Staff Report - City of Lenexa

AGENDA
SPECIAL CALL MEETING
OF THE PLANNING COMMISSION
LENEXA CITY HALL BUILDING
12350 W. 87TH STREET PARKWAY
LENEXA, KANSAS
APRIL 20, 2009 @ 6:00 P.M.
CITY HALL COUNCIL CHAMBERS
CALL TO ORDER & ROLL CALL
APPROVAL OF THE MINUTES FOR April 6, 2009
CONSENT AGENDA:
All matters listed within the Consent Agenda have been distributed to each member of the Planning
Commission for study. These items are considered to be routine and will be enacted upon by one
motion with no separate discussion. If separate discussion is desired on an item, from either the
Planning Commission or from the floor, that item may be removed from the Consent Agenda and
placed on the Regular Agenda.
1.
2.
Sign area deviation approval for Shawnee Mission Medical Center., located at 23401
Prairie Star Parkway, in the CP-O, Planned General Office Zoning District. DV 09-01
a.
Final Plan approval for Renner Corporate Centre II, located at approximately the
northeast corner of Renner Boulevard and 95th Street, in the CP-O, Planned General
Office Zoning District. PL 09-03 F
b.
Final Plat approval for Renner Corporate Centre II, located at approximately the
northeast corner of Renner Boulevard and 95th Street, in the CP-O, Planned General
Office Zoning District. PT 09-02 F
END OF CONSENT AGENDA
ADJOURN
IF YOU NEED ANY ACCOMMODATIONS FOR THE MEETING, PLEASE CONTACT KIM
MARSHALL, HUMAN RESOURCE DIRECTOR, 913/477-7500. KANSAS RELAY SERVICE 800/7663777. PLEASE GIVE 48 HOURS NOTICE
STAFF REPORT
Planning Commission Meeting, April 20, 2009
CONSENT AGENDA ITEM NO.: 1
PROJECT NUMBER/TITLE:
DV 09-01
REQUEST: Sign Deviation request
LOCATION: 23401 Prairie Star Parkway in the CP-O, Planned General Office
Zoning District
APPLICANT: Shelly Poppelreiter of
Luminous Neon
OWNER: Shawnee Mission Medical
Center, Inc
PROJECT HISTORY:
This property was annexed into the City in 1999 with AG, Agricultural zoning. It
received rezoning to CP-O (Planned General Office Zoning District), a permanent
Special Use Permit and Preliminary Plan approval June 2, 2003 by the Planning
Commission. The project at completion will involve approximately 46-acres, which is
located at the southwest corner of 95th Street and K-7 Highway. Final plan and final plat
for the Phase 1 (13.19 acres) was approved by the Planning Commission June 6, 2005.
This building has since received building permits and is now nearing completion of the
first phase.
COMPREHENSIVE PLAN RECOMMENDATION FOR AREA: Office/Research Uses
VICINITY ZONING PATTERN:
North: R-1, Residential Single Family,
CP-1, Planned Neighborhood
Commercial; and, CP-2, Planned
Community Commercial Zoning
Districts
South: AG, Agricultural Zoning District
AG, Agricultural Zoning District
East:
West: AG, Agricultural Zoning District
VICINITY LAND USE PATTERN:
North: Kaw Prairie Community Church,
The Reserve Plaza Retail Center
South: Residential and agricultural
K-7 Highway
East:
West: Residential and agricultural
GENERAL NEIGHBORHOOD CHARACTERISTICS:
This area is almost exclusively rural and residential in nature; with some farming/grazing
activities as well as a number of single-family residential structures to the north and
west. A small retail development and large church are north of Prairie Star Parkway.
ANALYSIS:
With the Final Plan review for the first building phase of the Shawnee Mission Medical
Center campus, several sign deviations were approved. One of the deviations allowed
for a larger directional sign on the north side of the building proposed to identify the
“Emergency” entrance. The Applicant has since found that this sign does not offer the
exposure necessary to provide adequate community recognition of the available
emergency services or direction needed to properly locate the emergency entrance.
Staff has been working with the Applicant for several weeks in an attempt to address
these concerns and are now in agreement with the Applicant that to properly resolve the
issues it will involve a more comprehensive study of the overall sign program which may
include additional highway directional signs, more effective directional signs at the
entrances from public right-of-way and strategic internal site locations as well as more
pronounced wall mounted signs.
This application entails a request for deviations to allow much larger wall signs on the
north and east sides of the building. Both signs are to consist of all upper case
internally illuminated channel letters with red faces and dark bronze returns and trim
cap. If possible, the letters are to be flush mounted. If not possible, they are to be
mounted on a raceway that is to be painted to blend with the wall color. Letters are to be
2’- 3 5/8” in height with a slightly exaggerated spacing and an overall sign area of 78.55
square feet. Exhibits are attached to show proposed locations.
With the installation of the new wall signs, the existing “Emergency” sign will be
removed and a smaller code compliant directional sign is to be situated on the face of
the entry canopy or a freestanding directional will be provided near the entry door. Staff
will also continue to work with the Applicant in an attempt to fashion a more effective
overall sign program.
Staff is in support of the requested deviations with the understanding that these signs
are intended to resolve life/safety concerns. It is also understood that as other buildings
are considered for the medical center, the emergency services facility will likely be
relocated and directional signs related to the emergency services will need to be reevaluated.
STAFF RECOMMENDATION:
Staff recommends APPROVAL of the deviation requests as outlined in the Analysis
section of the report.
STAFF REPORT
Planning Commission Meeting, April 20, 2009
CONSENT AGENDA ITEM NO.: 2 a and b
PROJECT NUMBER/TITLE:
PL 09-03 F- Renner Corporate Centre II
PT 09-032F
REQUEST: Final Plan and Companion Final Plat approval
LOCATION: Approximately the northeast corner of Renner Boulevard and 95th Street
APPLICANT: Rob Waters of Finkle
Williams
OWNER: Renner Associates, LLC.
PROJECT HISTORY:
The site was zoned to CP-O, Planned General Office Zoning District and received
preliminary plan approval from the Planning Commission for two, 150,000 sq. ft. fivestory office buildings March 31, 2008. The Applicant received final plan approval from
the Planning Commission for the first 150,000 sq. ft. five-story building May 5, 2008.
COMPREHENSIVE PLAN RECOMMENDATION FOR AREA:
Comprehensive Plan reflects office/research uses as the primary use. Potential
alternative uses could include mixed-use projects and highway orientated retail uses
adjacent to I-435.
VICINITY ZONING PATTERN:
North: RP-4, Planned Residential (HighDensity) Zoning District
South: BP-1, Planned Business Park
Zoning District
Interstate, CP-O, Planned
East:
General Office Zoning District
West: AG, Agricultural Zoning District
VICINITY LAND USE PATTERN:
North: The Reserve Apartments
South: Renner Ridge Corporate Center
East:
I-435, vacant land
West:
Farm land
GENERAL NEIGHBORHOOD CHARACTERISTICS:
Nearby property to the north and south of this two building office development, along
the Renner Boulevard Corridor, has experienced substantial growth in the past several
years. The Renner Ridge Corporate Center is located across Prairie Star Parkway to
the south, the Church of the Nazarene Global Ministry Center is located on the opposite
corner of Renner Boulevard and Prairie Star Parkway, and two apartment complexes as
well as the Life Time Fitness Center (currently under construction) are situated to the
north and northwest of the building site. With the completion of Prairie Star Parkway,
staff would anticipate additional interest in the vacant properties to the east and west.
FINAL PLAN ANALYSIS:
Consistent with the lot area identified as Phase Two with the approved Preliminary Plan,
this Final Plan application involves a site of approximately 11.50 acres, located at the
northeast corner of Prairie Star Parkway and Renner Boulevard. The Applicant is
proposing to construct the second 150,000 square foot, five-story office building.
The new building is to mirror the design and quality finish exhibited by the first building,
of which is nearing completion.
Phase Two plans indicate the completion of parking for 679 passenger vehicles. Staff
notes that the parking exceeds the amount of parking spaces required for office use.
The Applicant has indicated they are proposing the additional spaces because they
have found that the City’s minimum parking standard of 4 spaces per 1,000 square feet
of gross floor area is often insufficient to meet tenant requirements, particularly those
users of multi-level office buildings.
Traffic for Phase II will be accommodated through the improvements approved with
Phase I. This included a full-access location on 95th Street, opposite of Ridge Drive, as
well as access to Renner Boulevard, which is currently under construction.
Stormwater management for Phase II is a continuation of the overall site design as
approved with Phase I. Most of the stormwater improvements either have been
completed or are currently under construction with Phase I. Additional parking lot island
facilities are being added with Phase II, which will complete the approved overall site
plan.
Landscape and pedestrian open space areas are to be completed in a manner
consistent with the overall Preliminary Plan as updated with the Final Plan approved for
Phase One. No additional deviations are being requested at this time.
All exterior lighting is shown to be in accordance with the first phase. Pole and building
mounted area light fixtures are to be of a downlighting-only design equipped with flat
lenses and non-adjustable mounting brackets. Overall mounting height is not to exceed
25 feet, with pole bases of no more than 2 feet in height in parking areas and 6 inches
in other areas. Fixtures used for under-canopy lighting is to be fully recessed into the
ceiling of the canopy and be equipped with flat lenses mounted flush with the ceiling
surface. Ground mounted architectural and sign lighting fixtures are to provide soft/low
intensity illumination. The light source of the ground mounted fixtures must be shielded
with baffles mounted to the casings or appropriate landscape.
A final sign scheme will be required prior to issuance of any wall mounted or
freestanding monument, building or business, identification signs.
FINAL PLAN RECOMMENDATION:
Staff recommends APPROVAL of this Final Plan as described in the Analysis section of
the report.
FINAL PLAT ANALYSIS:
The site is being platted for the construction of Phase II of Renner Corporate Centre.
The Applicant is currently platting the remaining 11.50 acres of the 22.11 acre tract.
INFORMATIONAL COMMENTS:
1. The plat must be recorded prior to release of any permits.
2. Excise Tax is due prior to release of plat for recording. Per the recorded
Participation Agreement regarding the Renner Road improvements, staff anticipates
that the excise tax will be fully credited due to the special assessments from said
improvements.
3. The Final Plat must be sealed by a registered land surveyor in the State of Kansas.
4. This development will be subject to all applicable Federal, State, and Local drainage
permit requirements.
5. A City right-of-way work permit will be required for all work within the public right-ofway.
6. A KDOT right-of-way work permit will be required for all work within the State right-ofway.
7. The development will be subject to TIP Fees at the time of application for building
permit. Per the recorded Participation Agreement regarding the 95th Street / Prairie
Star Parkway improvements, staff anticipates there may be TIP fee credits available
for use against the TIP fee due.
8. The development will be subject to the City’s Land Disturbance Ordinance.
9. A copy of the NPDES Permit application will be required prior to issuance of building
permits.
10. This project will be subject to Park Fund contribution at time of building permit. The
current rate is $0.1145 per total building sq. footage.
11. This development will be subject to the City’s System Development Charge.
FINAL PLAT RECOMMENDATION:
Staff recommends APPROVAL of the Final Plat as noted in the analysis portion of this
report.
PLANNING COMMISSION MEETING MINUTES
04-06-2009
Page 1
PLANNING COMMISSION
LENEXA, KANSAS
MONDAY, APRIL 6, 2009 - 7:00 P.M.
The regular meeting of the Lenexa Planning Commission was called to order at 7:00 p.m. on
Monday, April 6, 2009 by Chairman Don Oppliger. The meeting was held in the Council Chambers at
the Lenexa City Hall at 12350 W. 87th Street Parkway, Lenexa, Kansas.
Roll call was taken with the following members present:
Commissioner Katterhenry
Commissioner Stuke
Commissioner Horine
Commissioner Reichmeier
Commissioner Weimer
Commissioner Allenbrand
Commissioner Karlin
Chairman Oppliger
Roll call was taken with the following member absent:
Commissioner Hoffman
Staff members attending were:
Roger Kroh, Director of Community Development
Dave Knopick, Assistant Director of Community Development
Gil Pintar, Development Review Administrator
Tim Collins, Development Engineering Administrator
Keith Whiteford, Assistant City Attorney I
Rick Hauber, Planner III
Karen Gable, Planner III
APPROVAL OF MINUTES:
March 2, 2009
The Minutes of the March 2, 2009 meeting were presented for approval. Hearing no changes or
corrections to the Minutes of the Regular Meeting, CHAIRMAN OPPLIGER entertained a motion to
APPROVE the minutes as written.
Moved by COMMISSIONER KARLIN, seconded by
COMMISSIONER ALLENBRAND, and APPROVED by a majority voice vote. (8-0-0-1, absent).
CONSENT AGENDA:
1.
2.
a.
Final Plan approval for CVS Pharmacy/Jiffy Lube, located at 13502 & 13520 West 87th
Street Parkway. PL 09-02 F
b.
Companion Revised Final Plat approval for Heritage Shops @ Pflumm. PT 09-05 FR
Revised Final Plan deviation request to an interior setback for Arsalon Technologies,
located at 10605 W 84th Terrace. PL 09-02 FSR
PLANNING COMMISSION MEETING MINUTES
04-06-2009
Page 2
MOTION:
CHAIRMAN OPPLIGER entertained a motion to APPROVE Consent Agenda Item Numbers 1 and
2. Moved by COMMISSIONER WEIMER, seconded by COMMISSIONER STUKE, and carried by a
majority poll vote. (8-0-0-1, absent).
END OF CONSENT AGENDA
REGULAR AGENDA:
PUBLIC HEARING:
CONTINUED TO MAY 4, 2009
1.
Initial One Year Special Use Permit request for Fencing Athletic Club of KC, to allow
personal instruction, located at 8214 Marshall Drive. SU 09-03
PUBLIC HEARING:
2.
Ten Year Special Use Permit renewal for TWEAN dba Time Warner Cable, to allow an
equipment shelter, located at 9160 Renner Boulevard. SU 09-04
STAFF RECOMMENDATION:
Mr. Pintar relayed that the applicant was unable to be at the meeting because he had a meeting in
an adjoining City that he needed to attend. This is a renewal of the permit that was issued 10 years
ago for an equipment shelter. There is no tower appended to the permit, it is simply a shelter for
fiber optic equipment. Staff is unaware of any issues with the site. A visual inspection showed that
one of the 60 trees was dead. It is one of the greener compounds in Lenexa and is very well
maintained. The applicant will replace the tree as well as add mesh screening to the surrounding
fence.
PUBLIC HEARING: Chairman Oppliger OPENED THE PUBLIC HEARING.
Hearing no comments from the public, CHAIRMAN OPPLIGER entertained a motion to CLOSE the
public hearing.
Moved by COMMISSIONER STUKE, seconded by COMMISSIONER
ALLENBRAND, and carried by a majority voice vote. (8-0-0-1, absent).
PLANNING COMMISSION DISCUSSION:
There was no discussion by the Planning Commission on this item.
MOTION:
CHAIRMAN OPPLIGER entertained a motion to recommend APPROVAL of the Ten Year Special
Use Permit for TWEAN dba Time Warner Cable with the comments made and staff
recommendations.
Moved by COMMISSIONER WEIMER, seconded by COMMISSIONER
KATTERHENRY, and carried by a majority poll vote. (8-0-0-1, absent).
POLL VOTE:
AYE:
Commissioner Katterhenry
Commissioner Stuke
Commissioner Horine
NAY:
None
PLANNING COMMISSION MEETING MINUTES
04-06-2009
Page 3
Commissioner Reichmeier
Commissioner Weimer
Commissioner Allenbrand
Commissioner Karlin
Chairman Oppliger
ABSTAIN:
None
ABSENT:
Commissioner Hoffman
PUBLIC HEARING:
3.
Initial One Year Special Use Permit for Families First Day Care, to allow in home day
care, located at 8529 Greenwood Lane. SU 09-05
APPLICANT PRESENTATION:
Amber Crane of 8529 Greenwood Lane of Families First Day Care addressed the Commission. She
stated she has two little boys and was working full time and when she sat down to work up a
schedule for the boys she realized how difficult scheduling school, activities and such were going to
be while working full time. They were looking at opening a business with a child care facility in it.
She had her nieces and nephews along with her two boys all under the age of five for a weekend
and realized how much she enjoyed it so she decided a day care was the direction in which to go.
Her goal is to have six children during the day and when her two come home from school there is
total of eight. She prefers toddlers and pre-school age children. She refers to their downstairs as
"Children's Heaven" as they have a lot of stuff for the kids. She stated they have a lot of love, fun
and space to allow for families to bring their children into her home. She will offer longer hours. The
extra time they are going to be open will be a kind of quiet time, winding down from the day and
getting them ready to go home and to bed.
STAFF RECOMMENDATION:
Mr. Pintar stated this is the initial one year permit to allow an in home day care. The maximum
number of children to watch is twelve. Ms. Crane has a temporary permit from the State of Kansas
for up to twelve children. Attached to the report is the criterion that was provided by Ms. Crane as
far as the hours and operation are described. Staff has reviewed the Golden Criteria for this type of
land use and unless there are unknown issues that are brought forth at the Public Hearing, staff is in
support of the permit. With the density of the land use there will not be a detriment or burden on this
house or the surrounding neighborhood. There is a double car driveway. As long as the comings
and goings are managed and staggered, it should not be burdensome to the area. Mr. Pintar stated
staff surveyed the neighborhood and they are unaware of any other day care providers in the
immediate area. There is no conflict. The applicant advised staff that she canvassed the area and
explained her business and surrounding neighbors have no problem or difficulties with this use.
PUBLIC HEARING: Chairman Oppliger OPENED THE PUBLIC HEARING.
Bill Watts of 8538 Oakview Drive addressed the Commission. Mr. Watts stated two doors away
there is a day care center.
Mr. Pintar clarified day care being that there is babysitting and there are day care centers. Day care
for a special use permit process is up to a maximum of twelve children. You can open a child care
for "babysitting" for three or four children without having to go through the special use permit
process. If you have only a few children, a person is not required to go through this process. If a
person has over six children and/or up to twelve children a person has to have the special use
permit. He is not aware in the immediate area of anybody needing a special use permit. There may
PLANNING COMMISSION MEETING MINUTES
04-06-2009
Page 4
be some care providers within the area that is permitted by right.
Mr. Watts stated he does not know what has to happen to get it approved or denied, but as a
neighbor across the street he is not in favor of it. He believes it will have a negative affect on
property values. He is at the age where he will be thinking about selling his home and he is
concerned about property values and traffic. There are a number of cars coming and going on the
street and parked along the sides of the street making it difficult to get through. He stated this is
nothing against the applicant, it is the business type itself.
Hearing no further comments from the public, CHAIRMAN OPPLIGER entertained a motion to
CLOSE the public hearing. Moved by COMMISSIONER HORINE, seconded by COMMISSIONER
KARLIN, and carried by a majority voice vote. (8-0-0-1, absent).
PLANNING COMMISSION DISCUSSION:
Mr. Pintar stated he does not discount Mr. Watt's comments, they are valid and that is why the public
hearings are held. He stated this is an initial one year permit. If the Planning Commission rules on
this as a recommendation of approval to the City Council, the Council will have the final say for
approval. The permit would only be valid for one year. The permit itself can be revoked for cause if
the business is not managed appropriately, or if there are traffic issues. The City does have the
ability to revoke the permit. The reason these permits are graduated, the initial term is for one year.
After the one year test, the applicant has to reapply and the term would be for up to three years.
Once that period is due the applicant can come back and request the permit for five year terms if the
business is in accord with City code. The permit places the burden on the applicant to be a good
neighbor and to run the business appropriately, whether it is a day care or some other type of home
based business. The permits are meant to ensure the tranquility and the correct type of land use in
the neighborhood. This is an initial one year term and if there are issues the City can bring the
matter before the Planning Commission and ask the applicant why the permit should not be revoked.
This can happen any time within the one year term.
Commissioner Oppliger stated they are aware of that and he stated to the public that he does not
know the total count of permits issued in residences in Lenexa. He ventured to say there are
probably 50 and quite often on the agenda they are returning for extensions of their permits. In
some cases it can be their 10th time in which they have returned for re-approval. There has never
been a single permit revoked. The only problem he remembers was with a day care in a church,
where a child was throwing items in the neighbor's yard. That is why this system is in place where
the applicant returns to have additional approvals.
Commissioner Weimer stated he appreciates the explanations and clarifications. Mindful of the fact
this is a recommendation to the City Council he will be voting in support of it.
Commissioner Karlin echoed the comments in combination with his review of the Golden Criteria he
believes it is an appropriate use.
Commissioner Horine stated he has two concerns. One being it is licensed for up to twelve children,
even though it states there will only be eight. The report stated the backyard activity area is only
partially fenced along the rear property line. He assumes there is no fence along the two sides. It
also states that sometime the kids may be in the front yard with tricycles, big wheels, scooters, etc.
If there are going to be six or eight kids up to twelve years old, it also states Ms. Crane is the only
provider.
PLANNING COMMISSION MEETING MINUTES
04-06-2009
Page 5
Ms. Crane stated that is not correct, she is licensed for up to twelve and her sister will assist. Since
the application, she has found that the State does not allow children to play in the front yard. They
can do sidewalk play, for example sidewalk chalk. If she were to let them play in the front yard it
would be a violation of her State permit and they could revoke her license. They can do the
sidewalk chalk but there will not be any tricycles or scooters allowed out front. They will load them
up and take them to the park for that. She stated that was her error, she did not know it at the time
when the information was submitted for the packet.
Commissioner Horine asked if her sister is going to help, will there be two care givers all the times?
Ms. Crane responded that pretty much there would be two care givers.
Commissioner Horine stated he is concerned with the kids in the backyard and the two sides not
being fenced. If they are not going to play in the front then that keeps the kids from being by the
street. He does not have a problem with the one year permit, but he thinks it should be watched to
keep the kids in their yard and not in the neighbors.
Mr. Pintar stated it is noted in the report that there will be an on site inspection of the property by the
State Inspector. The State Inspector may require the backyard to be totally fenced. It is up to the
State and we leave those matters to them. Staff or the Commissioners could recommend that the
applicant enclose the backyard totally. That could be appended to the permit.
Commissioner Horine stated the report states that Ms. Crane plans to enclose the backyard by the
Fall of 2009.
Ms. Crane stated that is correct, that is their plan.
Commissioner Allenbrand stated she will vote in favor of it and appreciates all of the work that Ms.
Crane did with her submittal for the packet and laying everything out.
Commissioner Reichmeier stated he does not have anything to add, he echoes the comments made
that the children are kept in close proximity.
Commissioner Stuke stated in reading the report it is a double drive and with staggered drop off
times she does not see a problem.
Commissioner Katterhenry stated with the enclosure of the backyard he feels comfortable with the
permit.
MOTION:
CHAIRMAN OPPLIGER entertained a motion to recommend APPROVAL of a One Year Special
Use Permit for Families First Day Care with the comments made and staff recommendations.
Moved by COMMISSIONER ALLENBRAND, seconded by COMMISSIONER HORINE, and carried
by a majority poll vote. (8-0-0-1, absent).
POLL VOTE:
AYE:
Commissioner Katterhenry
NAY:
None
PLANNING COMMISSION MEETING MINUTES
04-06-2009
Page 6
Commissioner Stuke
Commissioner Horine
Commissioner Reichmeier
Commissioner Weimer
Commissioner Allenbrand
Commissioner Karlin
Chairman Oppliger
ABSTAIN:
None
ABSENT:
Commissioner Hoffman
PUBLIC HEARING:
4.
a. Rezoning request for Prairie Star K-7 Medical Plaza, located at approximately the
northwest corner of Prairie Star Parkway and Dunraven Street from NP-O, Planned
Neighborhood Office Zoning District to CP-O, Planned General Office Zoning District.
RZ 09-01
b.
Companion Preliminary Plan approval for Prairie Star K-7 Medical Plaza. PL 09-02 P
Mr. Pintar stated this is a two part item. The A item is a Rezoning and was initiated by the City.
From a zoning standpoint it is a clean up. In December of 2004 the City approved a several hundred
acre rezoning for the Reserve project. As part of that there was an area off of Dunraven for office
that was approved. Unfortunately, neither the applicant nor the City caught the fact that the plan for
this acreage actually indicated a bank with a drive through. A bank requires a CP-O zoning that is
why this zoning is being requested. The original plan approved indicates four office buildings. The
one on the corner was to be a bank. The difference between NP-O, which is neighborhood office
zoning district, is meant to be very compatible with adjacent single family homes, which is the case
at this location. It requires that all buildings be one or two story in height. CP-O zoning and could
actually have a six story office building, it allows for multi-story developments. It is more intense,
there could also be structured parking. Staff's commitment was to go back at a later time to clean
the zoning matter up provided the applicant come forth with a preliminary development plan for the
acreage that actually shows a bank facility. The B portion of the application is the preliminary plan
that Mr. MacAdam will present. What Mr. MacAdam will be presenting actually reflects instead of
four separate buildings, two, one-story buildings, albeit longer. On the conceptual plan the buildings
were noted as being two stories. This plan shows single story buildings. The intent is to get the
base zoning compliant with the land use for only the bank portion, less than one acre. The
remainder of the property will retain the NP-O zoning as originally intended.
APPLICANT PRESENTATION:
Mike MacAdam of Anderson MacAdam Architects addressed the Commission. He stated this is a
proposal on 6.5 acre site with a total of 58,000 square feet with two single story buildings. The
building to the east is 21,000 square feet that includes the branch bank estimated to be about 3,500
square feet of building, with a three-bay drive through. The building to the west is about 37,000
square feet and the buildings are planned for medical office spaces. The current phase calls for the
smaller east building to be built first, along with the south half of the parking lot as far north as the
access drive off of Dunraven Road. Phase II would include the larger west building along Prairie
Star Parkway and the north half of the parking lot. There is no schedule in place for a timeline. The
overall architecture is suburban prairie style. They have elevated some of the building masses,
incorporated slopped and hip roofs to break the mass up to better relate to the residential properties
to the north and west. The idea being that they could create the look of smaller buildings out of
these structures. The materials are dark brown and dark reddish brown varying size brick and cast
stone accents about the lower half of the building facade, in conjunction with a lighter integrally
PLANNING COMMISSION MEETING MINUTES
04-06-2009
Page 7
colored stucco finish for the top half of the facade, dark bronze standing seam metal roofing as well
as window and door framing and dark windows. They have reviewed staff comments and
stipulations and have no issues with them.
STAFF RECOMMENDATION:
Mr. Pintar showed a site plan pointing out the single entry point off of Dunraven.
Mr. MacAdam stated the curb cut was created as part of the approved plans to Dunraven and Prairie
Star Parkway along with the culvert that is existing below Dunraven Street. All of the storm system
ties back into the culvert at the northwest corner of the site. They met with the neighbors on several
of the issues. The neighbors wanted to see a denser screen of evergreens, the City had that
comment as well, and they have no issue adding trees and rearranging them. They asked that the
shrub beds be pulled back away from the fence to provide a mow strip behind and to prevent them
from growing through the fence. The applicant also has no issue doing that. They asked about
berming some of the property, but, the grading of the site is such that there is a fairly big slope down
from the neighboring properties on both the west and north sides. There are areas of 3 to 1 slope,
the retaining wall at the southwest corner of the building that the maximum height is about 3.5 feet.
There is another retaining wall by the drive through with a maximum height of about five feet. The
neighbors asked about additional berming along the sides, but with the steep slopes that they have it
would create drainage problems. There are already drainage problems that they are dealing with
and given the distance and scale that they are working with it does not make sense to try to
incorporate that into the site. They talked about tree preservation. They are keeping several of the
trees; they have identified a number of large ash trees. There are a lot of scrub trees, once they
clean out a lot of the smaller trees the large ashes will lend a mature accent to the more manicured
landscape that will be going in. They will save as many trees as they can.
Mr. Pintar clarified the area that is being looked at is just a portion of the building.
bank will occupy is only .553 acres in size.
The portion the
Chairman Oppliger asked when the original plan was approved showing the bank.
Mr. Pintar stated it was approved in December 2004. Staff is in support of the rezoning and
preliminary plan submitted with the five stipulations listed. The applicant has no problem with the
five stipulations. If this plan is forwarded with a recommendation for approval to the City Council and
the Council approves the zoning and land use, there will be a final plan required for approval. That
plan will show all of the bells and whistles required. The applicant acknowledges that medical land
uses also require a special use permit in the zoning district so an application will be required with the
final plan.
PUBLIC HEARING: Chairman Oppliger OPENED THE PUBLIC HEARING.
Ed Wiseman of 9327 Kenton addressed the Commission. Mr. Wiseman stated they met with the
architect on Monday and everything he had to say will be improvements to the neighborhood. The
only thing he has to say is that he bought his home for his retirement home. He has lived in Lenexa
for several years of his life and he bought the house knowing it was going to be a medical facility.
There was no chance of it being a Burger King or Wendy's or some 24/7 business being there. The
notice he got in the mail was the first notice that something was being rezoned. He stated he had
been talking with Lu Johnson and got all of the information from her leading up to this point. Talking
about clean-up, he stated this is not clean-up. He stated to him it is very serious. Banking has 24/7
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business with the ATM machine and cars going in at all hours of the day. He did not buy his home
for that. Had he known a bank was going in there with an ATM machine and people coming and
going 24/7 he would not have bought his home. There are very few homes that surround this
development, there are very few residents that can speak to the body of the City of Lenexa and say
they don't want the bank. He stated none of them here want a bank, they do not want the CP-O
zoning. He asked what CP-O zoning allows.
Chairman Oppliger told him at the conclusion of the public hearing staff would address their
questions.
Mr. Wiseman asked if this little corner is rezoned, what is not to say the owner sells it and another
owner comes in and he wants to put a six story building in and it is already zoned CP-O?
Robert Anderson of 9325 Kenton addressed the Commission. Mr. Anderson stated that he has a
view that is similar to the view shown at the beginning. He looks into the parking lot of the property.
He moved from out of state and did not do a lot of research as to what was going on the property.
He did ask and they said it would be a one story medical building. He was okay with that. Having
been told it is being rezoned for a bank and could potentially be multi-story and also a 24 hour day
operation, it presents not only a site impairment of his property but an issue of security. Their HOA
has a fence regulation and it is a bit different than six foot high fences. They are only allowed four
foot fences. They are very short fences and they are not solid, they have to be picture frame fences
so you can see in. They don’t allow any type of security to a bank and parking lot whatsoever. That
is a concern of his visually and security wise. He has two small children that play in the backyard.
In light of the recent issues in Lenexa where a credit union on 95th Street was robbed which is the
same street as Prairie Star Parkway if you continue on out west. These things do happen. A bank
is robbed and an innocent bystander following that person was shot. On the same day there was
also a bank robbed with two armed gunmen in Overland Park. In light of that the zoning issue has a
big impact perhaps on his property values as well as his family's security. He stated he is okay with
a one story medical building. If there is any way they can limit the hours or consider the zoning to
keep it NP-O, which it was when he bought his house that would be a great importance to him. He
wants everyone to consider that when making a change from NP-O to CP-O zoning, from a medical
office to a bank.
Antony Pereira of 9615 Sunray addressed the Commission. He stated that he too bought the house
was told it would be a one story medical building. He has no problem with a medical building with
people coming to see the doctor. The 24 hour bank he is opposed to. The ATM is right behind his
backyard. His concerns are the fencing so nobody can climb it. He would like to have higher fence
not the 48 inch fence. He too has children and is concerned. Bringing a bank is not good.
Timm Bechter of 9319 Kenton addressed the Commission. He echoed his neighbors concerns
regarding the bank. If it were limited to normal working hours he would not have a problem with it.
He does not have a problem with a two story building. His concern is parking lot lighting at night.
Their understanding is they would not be on at night. If they are on at night they would definitely be
upset. His lot has a drainage problem and that be alleviated with this plan and it is his
understanding that it would be. He stated in the infinite wisdom of the City, they have made his
backyard into a river and he is trying to alleviate that.
Chairman Oppliger stated that this might be a case where the developer of the residential area failed
to tell the truth to the persons buying houses about what was actually going on to the piece of land
where the trees are growing and the bunnies are running. This bank has always been in the concept
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Page 9
plan presented. It is unfortunate that the buyers were not told about it. It was approved before the
houses were. The parking lot is going to be there, it was already approved, and there will be lighting
in the parking lot. That is a matter of security. He stated he hates to be so direct, but, when it
comes to security matters, there could be bad guys right across the street whether it is a bank or a
convenience store. That is a fact. This bank is not going to be open 24 hours. There may be an
ATM and the customers might drive up to it. Chairman Oppliger stated he spent 40 years in the
industry and he knows that people don't typically use ATM's after 9:30 at night, for safety reasons.
The rezoning is only for the bank site. This is a wonderful opportunity for the neighbors to present
their concepts about the berming and fencing and landscaping. He believes the developer will work
very well with the City in solving the drainage problems. It is good for these facts to get addressed
now so they can be resolved with final plan.
Hearing no further comments from the public, CHAIRMAN OPPLIGER entertained a motion to
CLOSE the public hearing. Moved by COMMISSIONER HORINE, seconded by COMMISSIONER
ALLENBRAND, and carried by a majority voice vote. (8-0-0-1, absent).
PLANNING COMMISSION DISCUSSION:
Commissioner Weimer stated he could not elaborate on anything that has been said. He has been
trying to visualize the hazards and risks, the security of the ATM and he is inclined to agree that
there would not be much traffic during the dark of night. He believes a potential exists for medical
offices to have nighttime traffic, to the same extent that the ATM would. He sympathizes with the
issues that have to do with the drainage. In general he does not perceive the bank as being a threat
to the security of the neighbors.
Commissioner Karlin stated the Commission's responsibility is to review the Golden Criteria to do
their job and on which to base their decisions. He agrees with the comments staff provided in the
packet and based on his review of the criteria he will be voting in favor of the project.
Commissioner Horine stated he appreciated the comments on the existing plan that was in place
many years ago. He asked about the drive through bank facility. It seems like an odd maneuver to
drive in and make a hard right turn around to the drive through. In following the driving pattern and
the stacking pattern in the drive through it looks like the stacking may block the queue for the rest of
the cars. He asked what is typically experienced on the drive through.
Mr. MacAdam stated it varies from site to site. The information he received from the owners of the
property, who are in the banking business, is that this was perfectly satisfactory. It is not optimal;
they had a couple of criteria that they were working in. The access drive is significantly depressed
from the actual elevation of the building; there is no way to enter it any sooner. The second is they
wanted to keep the drive traffic from traversing any more of the site than it needs to; they want to get
them in, drive through and back out again. The client felt that an effective nine car stack for the
three lanes was ample for any business that they expect to do at this location. The tail end of the
stacking is a result of how the site is accessed.
Commissioner Horine asked if there are any queue requirements that the City has for banks.
Mr. Pintar stated that there is and this meets the queue requirements. It is compliant.
Commissioner Allenbrand stated that it is unfortunate the homeowners bought their homes without
knowing about this. However, it does meet all of the criteria so she will be voting in favor of the
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project. She applauds the developer for meeting with the surrounding property owners and agreeing
to more landscaping.
Commissioner Reichmeier stated that he does not look at a bank as being a bad neighbor. This day
and age a post office can be a bad neighbor or any other business for that matter. Someone made
the comment about it being CP-O and that it could change and be something different in the future.
If that happens it would come back to the Commission again for review. He believes it is a nice
building and the he likes the whole concept.
Commissioner Stuke echoed what the other Commissioner's stated.
She applauds the
communication between the applicant and the neighbors. It is unfortunate the neighbors did not
know about the approved plan when they purchased their homes. They have to follow the Golden
Criteria and the development meets that so she will be voting in favor of the project.
Commissioner Katterhenry stated he does not have much to add. When it came through before,
even though the zoning was different, it did show a bank. Nothing has really changed on the plan
other than the clean up of the zoning. As Chairman Oppliger mentioned there are other steps the
plan has to go through. He encouraged the neighbors to follow up on the final plan. Regarding the
fence issue, they have a homes association that dictates the fence height. The developer does not
have the same limitations on their side. The grade issue should be worked out with the
development.
Mr. Pintar stated when he mentioned that CP-O zoning would permit a six story building, obviously
with this footprint, there is no way a six story building could be configured without structured parking
or a parking deck. The reality of it is there would not be an intense land use on this portion of the
site, it is too small. To further clarify, the mechanisms the City has to determine what is actually built
on this property rests with the plan that is being approved with the zoning. The plan goes with the
zoning as the concept plan would. This is a more detailed preliminary plan. The more mechanisms
that the City has to assure that this building does not end up being a two or three story building, that
assurance is based on the plan submitted for approval. This is a planned zoning district and any
change of what is being depicted would have to go through a similar process, having the property
posted, meeting with the neighbors and that sort of thing. While a future applicant has the ability to
change his mind, it does have to go through an approval process through the Planning Commission.
As reflected in the concept plan there is a 50 foot buffer around the site. By City code there is no
requirement for a fence. The only time a fence is triggered for development is if there is a setback
deviation if that buffer is made smaller. Green buffers are much more beneficial. Fences tend to be
maintenance issues. Sometimes fences are necessary if setback deviations are approved. Security
issues need to be weighed by the property owners. If the applicant desires security for their area
then he can propose a fence, it is not a requirement. The drainage issues will be addressed at final
plan. As far as the lighting, there are requirements for how many foot-candles a light can have.
Lighting requires flat lenses to help with spillage. There are several items that are looked at more
closely at final plan.
MOTION:
CHAIRMAN OPPLIGER entertained a motion to recommend APPROVAL of the Rezoning for
Prairie Star K-7 Medical Plaza with the comments made and staff recommendations. Moved by
COMMISSIONER WEIMER, seconded by COMMISSIONER HORINE, and carried by a majority poll
vote. (8-0-0-1, absent).
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POLL VOTE:
AYE:
Commissioner Katterhenry
Commissioner Stuke
Commissioner Horine
Commissioner Reichmeier
Commissioner Weimer
Commissioner Allenbrand
Commissioner Karlin
Chairman Oppliger
NAY:
None
ABSTAIN:
None
ABSENT:
Commissioner Hoffman
MOTION:
CHAIRMAN OPPLIGER entertained a motion to recommend APPROVAL of the Preliminary Plan
for Prairie Star K-7 Medical Plaza with the comments made and staff recommendations. Moved by
COMMISSIONER HORINE, seconded by COMMISSIONER KATTERHENRY, and carried by a
majority poll vote. (8-0-0-1, absent).
POLL VOTE:
AYE:
5.
Commissioner Katterhenry
Commissioner Stuke
Commissioner Horine
Commissioner Reichmeier
Commissioner Weimer
Commissioner Allenbrand
Commissioner Karlin
Chairman Oppliger
NAY:
None
ABSTAIN:
None
ABSENT:
Commissioner Hoffman
Revised Preliminary Plan approval for Nexus Retail, located at 9703 Rosehill Road.
PL 09-02 PR
APPLICANT PRESENTATION:
Kathy Warman of Warman Architecture and Design addressed the Commission. Ms. Warman
stated they are in agreement with staff's recommendation and understand and agree with the
stipulations. She thanked staff for their patience; they worked with her client very well to get to this
point. It is a tough site to work with. It is an odd shape with a single building being a multi-tenant.
The main tenant is a convenience store. The owner of the building occupies all of the spaces, one
being an office, a retail liquor store and a convenience store. The application is to add fueling,
repaint the canopy, and three islands on the north side of the site. The store experiences a lot of
foot traffic from the hotel and apartments around the area. The addition of the fueling it will be a
benefit to the owner and the surrounding businesses. It is an older building in a bit of disrepair. This
will give the owner the opportunity to upgrade the building. More detailed plans will be put together
for final plan.
STAFF RECOMMENDATION:
Mr. Pintar stated the plan is a good upgrade for this underutilized use. The zoning limits this
property to three pumps islands as a permitted use. It is a tough site and deviations are required.
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Additional embellishments have been submitted to offset the deviations. Staff recommends approval
with the stipulations in the staff report.
PLANNING COMMISSION DISCUSSION:
Commissioner Allenbrand stated she is in favor of the upgrade.
Commissioner Reichmeier stated it is not an attractive building and this will be a great improvement.
Commissioner Stuke echoed the comments made as did Commissioner Katterhenry.
Commissioner Weimer complimented the staff and the applicant on their work into this.
Commissioner Karlin asked what is involved environmentally.
Ms. Warman stated what is proposed is a single, compartmentalized, underground storage tank. It
will meet all of the latest requirements for underground storage tanks. The State of Kansas actually
requires permitting of the installation of tanks. The installers have to be licensed in order to do the
installation. There will be a heavy duty slab over the top of the tank. With all of the safeguards in
place there is oil and fuel that will drip from cars. It becomes an issue of stormwater and how it is
collected when it comes off of the site. They are working with the engineers with a design of a
filtering rain garden at the west end of the property before it goes into the storm sewer. It is a tough
site and they appreciate everybody's help with it.
MOTION:
CHAIRMAN OPPLIGER entertained a motion to recommend APPROVAL of the Revised
Preliminary Plan for Nexus Retail with the comments made and staff recommendations. Moved by
COMMISSIONER REICHMEIER, seconded by COMMISSIONER HORINE, and carried by a
majority poll vote. (8-0-0-1, absent).
POLL VOTE:
AYE:
Commissioner Katterhenry
Commissioner Stuke
Commissioner Horine
Commissioner Reichmeier
Commissioner Weimer
Commissioner Allenbrand
Commissioner Karlin
Chairman Oppliger
NAY:
None
ABSTAIN:
None
ABSENT: Commissioner Hoffman
Chairperson Oppliger asked student in the audience to introduce themselves. Seniors Allison Dorau
and Abby Drath, students at Shawnee Mission West High School stated they were attending the
Planning Commission meeting for their Government Class. They complimented the Commission as
they thought the meeting was interesting.
The meeting adjourned at 8:30 p.m.
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Page 13
Lu Anne Johnson , PC Recording Secretary
Roger Kroh, AICP, Community Development Director