HomeMy WebLinkAbout2005-05-10-Planning and Zoning Commission Minutes125
MINUTES OF THE TUESDAY,MAY 10,2005 PLANNING AND ZONING COMMlSSION
MEETING.
Chairman Steele called the May 10,2005 meeting of the Planning and Zoning Commission to order at
7:02p.m.
Roll Call.Chairman Steele asked for a roll call and the following Commissioners were present:
Hoifeldt,Mook,Schmidt,Wilson.Absent:Korpanty,Krantz.Council Representative:Mertz.Council
Member Stanton arrived at 7:45 p.m,Council Member Gruber arrived at 8:15 p.m.,but quickly left.
Agenda Approval.Commissioner Schmidt asked if City staff had received any new information
regarding Warrior Plaza Phase III (Revised).Chad Weaver stated that nothing had been submitted,but
that representatives of Regency Commercial were in attendance to address the matter on the agenda.
Motion by Commissioner Schmidt,seconded by Commissioner Hoifeldt,to "Approve the Agenda for
May 10,2005."Ayes:Hoifeldt,Mook,Schmidt,Wilson,Steele.Nays:None.Motion carried.
Approval of April 26,2005 Meeting Minutes.Motion by Commissioner Hoifeldt,seconded by
Commissioner Wilson,to "Adopt the April 26,2005 Meeting Minutes."Ayes:Hoifeldt,Mook,Schmidt,
Wilson,Steele.Nays:None.Motion carried.
Open Forum.No one appeared to address the Commission during the Open Forum.
Approve the Preannexation Agreement for Brummett Acres.John Brummett,property owner,was in
attendance.Chad Weaver briefly summarized the agreement,including a provision that would allow for
the sale of one of the lots with annexation of that lot to take place within the time period spelled out in the
agreement.Commissioner Schmidt asked how the City could legally enforce the agreement with any
future buyer,and stated his preference that the lot be annexed prior to any sale.Mr.Brummett said he
wanted to be able to sell the lot prior to annexation,and also reminded the Commission that the
annexation of that lot before the other would create an island.Motion by Commissioner Hoifeldt,
seconded by Commissioner Mook,to "Approve the Preannexation Agreement for Brnmmett Acres."
Ayes:Hoifeldt,Mook,Schmidt,Wilson,Steele.Nays:None.Motion carried.
Approve the Preliminary Plat for The Village at Grace Wood.Roger Silver of Nilles Associates
presented the preliminary plat on behalf of Triton Homes.Also in attendance were Bob Gibson and Josh
Skow of Triton Homes.Mr.Silver summarized the plat,and John Gibson stated that the City had no
outstanding issues regarding the project.Commissioner Schmidt asked about drainage on the site,and
Mr.Gibson answered that the site would drain north ofNE Bowman Drive,then to the lake in Grace
Wood.Motion by Commissioner Schmidt,seconded by Commissioner Wilson,to "Approve the
Preliminary Plat for The Village at Grace Wood."Ayes:Hoifeldt,Mook,Schmidt,Wilson,Steele.Nays:
None.Motion carried.
Approve the Site Plan for The Village at Grace Wood.Roger Silver of Nilles Associates and Josh
Skow of Triton Homes presented the site plan.Commissioner Hoifeldt had a procedural question and was
told by John Gibson that the site plan could be approved prior to final plat approval,as there were no
public improvements to be made on the site.Mr.Skow presented elevations ofthree different styles of
building planned for the site.Commissioner Schmidt asked that the style of garage doors on all the
buildings have windows at the top as shown on two of the three elevations;Mr.Skow agreed.Chad
Weaver asked if shake siding would be included in certain areas as indicated in the black-and-white
elevation drawings;Mr.Skow answered in the affirmative.Mr.Weaver also reminded the Commission
that the density for this project was higher than would be allowed by ordinance,but that they could
126
approve the higher density if they saw fit.Chairman Steele expressed his belief that the 2-foot offsets
between units should be deeper.Some discussion took place regarding the offsets.Council
Representative Mertz stated his desire to see more or deeper offsets.Commissioner Hoifeldt said that the
color and texture changes in the exterior surface materials created enough articulation and interest.Mr.
Silver stated that deeper offsets would push the decks of the units bordering the project into the building
setback,which they wanted to avoid.Council Representative Mertz replied that deeper offsets on the
units bordering the site would not encroach into the building setback,as there seemed to be enough room.
Commissioner Schmidt asked that the long,flat roof expanse on the interior side of the "Kirkland"design
be broken up somehow.Council Member Stanton arrived at 7:45 p.m.Motion by Commissioner
Schmidt,seconded by Commissioner Mook,to "Approve the Site Plan for The Village at Grace Wood,
provided the flat roof expanse on the interior side of the 'Kirkland'design be visually broken up at least
every two units."Ayes:Hoifeldt,Mook,Schmidt,Wilson,Steele.Nays:None.Motion carried.
Approve the Comprehensive Plan Amendment of Williams Pointe II (Brick Property).Erin
Ollendike of Civil Design Advantage presented the Comprehensive Plan amendment request.Also in
attendance was Bill Spencer of Regency Homes.Commissioner Schmidt asked why the developer
requested a PD-l overlay instead of straight zoning.Ms.Ollendike stated that the developer was
requesting reduced building setbacks,reduced lot sizes and reduced green space requirements.Mr.
Spencer explained that it was a market-driven decision,and that the reduced lot sizes and setbacks would
allow for the construction of entry-level housing.Commissioner Schmidt expressed his opinion that the
bulk regulations being requested for all underlying zoning districts were considerably below City
standards,and that he saw nothing that was being added to the plan to compensate for those lower
standards;he then stated that he would not support the project,as he saw no reason for the increased
density and saw no benefit to the City if the suggested bulk regulations were implemented.
Commissioner Schmidt referred to the Legacy Pointe and Glyun Village subdivisions,stating that they
were approved for higher density,but that they included more green space as a benefit to the City.Mr.
Spencer reiterated Regency's position that smaller lots are market driven,and mentioned that the property
was near a large park in the Williams PointelHawthorne Ridge subdivisions.Mr.Weaver stated that the
parkland dedication issue had yet to be resolved.There was some discussion regarding the buffering
between the existing industrial park to the west and the proposed townhomes.Mr.Spencer stated there
would be no fence,but a 3'tall,15'wide landscaped benn.Commissioner Schmidt noted that the
ordinance requires a 25'wide berm between industrial and residential zoning;Mr.Spencer answered that
there wasn't room for a berm of that size,and that the berm would be very densely planted.
Commissioner Hoifeldt asked that the property owners in the existing industrial park be informed of the
proposed size of the berm,and that if they had no objections to it,he wouldn't either.Commissioner
Schmidt stated that he had no issue with the smaller building setbacks for the townhome project bordering
the existing industrial park to the west,but that he saw no reason for reduced setbacks for the townhome
project on the east side of SE Brick Drive.Commissioner Schmidt then asked ifthe requested R-3 zoning
would be for rental or owner-occupied units;Mr.Weaver stated that they could have both an R-3 and R-
3A underlying zoning for the same parcel so as to create the opportunity for either type of development.
Commissioner Schmidt also expressed his concern about the Commission approving commercial zoning
without knowing more clearly what businesses were planned for the area.Mr.Weaver replied that the PD
could be amended to limit the types of businesses allowed in the commercial areas;Mr.Spencer agreed
that they could propose certain allowable uses in the area.Mr.Weaver also expressed the City's desire to
implement a design concept for the commercial area into the PD agreement.Commissioners HoifeJdt,
Mook and Wilson agreed that the smaller single family lot sizes did not concem them due to their
proximity to smaller lots in the Legacy Pointe subdivision.Commissioner Schmidt urged the
Commission to review the Legacy Pointe plat and the increased green space provided to offset the smaller
lots.Chairman Steele stated that he was not in favor of smaller single family lots,and that perhaps larger
lots could be created for those lots abutting the existing Williams Pointe and Legacy Pointe subdivisions.
I
1
I
J
127
He also expressed his concern that truck traffic may increase past the residential area as a result of the
extension of SE Laurel Avenue and its intersection with both SE Brick Drive and SE Waco Place.Mr.
Kirk Tyler of Atlantic Bottling,a neighboring property,addressed the Commission,stating that his
company was against the rezoning and that due to the nature of their site and business (including security
lighting,an above-ground propane tank,heavy truck traffic and late hours),he was concerned about
potential future complaints from property owners in Williams Pointe II.My.Weaver assured Mr.Tyler
that if issues arise,the City would work with the parties involved to resolve those issues.Motion by
Commissioner Schmidt,seconded by Commissioner Mook,to "Postpone the Approval ofthe
Comprehensive Plan Amendment of Williams Pointe II (Brick Property)until the May 24,2005
meeting."Ayes:Hoifeldt,Mook,Schmidt,Wilson,Steele.Nays:None.Motion carried.
Approve the Rezoning of Williams Pointe II (Brick Property)from M-l [Light indnstrial District]
to R-3 [Rental Multi-Family Residential],R-2 [One and Two Family Residential District],R-4 [Row
Dwelling and Townhome District]and C-l [Community and Highway Service Commercial];and
then to PD-l [Planned Development Overlay District].Motion by Commissioner Schmidt,seconded
by Commissioner Mook,to "Postpone the Approval of the Rezoning ofWilliarns Pointe II (Brick
Property)from M-l [Light industrial District]to R-3 [Rental Multi-Family Residential],R-2 [One and
Two Family Residential District],R-4 [Row Dwelling and Townhome District]and C-l [Community and
Highway Service Commercial];and then to PD-l [Planned Development Overlay District]until the May
24,2005 meeting."Ayes:Hoifeldt,Mook,Schmidt,Wilson,Steele.Nays:None.Motion carried.
Discuss the Warrior Plaza Phase III Update.Eric Burmeister of Executive Property Management
addressed the Connnission on behalf of Regency CommerciaL Also in attendance were Ward Phifer of
Regency Commercial and Rob Heffernen,engineer for Fareway Stores.The discussion centered on the
snow load that Warrior Plaza Phase ill would create on the existing Fareway Store to the east.Mr.Phifer
handed out information outlining how Regency would reinforce the Fareway Store to handle to increased
snow load.My.Heffernen stated that he had not had time to review the information,and explained how
support beams and footings would need to be reinforced,as well as the roofing system.Mr.Burmeister
stated that the parapet wall required by City Council along the entire expanse of the east wall of Warrior
Plaza was exacerbating the problem.He also stated that all work on the northern exterior of Warrior
Plaza had been halted by his directive until the revised elevations were approved by City CounciL
Commissioner Hoifeldt asked if engineering had been done for snow load if the parapet wall were not
extended the full depth ofthe building;Mr.Burmeister answered in the affirmative,but stated that they
were not being presented as they did not have City Council approval to shorten the parapet walL
Commissioner Schmidt stated that he would not vote to overturn a City Council directive concerning the
parapet wall,but that he was neutral on the issue.Chairman Steele asked if the parapet wall could be
stepped down as it ran from north to south in order to help alleviate the snow load issue;Mr.Burmeister
stated that was a possibility and that Regency Commercial would do everything possible to reinforce the
Fareway Store to Fareway's satisfaction.Mr.Heffernen replied that Fareway may not want their building
reinforced,and that the Fareway home office was very frustrated with the situation.Council
Representative Mertz stated that the other option would be to redesign Warrior Plaza so as not to create a
snow load on Fareway;Commission Schmidt agreed and stated that he would support any decision that
Fareway Stores made on the topic.Mr.Tom Young,owner of Warrior Lanes Bowling Center and future
tenant of Warrior Plaza,addressed the Commission and asked that the matter be resolved quickly so as
not to delay the opening of his business.The Commission suggested My.Young pressure Regency
Commercial to resolve the issue.
Discuss the Lighting Ordinance (Draft).Chad Weaver suggested holding a special meeting to discuss
matters such as the lighting ordinance and Overland Park ordinance.The Commission agreed to postpone
128
discussion of the lighting ordinance (draft)until a special Commission meeting to be held Tuesday,May
17 at 6:30 p.m.
Discuss Outside Storage in all Commercial/Industrlal Zouiug Districts.Discussion postponed until a
special Commission meeting to be held Tuesday,May 17 at 6:30 p.m.I
Discuss the "Big Box"Ordinance.Mark Arentsen stated that the City Attorney said the ordinance must
not be geared toward any particular vendor,but must consider "big box"development in general and as a
whole.Chairman Steele stated that there is a need for 24-hour businesses,and that hours should not be
limited.Council Representative Mertz suggested that perhaps instead oflimiting business hours,certain
business activities such as deliveries and garbage dumping could be limited to certain times of day.
Council Member Stanton stated that the biggest issues involved with "big box"stores are light and noise
pollution.Commissioner Mook suggested the need for a definition of a "big box"store.Chairman Steele
expressed his desire to ban "big box"stores from locating off the future Alice's RoadlI-80 interchange.
Chad Weaver explained that the Alice's Road Corridor Plan would only allow a limited number of "big
box"stores within the corridor.The Commission will continue discussion on the "Big Box"ordinance at
a special Commission meeting to be held Tuesday,May 17 at 6:30 p.m.
Discuss the City of Overland Park,KS Ordinances.Discussion postponed until a special Commission
meeting to be held Tuesday,May 17 at 6:30 p.m.
New Business.Regarding the rezoning application for Williams Pointe II,Commissioner Schmidt stated
his desire to consider each of the underlying zoning districts as a separate motion.
Mark Arentsen stated that the City had been contacted by representatives of Wal-mart Stores to schedule a 1,
meeting with City staff,but that no date had been set.
Adjournment.Motion by Commissioner Hoifeldt,seconded by Commissioner Schmidt,to adjourn at
9:54 p.m.Ayes:Hoifeldt,Mook,Schmidt,Wilson,Steele.Nays:None.Motion carried.Meeting
adjourned.
erry Steele,Planning &Zoning Chairman
Attest:
I