, and the City Council approved it in February of this year. She presented an aerial photo of the site showing the communications tower at the Kansas City Power and Light (KCP&L) substation near

17 Page rd Street and Antioch. T-Mobile had a tower approved in the area in 2008, but they did not build it, and now AT&T is proposing to build the tower. The tower is 110 feet, which replaces an existing power pole and the lines will be placed on that pole with the antenna in the interior of the new pole at the top. She recalled with the special use permit consideration, the Planning Commission asked that the applicant meet with the neighbors about landscaping, which has been done. The trees planted to the north have been agreed to by the neighbors. The placement along with an increased height will include 20 to 25 foot tall trees to be placed in that location. This final development plan could have been scheduled for the Planning Commission Consent Agenda, but there was a mix up in the heights for the trees in terms of what the neighbors had agreed to at the time the agenda was numbered. After the agenda was set, the correction was made. There is no representative in the audience for AT&T Mobility. She provided the landscape plan that was provided to the neighbors, and they were in agreement. Staff recommended approval of Final Development Plan No for AT&T Communications Tower, subject to stipulation a. Mr. Reitzes moved to recommend to the Council approval of Final Development Plan No , for AT&T Communications Tower, located in the vicinity of the southwest corner of 144th Street and Antioch, including stipulation a. Mrs. Thacker seconded the motion, which carried by a vote of 8 to 0. SIGN DEVIATION NO Villa Medici Sign Deviation 9550 Ash. Application made by Villa Medici Apartments. (Approved) Mr. Scarbrough presented Sign Deviation No , Villa Medici Sign Deviation, located at 9550 Ash. Staff originally heard this case on April 14, The sign is an off-site sign that is not allowed by City regulations; however, the sign has been in that location for nearly 40 years. Staff is not sure the sign was approved, but the applicant would like to make minor modifications to improve the sign, which is located at the corner of 95th Street and Rosewood. The Planning Commission requested the applicant speak with the property owner to have an agreement as to whether or not they would allow the sign in its present location. The applicant brought in a written agreement that has been notarized. He noted that the stipulations he just distributed include stipulation c, which was added to state that if the applicant would like to make further changes to the sign in the future, they would not only have to obtain Planning Commission approval, but written approval by the property owner as well. If the sign deviation request is approved by the Planning Commission today, there is nothing that would stop the property owner in the future from removing that sign, and that approval would not allow the sign to remain in perpetuity. Staff is still recommending denial of the request, but should the Planning Commission find the application acceptable, they would recommend stipulations a through c. Ms. Ronnie Foye, 9550 Ash, appeared as the applicant for the request, and stated that she had obtained permission from the property owner regarding the sign. Chair Flanagan asked if the letter Ms. Foye possessed granted permission from the property owner, which is the shopping center on the corner, that would give permission to Villa Medici to have the sign on their property. Ms. Foye agreed.