OVERLAND PARK PLANNING COMMISSION MEETING. September 8, 2014

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1 OVERLAND PARK PLANNING COMMISSION MEETING September 8, 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. George Lund; Mr. Bob Gadd; Mr. David M. Hill; Mr. Rob Krewson; and Mrs. Kim Sorensen. 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; Mr. Brian Shields, Acting Director of Public Works; Ms. Pam Fortun, Senior Stormwater Treatment Engineer; Ms. Alysen Abel, Senior Civil Engineer; Mr. Mike Russo, Human Resources Manager; Mr. Ernesto Longoria, Senior Civil Engineer; and Ms. Cindy Terrell, Recording Secretary. Approximately 35 people were in the audience. CONSENT AGENDA (Approved Items A, C, D, E, F, G, H, I, J, K, L, M, N, and P; and continued Items B, O, and Q.) A. REVISED PRELIMINARY PLAN NO Bluhawk Marketplace - Vicinity of the southeast corner of 159th Street and Antioch. Application made by DMP 159/69, L.L.C. B. FINAL DEVELOPMENT PLAN NO Bluhawk Marketplace - Vicinity of the southeast corner of 159th Street and Antioch. Application made by DMP 159/69, L.L.C. C. FINAL DEVELOPMENT PLAN NO College College Boulevard. Application made by ANL 8300, L.L.C. D. FINAL DEVELOPMENT PLAN NO Highlands Lodge Dog Park Indian Creek Parkway. Application made by Lodge at Highlands Village. E. FINAL DEVELOPMENT PLAN NO Sanford and Sons - Vicinity of the northwest corner of 119th Street and Blue Valley Parkway. Application made by Privitera Realty Holdings. F. FINAL DEVELOPMENT PLAN NO Corbin Park Lots 3 and 3a - Vicinity of the southeast corner of 135th Street and Metcalf. Application made by The Raiden Group, L.L.C. G. FINAL DEVELOPMENT PLAN NO Kmacho's Mexican Restaurant Metcalf. Application made by ATA Architects, L.L.C.

2 Page 2 H. FINAL DEVELOPMENT PLAN NO Christ Lutheran Church Nieman. Application made by Christ Lutheran Church. I. FINAL DEVELOPMENT PLAN NO Overland Station - Vicinity of the northwest corner of 121st Street and Blue Valley Parkway. Application made by Lukas Realty, L.L.C. J. FINAL DEVELOPMENT PLAN NO Silvercrest at Deer Creek Metcalf. Application made by Silvercrest Deer Creek, L.L.C. K. FINAL PLAT NO Wilshire Ridge - Vicinity of the northwest corner of 167th Street and Antioch. Application made by Wilshire Farms, L.L.C. L. FINAL PLAT NO The Enclave at Mills Farm Second Plat - Vicinity of the southeast corner of 159th Street and Quivira. Application made by Mills Farm Development, L.L.C. M. FINAL PLAT NO Mills Farm Fourteenth Plat - Vicinity of the southeast corner of 159th Street and Quivira. Application made by Mills Farm Development, L.L.C. N. FINAL PLAT NO Melrose Reserve - Vicinity of the northwest corner of 133rd Street and Melrose. Application made by JSRE, L.L.C. O. FINAL DEVELOPMENT PLAN NO Hy-Vee Expansion West 135th Street. Application made by Hy-Vee Food Stores C/O Mr. D. P. FINAL PLAT NO Corbin Park Twentieth Plat - Vicinity of the southeast corner of 135th Street and Metcalf. Application made by UBT Development Company, L.L.C. Q. FINAL DEVELOPMENT PLAN NO West Park Shopping Center - Vicinity of the northeast corner of 87th Street and Farley. Application made by 5SC-Westpark, L.L.C. Current Planning Manager Leslie Karr stated that all Consent Agenda items were ready for approval with the exception of Items O, and Q, which were continued to the October 13, 2014, Planning Commission meeting. Regular Agenda item Nos. 2, 8, and 11 were continued to the October 13, 2014, Planning Commission meeting, item Nos. 3 and 12 were continued to the November 10, 2014, Planning Commission Meeting, and item No. 16 was continued to the January 12, 2015, Planning Commission meeting. Regular Agenda item No. 5 was withdrawn. She asked that Consent Agenda Item B be removed for separate discussion Mr. Edward Ned Reitzes moved to approve Consent Agenda Items A, C, D, E, F, G, H, I, J, K, L, M, N, and P as presented, including all stipulations, and that Items O and Q be continued to the October 13, 2014, Planning Commission meeting. Mrs. Janie Thacker seconded the motion, which carried by a vote of 10 to 0. Senior Planner Keith Gooch presented Final Development Plan No , Bluhawk Marketplace, in the vicinity of the southeast corner of 159th Street and Antioch for

3 Page 3 review. This is a new retail, 11,867 square-foot multi-tenant building shown as Building 1C on the plan. The only issue from staff involved the northern elevation that faces 159th Street. He pointed out 159th Street and Antioch on the map, as well as the private drive that enters the development. The southern facade will face another building previously approved by the Planning Commission. That building went before the Site Plan Review Committee. The subject building did not go before them for further review. Staff asked the applicant to add more brick to the plan, as well as a combination of windows, awnings, or detailing to the northern elevation. The applicant was not agreeable to that request, so staff pulled the item for further discussion. With regard to masonry and cementation with the glazing products, Vice Chair Steve Troester asked if ratios met the requirements. Mr. Gooch answered yes. He referred to page No. 17 of the packet material that outlined the glazing percentages. He was unsure how the hard surface had been defined in the plan, but they were close to 50 percent. Hard surface is required to be made up of brick and masonry. Staff reviewed the north elevation that faces 159th Street and felt it needed more masonry and detailing than what is shown on the plan. Mr. Mike Allen, applicant, Metcalf, stated the hard surface is made from a heavy product that includes masonry and stone. The plan meets the 50 percent requirement for heavy product on this elevation, as well as on all of the other elevations. They prefer the elevation as it was shown on the plans. Vehicles travel down 159th Street at a fairly rapid rate and there is no real pedestrian look or feel to the area. It is the back side of the building and they wanted to accent the front of the building. The applicant was happy with the plan as presented. Mr. David M. Hill asked the applicant about any signage that might be contemplated for the facade. Mr. Allen replied they had yet to discuss signage, because there were no tenants under contract at this time. The project will be driven by its tenants. They defined approximately 7,000 square feet at end of the building as a neighborhood restaurant. He pointed out the area of that location on the map. Mr. Hill said if that part of the building ended up with one user, there could be multiple options for signage. Mr. Allen said that was correct. They broke up the building to a 7,000 square-foot restaurant, a couple of 12,000 to 14,000 square-foot endlines, and a 25,000 square-foot specialty shop. At times, Mr. Hill believed signage influenced form and how the Planning Commission might consider a particular elevation. Chair Flanagan said the applicant relayed they wanted to focus on the front of the building, but the discussion turned to the back of the building. The back of the building faces 159th Street, which is the part of the building most people would see rather than the front of the building. Chair Flanagan asked the commissioners if they saw any benefit of sending the item back to the Site Plan Review Committee, or if they thought they were past that point in the course of action. Mr. Hill supposed that could happen, but said this particular elevation had not been seen before by the Planning Commission. He does not like to bring applicants back to meetings, but felt it might be worthwhile to spend more time on this issue. Chair Flanagan pointed out that this would be the first build-out on the project. The Planning Commission needed to ensure what they decided was correct for the applicant, the City, as well as themselves. He recommended sending the item back to the Site Plan Review Committee for further review. Mr. Troester felt that was a

4 Page 4 reasonable recommendation. He referred to Mr. Hill s earlier comments and agreed that the elevation warranted additional review. He believed both the Site Plan Review Committee and the Planning Commission would prefer to think about four-sided architecture. Buildings do not typically have fronts and backs, although they do from both a practical and pragmatic manner. It may benefit the project to undergo further study, given its prominent presence on 159th Street. When the revised elevation is presented at the next Planning Commission, Mr. Tom Lance asked to see a depiction of the landscaping in conjunction with the elevation. They knew for certain there would be signage on the one elevation because it faces a high traffic area. He would like to see a sample of the suggested signage and asked the applicant to relay if any night lighting would be planned on that elevation. From a public standpoint, that part of the building should be made to look nice. Mr. Hill moved to continue Final Development Plan No , Bluhawk Marketplace, vicinity of the southeast corner of 159th Street and Antioch, to the October 13, 2014, Planning Commission meeting. Mr. George Lund seconded the motion, which carried by a vote of 10 to 0. UNIFIED DEVELOPMENT ORDINANCE AMENDMENT NO Amendments to Chapter , Special Uses, of the Unified Development Ordinance. Application made by the City of Overland Park. (Continued) Mr. Bob Gadd moved to continue Unified Development Ordinance Amendment No , Amendments to Chapter , Special Uses, of the Unified Development Ordinance, to the October 13, 2014, Planning Commission meeting. Mrs. Kim Sorensen seconded the motion, which carried by a vote of 10 to 0. UNIFIED DEVELOPMENT ORDINANCE AMENDMENT NO Amendment to Section , Downtown Form Based Code, of the Unified Development Ordinance. Application made by the City of Overland Park. (Continued) Mrs. Thacker moved to continue Unified Development Ordinance Amendment No , Downtown Form Based Code, to the November 10, 2014, Planning Commission meeting. Mrs. Sorensen seconded the motion, which carried by a vote of 10 to 0. REZONING NO Antioch. Rezoning requested from CP-1, Planned Restricted Business District, and CP-2, Planned General Business District, to CP-2, Planned General Business District, to allow a convenience store and gas station. Application made by Hy-Vee, Inc. (Approved) Senior Planner Keith Gooch indicated the applicant was requesting approval to rezone the property located at 9545 Antioch from CP-1, Planned Restricted Business District, and CP-2, Planned General Business District, to CP-2, Planned General Business District, to allow a convenience store and gas station. He presented a vicinity map,

5 Page 5 noting that the north, west, and south sides of the property are already zoned CP-2. Portions of the south and east sides are currently zoned CP-1. The site is a 1.22-acre tract of land. Two existing buildings will be demolished to allow for the new convenience store and gas station. One building is a former restaurant. The second is an office building located immediately to the east. The site plan showed a 4,380 square-foot building with a six-pump gas station. The gas canopy will be located in front of the convenience store building, with access to the site from existing drives. Parking will be located along Antioch and immediately in front of the building. There are a total of 21 parking spaces. There is an entrance into the drive-thru facility at the rear of the building which is a Caribou Coffee shop. The architecture, design, and use of the building are similar to the Caribou Coffee shop recently opened at 135th Street and Antioch. A total of 11 stacking spaces are provided for the drive-thru. Staff is comfortable with that number. A six-foot setback is provided from the eastern property line. Staff had additional concerns with the misalignment of the two drives located at the location; however, if the property to the south is ever redeveloped, staff will ask for the drive locations to be better aligned. There is not a lot of traffic in the area and staff is comfortable with the current design. A landscape plan was submitted by the architect. Staff believes the plan is deficient in a few areas. They will work with the applicant at the time of final development plan to provide for additional landscaping, mostly which will be located in the area around the drive-thru, similar to along the 135th Street location and the drives entering the site. A comment had been made about placing a sidewalk along the southern drive. Staff discussed this with the applicant and determined the grades at that location were not sufficient for a sidewalk. When the property to the south develops, a sidewalk will most likely be constructed in that area. A connection was placed on the south side of the building to allow cross-access across the drive. Mr. Gooch presented the proposed elevations. They were similar to the Hy-Vee C-store located at 135th Street and Antioch. The building is proposed to be constructed of brick with the entrance to the Caribou Coffee shop constructed of stone. The brick will match the Hy-Vee materials. There may be some minor tweaks that would mostly deal with the east elevation that has a small dip in the parapet. Staff wanted to ensure all the rooftop equipment was entirely screened from view and a cornice was provided. This will be reviewed at the time of final development plan. Staff was in support of the remaining building elevations as submitted. The future development plan identified the area to be appropriate for CP-2 use. Prior to the start of the meeting, staff provided the Planning Commission with a copy of a letter and that had been submitted by two of the surrounding property owners. Both parties were opposed to the request. Staff recommended approval of Rezoning No , subject to stipulations a through m. Mr. Tom Lance mentioned there was an existing building located in the vicinity of 95th Street and Antioch that had fake windows. They are large, white, bland panels. He asked what could be done to ensure that did not happen with this project, and he

6 Page 6 questioned if the rear elevation would include opaque or clear panels that included advertising. The developers of the Target store near Oak Park Mall did an excellent job with their design. Mr. Gooch relayed that the proposed plan showed spandrel glass on the rear, east-facing elevation, as well as spandrel glass on the front façade facing Antioch. It is called vision glass. The north elevation has a combination of spandrel and vision glass. Staff typically waits until final development plan to ask the applicant to submit a materials board. Mr. Lance said opaque could be any color. Based on that fact, he had concern with the elevations. Chair Mike Flanagan referred to the Traffic Impacts section of the staff report which stated per City policy, the applicant would be required to totally fund the cost of a traffic signal at the main site driveway and Antioch location; however, stipulation f read if a traffic signal is deemed warranted in the future, the applicant would be responsible for 50 percent of the signalization cost. Mr. Gooch clarified that stipulation f was correct. Earlier discussions with the applicant implied they would fund the total cost of a traffic signal, but that had since changed. Mr. John Petersen, representative for the applicant, Polsinelli PC, 6201 College Boulevard, was present on behalf of Hy-Vee, Inc. He stated the applicant was requesting rezoning approval so they could add another component to the redevelopment occurrences that have taken place over the last year with the Hy-Vee supermarket located at 95th Street and Antioch. He recognized Mr. Rob Wadley, director of real estate, Hy-Vee, Inc., and Mr. Brad Sonner, civil engineer, Olsson and Associates. Mr. Petersen indicated that the applicant reviewed stipulations a through m and found them acceptable. With regard to Mr. Lance s concern with the type of glass on the building, the developer will bring detailed information to a future Planning Commission meeting at the time of final development plan. He offered to answer any questions. Mr. Rob Krewson asked for clarification on the northwest access point private drive located between the building and the canopy. A question was raised about the possibility of traffic bottling up at that point. Mr. Petersen replied that every developer or operator of a convenience store wants to ensure their moniker is correct and it is convenient to shop at their facility. Developers carefully study those types of issues to ensure that based on pattern, practice and numerous locations in a variety of configurations across the country, there is enough capacity in the drive aisle widths or if stacking momentarily took place on a private drive, that it remained operational, convenient, and safe for the public. City staff studies momentary congestion in different project areas to ensure it would not impact the public street system and create a larger issue. It is a business model and the Hy-Vee property developers understand how to build their facilities. Anytime infill takes place, it may be tighter than if this store and gas station were to be built on the property at 135th Street and Antioch. Hy-Vee is comfortable with the design and staff s recommendation for approval. Mr. David M. Hill asked for the refueling location on the site. Mr. Petersen pointed out it would be located behind the pick-up lanes and pick-up window of the Caribou Coffee shop. That is where the underground storage tanks will be located and the reason that aisle is wider. Cars will be able to pass the fuel trucks during the refueling process. Refueling usually takes place during off-peak times of the day.

7 Page 7 Mrs. Thacker said two buildings would be demolished. She believed the former restaurant building adjacent to Antioch was vacant. Mr. Petersen confirmed that to be correct. The office building is vacant as well. If the rezoning request is approved, those buildings will be demolished in a short period of time. Chair Flanagan opened the public hearing on this item. Mr. Qaisar Lateef, representative for the owner, 7-Eleven, 8700 West 95th Street, thanked the Planning Commission for the opportunity to speak before them. He asked the Planning Commission to consider the amount of existing gas stations in the one square block area of 95th Street and Antioch. The 7-Eleven has seen a drop in business. There is a saturation of gas stations in the immediate area. Allowing Hy-Vee to bring in more fuel pumps will take a large amount of business away from the other fuel stations and could result in closings. He said Hy-Vee is a large company and the 7-Eleven is operated by a small business operator who is required to compete on a daily basis with the gas prices of the neighboring pumps. 7-Eleven will not be able to compete with the pricing offered by Hy-Vee and their co-op program. Ms. Karen Therese, resident, 8112 West 99th Street, pointed out that the earlier aerial photograph of the property had been taken before the Hy-Vee grocery store was built. She believed the photograph must have been taken early in the morning, because it did not reflect the current traffic conditions in the vicinity of 95th Street and Antioch. She lives in a nearby neighborhood and loves the new Hy-Vee grocery store because it was formerly blighted property. The new Hy-Vee increased traffic along Hadley, Lowell, 97th Street, and 99th Street. People try to avoid the 95th Street and Antioch intersection because of the increased traffic. Ms. Therese pointed out the four nearby gas stations in the area on the site map. One gas station was not visible from the map and located on the southeast corner of 95th Street and Riley. If a Hy-Vee gas station is approved for this property that will make five gas stations within walking distance. Another gas station would be an environmental hazard and safety concern to the area. Ms. Therese disagreed that the Hy-Vee C-store would not increase traffic. The site is located right next to the public Stonegate Pool. She spoke with several of the nearby small business owners who were unable to attend the meeting today. Two of those businesses were KC Watch and Joslin s Jewelry. Some employees of Hy-Vee park behind the Joslin s building. Hy-Vee asks their employees to park at the far west end of the parking lot. The employees and owners of the local businesses are unable to get into their own parking spaces, which in turn causes parking problems for their customers. People have started to park at the old restaurant site. Mr. Lance asked Ms. Therese to point out her house on the map. Her house was not visible from the map. She lives farther south on Antioch off 99th Street. Her grandson attends Brookridge Day School which is located directly behind Hy-Vee on Hadley. She said the traffic is terrible at 11:45 a.m. when she picks him up from school. Large semi-trucks loading and unloading from Hy-Vee park on Hadley. Traffic driving in and out of the side exits of Hy-Vee should to pay close attention because sometimes the semi-trucks are two-deep waiting on Hadley to pick up or deposit at the loading bays. Mr. Roland Evans, representative for GasMart USA, a Conoco-Phillips gas station located at 9805 West 95th Street, stated that GasMart USA objected to the proposed

8 Page 8 project. GasMart USA also owns the Conoco-Phillips gas and convenience store on the southeast corner of 95th Street and Riley. Several gas stations are located in the immediate area. GasMart USA contributes to the community. They have made upgrades to their two facilities totaling approximately $250,000 in the recent months. The subject develop-ment would take away from their investment and hinder their ability to remain profitable in the area. Mr. Steve Cotsworth, resident, 9417 Kessler, stated he would like to see the Hy-Vee gas station and convenience store developed. He shops for his groceries at Hy-Vee and accumulates gas points with his purchases. The closest location to redeem those points is at 79th Street and Quivira. If this project is approved, there would only be two gas stations within walking distance in the vicinity of the 95th Street and Antioch intersection, the Hy-Vee and the 7-Eleven. Another gas station is located one-half of a mile down 95th Street. Mr. Cotsworth said the abandoned restaurant building was an eyesore. The Hy-Vee gas station and convenience store would bring a fresh and needed new look to the area. Vehicles headed northbound on Antioch that turn left onto 95th Street at Antioch have to pay close attention to the traffic in front of them when they make their turn. He has seen vehicles stop in the middle of the road to cross lanes in order to access the 7-Eleven store and its gas pumps. This activity happens all throughout the day and night. His neighbors agree with him that a gas station positioned on the east side of Antioch at the proposed location would eliminate some of the 7-Eleven vehicle activity. Hearing no further comment, Chair Flanagan closed the public hearing. Mr. Petersen said he would pass the resident comments on to the applicant, knowing that competition is not a matter that is typically addressed by the Planning Commission. His hope was for all of the businesses in the area to do well. The Planning Commission is not in the business of picking winners and losers when offering like services. The 95th Street and Antioch intersection is busy, particularly during a.m. and p.m. peaks, as well as around the noon hour. That intersection carries a lot of traffic but does not exceed capacity. Information provided by the City over the years has shown that given the congestion and periodic delays with the four commercial locations on the corners of that intersection, traffic has operated at acceptable levels. The applicant is not required to conduct a traffic study. Staff acknowledged there is a lot of traffic in that area of the City, but as long as the developer designs points of ingress and egress that provide enough capacity internal to the property to ensure traffic would not back up into the street, it would work well. There may be occasional delays, but that is what good, vibrant commerce is all about. Mr. Petersen said convenience stores are not typically destination shopping for people. Convenience stores are shopped by individuals in their normal travel who pass to and from on their way to work or school, for example, because they are convenient. Fortunately, a 7-Eleven is located on the northwest corner of 95th Street and Antioch intersection and there is a Conoco-Phillips gas station located farther to the east on 95th Street. There are many options in the area for people to access those different facilities, instead of having to do anything out of the ordinary to access the Hy-Vee convenience store and gas pumps. Having a number of competitors in the area might possibly benefit everyone.

9 Page 9 Staff and the applicant determined people might say the area was becoming too congested during day and evening peak hours, but the proposed business would operate safely given the situation in the area. If, in fact, as the staff report indicated and the stipulations require, a need ever arose for a traffic signal to be placed at the northern entrance and Antioch, Mr. Petersen said the applicant already committed to pay 50 percent of the cost. For the record, he would not imagine the Hy-Vee C-store could produce 50 percent of the traffic that would utilize that drive or overall intersection, but the applicant was happy to make that commitment if and when the City deemed a signal was warranted. He thanked the Planning Commission for their support and asked to move this item forward to the Governing Body for consideration. Chair Flanagan asked if anyone could use the gas pumps at a Hy-Vee gas station, or were they just for Hy-Vee patrons to redeem their points. Mr. Petersen replied that anyone will be able to use the Hy-Vee gas pumps. Chair Flanagan asked if the people who did not have points to redeem would pay higher prices per gallon of gas. Mr. Petersen confirmed patrons with Hy-Vee points would receive a reduction in their price per gallon. From an architectural standpoint, Mr. Hill felt the building was okay. Recognizing the request was a rezoning, he noted that the Planning Commission would have the opportunity to review the final development plan. He encouraged the applicant s design team to consider a better termination for the two entryways and the above cornice detail. As a member of the Site Plan Review Committee, the plan did not feel right to him. He liked the building in general, but wanted more work to be done on the cornice detail to make the entryways more prominent by either working on the cornice or in another architectural direction to add emphasis to the entry points. Mr. Hill liked the mix of the businesses in the area. He agreed with Mr. Petersen that unless the City s law department disagreed, the Planning Commission was not in the business of regulating a mix of businesses. He said he took a laissez faire approach when it came to different mixes. Obviously, the applicant had done their homework. They believe the two uses will be viable in the area and make them a profit. He was in favor of the application. Mr. Krewson recalled that one resident had proposed a different type of use for the site. With regard to type of other service that would generate trips and traffic, he questioned if staff had any concern with the proposed use. Mr. Gooch responded that the applicant was not required to perform a traffic study because the property is already zoned CP-2 and CP-1. Those zonings allow different uses of property that would generate close to the same amount of traffic in the area, or possibly more. Staff reviewed the applicant s traffic study, mostly for the internal drive system. Staff had no concerns with traffic bogging as a result of ingress and egress into the proposed use. Mr. Lance agreed with Mr. Hill s comments on elevation. He questioned the use of stone on the front elevation. Oftentimes, applicants provide a material board for the Planning Commission to consider. It is sometimes difficult to picture how a building will look from the elevation drawings. A colored rendering would be sufficient. Vice Chair Steve Troester acknowledged that Ms. Therese had voiced concerns from an environmental perspective. He asked staff if they had any environmental concerns with the project. Mr. Gooch said the Environmental Protection Agency (EPA) or the

10 Page 10 Kansas Department of Health would manage any environmental issues on the project. The City does not involve itself with environmental aspects of gas stations. Mrs. Thacker said that Ms. Therese mentioned semi trucks were parking on Hadley waiting for access to the loading docks and wondered if that was allowed by the City. It could be a potential safety issue. Acting Director of Public Works Brian Shields stated some of the nearby neighbors, as well as the Brookridge Day School, had voiced concern about the semi trucks parking on Hadley. Occasionally, trucks overload the area. There is plenty of room to access the truck docks to perform their unloading or loading process. Staff spoke to Hy-Vee management about an enhancement to their delivery schedule. Since he is not able to keep a constant eye on the area, he relies on the Brookridge Day School staff to contact him with any complaints. When he has driven through the area from time to time, he has not seen anything that concerned him. That was not to say there was no reason for concern during other times. One stretch of roadway on Hadley is posted with No Parking signs behind the Hy-Vee. Beyond that, the semi-trucks are allowed to legally park on the street. The City does not want the trucks to unload from the street. In summary, Mrs. Thacker said semi truck parking is allowed on Hadley. Mr. Shields answered yes. Mrs. Thacker asked about the building owners located immediately north of the proposed project and their allotment of parking. She questioned if the parking stalls located behind the strip business where Joslin s is a tenant were allocated strictly for employee parking. Mr. Gooch presented an aerial photograph of the strip business where Joslin s is located. The photograph was taken during the construction of the Hy-Vee grocery store. He pointed out the parking lot at the front of that building and advised that customers and employees park in that area. That was not to say some of them would not park at the back of the building, but those spaces are not strictly designated for them. Mrs. Thacker referred to a newer aerial photograph of the site that showed the finished Hy-Vee grocery store and a row of parking located on the east side of the strip business. She asked if that parking area was part of the Hy-Vee development. Mr. Gooch pointed out the entire grid of parking for the Hy-Vee grocery store. It included the two entrances off Antioch on either side of the strip business. Mr. Shields referred to some of the earlier comments that were made regarding a possible traffic increase in the area. The City does not have an exhaustive database of what traffic does every day of the year at that specific location. On occasion, staff takes traffic counts in the general area. In 2010, they took a traffic count south of 95th Street on Lowell. At that time, an average of 4,100 vehicles traveled Lowell on a daily basis. In 2011, that same count dropped to 3,400 vehicles. In 2013, the same count rose again to 3,700 vehicles. Vehicle counts vary from year to year and from day to day. Staff performs specific roadway traffic counts during the same timeframe in any given year. If there is a school in the area, they perform traffic counts during the active school year. Generally, counts are performed on roadways that are not near schools in the summer or fall. In 2009, daily traffic counts were logged at 17,300 vehicles per day on Antioch to the south of 95th Street. In 2010, that number increased to 19,700 vehicles. In 2013, it decreased to 18,600. The numbers fall into a general area of 18,000 to 20,000 vehicles on a daily basis in that area of the City. Mr. Shields did not believe there had been a huge increase in traffic in that general area. Taking into consideration the blighted condition of the former strip shopping center that was located on the current

11 Page 11 Hy-Vee grocery store site, some increase in traffic was justified for the many new developments in the overall area. Mr. Reitzes asked if staff was able to predict future traffic projections, for example, in Mr. Shields believed the applicant had some indication of future traffic projections since they performed a traffic study for the proposed development when they designed the Hy-Vee grocery store. He assumed that study would have projections that ran through 2035 or Mrs. Thacker asked when the Hy-Vee grocery store opened. Mr. Gooch believed it opened in February Mr. Shields said the 2013 traffic count took place after the Hy-Vee grocery store opened for operation. Mr. Troester lives north of 95th Street and Antioch. He is fortunate to be able to patron either the Price Chopper located at 87th Street and Antioch or the new Hy-Vee. He recalled his economics teacher s definition of laissez faire economics, which was government stay out, and in terms of competition topics, he felt that was what the Planning Commission should do. As a resident of the subject area, he avoids Antioch on his daily commutes. He sometimes takes U.S. Alternate 69 Highway and goes east on 95th Street to avoid traffic buildup. He appreciated the perspective from Ms. Therese, about how traffic had increased in the area. As indicated earlier by Mr. Shields, sometimes perception can be psychological with what traffic counts reveal, but the neighboring streets in this area remain at acceptable levels. Since a few gas stations are in operation in the immediate area from the proposed convenience store, he felt the project would work well for some people and maybe not so well for others. He was in support of the motion. Mr. Reitzes said he would support the application. He lives near the Hy-Vee grocery store located at 135th Street and Antioch that has a convenience store and gas pumps. It seems to work okay in that area and he assumed it would work in the subject area as well. He felt it would be an improvement over what had sat on this site for many years and should be viewed as rejuvenation to the area. Mr. Troester moved to recommend to the Council approval of Rezoning No , 9545 Antioch, subject to stipulations a through m. Mr. Reitzes seconded the motion, which carried by a vote of 10 to 0. 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. (Withdrawn) SPECIAL USE PERMIT NO Nall. Special use permit requested for a five-year period of time to allow a lithotripsy trailer. This property is currently zoned CP-O, Planned Office Building District. Application made by CMP Building I, L.L.C. (Approved) Planner Aaron DuBois indicated the applicant was requesting approval of a special use permit for a five-year period of time, to allow a mobile lithotripsy trailer to park in their

12 Page 12 lot. The property is currently zoned CP-O, Planned Office Building District. The subject property is located on the southeast corner of Indian Creek Parkway and Nall. It is surrounded by a mixture of commercial, office, and multi-family development. The TopGolf International, Inc., facility and the Highlands Village development are located to the north. Shawnee Mission South High School is located northwest of the property. The Planning Commission reviewed several of these types of trailers that have been placed in different locations throughout the City of Overland Park. Lithotripsy is a noninvasive kidney stone treatment. There are no permanent locations for lithotripsy procedures, so a mobile trailer is used for treatment. The applicant proposed to occupy eight parking spaces on the property along the western edge of the building, adjacent to Nall. The trailer will be delivered on Thursday evenings and picked up by Sunday evening of that same week. The number of remaining parking spaces when the trailer is onsite meets City ordinance requirements. Staff was concerned with the visibility of the trailer location. Other similar trailers have been placed in service areas throughout the City which use screening techniques, such as building walls and landscaping. Two other locations for the proposed trailer include Saint Luke s South Hospital located at 125th Street and Metcalf and the KU Hospital located to the west across Nall. The trailer is screened with heavy landscaping and retaining walls at Saint Luke s South Hospital. At the KU Hospital, the trailer is parked in an alcove in between two buildings. Based on grades, the trailer is not visible from I-435. Prior to the application, staff heard from the Council that visibility was a big concern for them. Staff had the same concerns and recommended the trailer be moved to another location on the site so it is not visible to passersby. It could be placed behind the building on the southeast corner. Both the applicant and staff discussed this same concern. The applicant indicated that the other preferred locations by staff would be difficult to achieve, due to the internal configuration of the offices in the building, as well as the parking grading. The applicant indicated that the office that uses this trailer is located on the same side of the building where it is currently parked. Relocating the trailer to the back of the building might eventually become an issue. Staff has their concerns with the location of the trailer; however, should the Planning Commission recommend approval of the proposed location, they would recommend approval of a five-year timeframe for the special use permit, agreement of stipulation a, and the requirement of obtaining a building permit and the necessary inspections. Mr. Lance asked if the trailer would influence the parking requirements of the building. Based on the number of remaining parking spaces, Mr. DuBois responded that the building would remain in compliance to City ordinance requirements. Mr. Lance asked if the applicant planned to put up signage for the trailer. Mr. DuBois replied that the applicant had not provided staff with any type of signage or elevation information. He recalled that the trailer parked at the KU Hospital location had a small sign on the upper right corner that indicated the company name of who provided the service. Based on the signage, the trailer is not visually intrusive. Mr. Lance asked if the trailer would provide direct access into the building. Mr. DuBois said there would not be a covered walkway. There is a building entrance that leads into the urology center which is the operation that uses the trailer. Mr. Lance asked if any landscaping or lighting was planned to be installed around the outside of the trailer.

13 Page 13 Mr. DuBois replied that the applicant had not provided that information. The applicant could place extra landscaping along Nall to help screen the trailer, but that had not been discussed at this point. The trailer sits on concrete and asphalt, and he did not believe landscaping would be planted around the area where it is parked. The trailer is equipped with safety lights, but they are not intrusive to the neighboring community. Mr. Lance asked for the height of the trailer. Mr. DuBois replied it is approximately 15 feet in height. Mr. Lance asked if the tenants in the building would be able to view the trailer from their windows. Mr. DuBois answered yes, if their office is on the first floor. He believed the employees located on the second floor would have a view over the top of the trailer from their windows. Mr. Lance asked what company was located on the first floor that looked out to the trailer. Mr. DuBois said the urology office is adjacent to the trailer. Mr. Bob Gadd asked for the definition of lithotripsy. Mr. DuBois explained that lithotripsy is a noninvasive kidney stone treatment that applies pressure to the outside of the skin, instead of actually entering the kidneys to break up the stones. Mr. Gadd asked if the entire procedure was performed within the confines of the trailer. Mr. DuBois answered yes. Mr. George Lund asked to see a photograph of the trailer. He was curious about the color. Mr. DuBois relayed that the applicant would provide photographs and elevations during his presentation. Mrs. Thacker asked if the entrance into the building on the side of the trailer was public or restricted. Mr. DuBois responded that it is a restricted entrance, but is a functioning door. Chair Flanagan clarified that the trailer would be parked on the site on Thursday evening, all day Friday and Saturday, and part of Sunday. Mr. DuBois replied that was the timeframe indicated by the applicant for this location. Chair Flanagan asked if that schedule would be year-round with the five-year permit allowance. Mr. DuBois answered yes, until such time the applicant applied for a renewal. Mr. Hill asked what other locations had staff suggested to park the trailer on the subject site. Mr. DuBois replied that staff asked the applicant to locate the trailer on the southern side of the property or at the back of the building. The trailer would be slightly visible to passersby in those locations, but would not be next to a major thoroughfare since the building would somewhat shield the trailer. Mr. Hill asked about parking the trailer around the corner where it would be exposed to 107th Street which is a less traveled road than Nall. Mr. DuBois was unsure if the urology center was located on that side of the building. Staff was open to ideas other than parking the trailer next to Nall. As a point of clarification, Chair Flanagan said the urology patients are wheeled into the trailer for the procedure and wheeled back to the doctor s office or hospital. The placement of the trailer is somewhat critical so patients are not walked a long distance in the exposed elements to access the trailer. Mr. John Petersen, representative for the applicant, Polsinelli PC, 6201 College Boulevard, stated he had spoke before the Planning Commission in the past as a

14 Page 14 representative for the University of Kansas Hospital Authority who utilized the lithotripsy trailer, but no longer use the service. He could not make the exact connection, but said the trailer was more of a replacement for the services provided by the University of Kansas Hospital Authority. Mr. Petersen recognized Dr. John Strickland, vice president, KC Urology Care, P.C., who was present to answer any technical questions about the lithotripsy procedure. He said the trailer was equipped with a tremendous piece of technology that treats people afflicted with kidney stones. Fortunately, kidney stones do not afflict many people. This technology that treats patients without the necessity of surgery is exceedingly expensive. It would not make sense for a healthcare provider, acute care hospital, or specialist, to spend hundreds of thousands of dollars for this technology because it would be cost-prohibitive. The trailer services no more than 10 patients in any given week. The same is true at Saint Luke s South Hospital, St. Joseph Medical Center, and Shawnee Mission Hospital, all who utilize the trailer. He relayed that 23 additional urologists were added to the KC Urology Care practice within the last year. It is a growing practice and a growing field of medicine. Mr. Petersen explained that the challenge is to find a place for this trailer to be used by the healthcare community, to find a place that is convenient to those being treated, and to find a location where it can be placed that is as aesthetically pleasing as possible. Mr. Petersen presented color photographs of the office building leased by KC Urology Care. The first photograph was the side of the building where the KC Urology Care practice is located. The door on the side of their office is a private access to the clinic and is accessed from the parking lot. The eight parking spaces that will be utilized to park the trailer are reinforced with concrete and have been upgraded with electrical service to allow the required energy capacity for the lithotripsy technology. That upgrade was a $25,000 to $30,000 investment. The eight parking spaces are under current lease and strictly reserved for the KC Urology Care practice. The applicant investigated other locations to park the trailer around the building in conjunction with the landlord. Mr. Petersen believed his photographs would make it clear to the Planning Commission that the site is the best site to park the trailer. A photograph of the parking lot looking to the south was presented which showed a curvature of the parking spaces. It would be difficult to position the trailer at that location because it is at the front door of the multi-tenant building and where visitors park. Parking the trailer at the front of the building would bring a more utilitarian function to the front door of the building. The next photograph was taken on the east side of the building. Patients utilizing the services administered from the trailer may be disabled. Wheeling them down the sidewalk, through the parking lot, or through the building in an attempt to reach another outside exit would not be a pragmatic solution. The north side of the building involves the same distance issue because it is a long way from the urology clinic. The trailer would be more visible to the motoring public at this location as well. Mr. Petersen presented a photograph of the trailer. It is white in color. He pointed out that the lift apparatus met the sidewalk and there was an entrance door for individuals who do not require lift assistance. As a point of reference, he presented the weekly location schedule for the trailer. On Mondays, it is parked at Saint Joseph Medical Center and Shawnee Mission Medical Center; on Tuesdays, it is parked at

15 Page 15 Saint Joseph Medical Center and Saint Luke s Hospital; on Wednesdays, it is parked at Saint Joseph Medical Center in Liberty; on Thursdays, it is parked at North Kansas City Hospital and Olathe Medical Center; and on Fridays, it is proposed to be parked at KC Urology Care and Saint Luke s South Hospital. Each facility needs the trailer for a specified period of time during the week. Some of the larger acute care hospitals need it for longer periods of time. An acute care hospital is not located in the immediate vicinity of this property, so it makes sense to park it at the clinic. Some locations have more flexibility in the area in which the trailer is parked because they have control of the entire building. At some locations, the trailer can be moved to different locations around the building. That same flexibility does not exist with leased clinics. Mr. Petersen presented photographs taken from the proposed site for the lithotripsy trailer on the subject site. One photograph looked out to 107th Street from a northeastern viewpoint. It was in the direction of the City s new TopGolf facility. This location gives the advantage of a recessed finished floor area, in terms of the parking lot and the building. Berming is located along 107th Street which aids in screening the trailer. The next photograph was directed back to the same vantage point from 107th Street. A photograph was presented showing the northwest corner of the parking lot looking out to 107th Street and Nall. The parking lot is recessed and good vegetation is in place. It would be difficult to view the trailer from this vantage point. The same perspective was presented, but reversed, that looked from the street system back onto the site. Next, a photograph was taken from the vantage point looking out to the street system towards the southwest along Nall. Again, the grade assists to minimize the visual impact and there is existing landscaping that includes bushes and fairly mature trees, which provides a visual buffer. A longer photograph was presented up Nall from the south which revealed the west side of the building. A direct photo to the west was presented from the facility looking straight out to Nall directly from the west and included a stand of trees. The clearest view of the trailer would happen if a person parked just past 107th Street and Nall near to the right turn-in to the KU facility, stopped their car, and craned their neck to look directly back to the subject building. Mr. Petersen asked for a recommendation of approval for the special use permit so it could move to final approval consideration by the City Council. The applicant suggested a stipulation for final plan approval that included additional evergreen screening. This would virtually make the trailer unnoticeable on the one day it is in operation at the site. Considering the location of the clinic in the building, the access door on the side of the building where the trailer is parked, and since the clinic is active in their treatment of patients with this malady and need the service, the applicant believed the special use permit was worthy of support. The existing landscape and grades and the challenge if they were directed to bring in more landscaping further supported that belief. Mr. Petersen said the worst case scenario was given to the Planning Commission for the days the trailer would be present on site. It arrives at this location on Thursday evening and is in operation on Friday. The landlord indicated to the applicant that they want the trailer removed from the property no later than Sunday. Typically, the trailer is picked up on Saturdays and transported to the Monday location. The applicant agreed with stipulation a.