Southmoor Gardens Neighborhood Association

Rezoning Issue - Staff Comments for Nov 28, 2005 Meeting

Staff Comments

4. REZONING NO. 2005-21 - Vicinity of the northeast corner of 71
St Street and Metcalf Avenue

1. APPLICANT: 71st and Metcalf, L.L.C., is the applicant for this request.

2. REQUESTED ACTION: The applicant is requesting a rezoning from R-1,
Single-Family Residential District, to RP-3, Planned Garden Apartment
District, to allow a townhome development.

3. LOCATION: The 2.1-acre tract is located at the northeast corner of 71
St Street and Metcalf Avenue.

4. CHARACTER OF THE NEIGHBORHOOD: The application area is
located along a section of Metcalf Avenue that is low-density residential in
character with a mix of single-family homes, duplexes and church uses.
This stretch of Metcalf Avenue is a four-lane thoroughfare with a 2004
average daily traffic generation of 35,100 trips. Average daily traffic is a
24-hour weekday measurement of north and south bound traffic. The
intersection of 71st Street and Metcalf Avenue operates at a level "D",
which is within the acceptable range.

5. LAND USE AND ZONING PATTERNS: The application area is currently
developed with two single-family homes. The northwest corner of 71st Street
and Metcalf Avenue is zoned RP-2, Two-Family Dwelling District, and is
developed with two duplexes. The Queen of the Holy Rosary
church and school is located to the south on property zoned R-1. All other
immediately surrounding properties are zoned R-1 and developed with
single-family homes in the Southmoor, Milburn Place and Garastanna
Acres subdivisions.

There are several other duplex developments mixed in with single-family
on the west side of Metcalf Avenue, between 69th Terrace and 67th Street.
A series of duplexes are located north of 67th Street. The east side of
Metcalf Avenue, south of 72nd Street, is zoned for and developed with
offices. The housing on the west side of Metcalf Avenue, north of 71st
Street, predominately faces Metcalf Avenue. On the east side, the two
houses north of the application area face Metcalf while most of the rest of
the housing sides to Metcalf Avenue. South of 71st Street the housing at
the southwest corner of 71st Street and Metcalf Avenue faces 71st Street,
as do the residents to the east of the application area. Farther south, the
homes face Metcalf Avenue with access to a frontage road.
REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue


a. DEVELOPMENT PLAN: The applicant is requesting approval of a
rezoning to RP-3 to allow a 21-unit townhome development with an
density of 10 dwelling units per acre. The project consists of
detached single-family units, townhomes and lofts. The proposed
buildings are one to four stories in height. The units along 71st
Street and Metcalf Avenue are oriented toward the street. Two
detached single-family units are located in the interior of the project,
separated from the property line by a detention basin. These two
units each have a detached garage. It is the applicant's desire to
design the detention basin to act as an amenity area for the
development. This project meets the open space and lot coverage
requirements outlined in the Infill and Redevelopment Design

Each unit has a one- or two-car garage at the back of the unit off of
the internal drive. The majority of the garages are attached
although four garages are detached. The units are proposed to be
constructed of brick and stucco with asphalt shingle roofs.
Additional surface parking spaces are also provided and the project
meets the required parking ratios. Access to the site is provided by
a full turning movement drive onto 71st Street and a right-in/right-out
drive onto Metcalf Avenue.

The buildings are proposed to be setback 18 to 26 feet from the
adjacent streets with porches extending to within 10 to 12 feet of
the right-of-way. A 30-foot setback is provided along the eastern
property line. The front yard of each unit is proposed to be
enclosed by a low wrought iron and brick fence. A low four-foot
fence and landscaping are also proposed along the east property
line. The landscaping as shown is conceptual and will require
additional review for compliance with the Infill and Redevelopment
Guidelines at the time of final development plan approval.
There are a number of quality trees on this site. The city forrester
has visited the site and is of the opinion that a number of the trees
along the street frontages and perimeter property lines can be
maintained provided that specific tree protection measures are
followed during construction. The staff will include stipulations to
address tree protection.

REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue

Deviations to the setback and building story requirements of the
RP-3 District and the Infill and Redevelopment Design Guidelines
are required. In working with the applicant, the staff determined
that the applicant's proposal did not fit neatly into any existing
zoning category. In many respects, this project is similar to those
allowed in the DND, Downtown Neighborhood District, and the
PRN, Planned Residential Neighborhood District, currently under
consideration. However, those districts are geographically limited
to other parts of the city. In staff's opinion, the requested RP-3
district most closely fits this project with the minimum number of
deviations needed. The necessary deviations are discussed in
detail later in the report.

b. TRAFFIC IMPACTS: The transportation staff supports the
proposed layout, which will provide good internal vehicular and
pedestrian circulation. One minor street improvement will be
necessary on 71st Street to shorten the median in 71st Street near
the site driveway to allow for easier left-turn-in movements. A
stipulation to that effect has been included at the end of these

c. ENVIRONMENTAL IMPACTS: A Revised Preliminary Stormwater
Management Study has been submitted for this project and
reviewed by staff. There are still staff concerns that need to be
addressed, but staff is comfortable in proceeding with the rezoning
request provided the outstanding concerns are addressed prior to
final development plan approval. Those concerns will be provided
in written comments to the applicant's engineer.

The major storm drainage concern with this project is how the
discharge from the detention basin will be connected to a public
storm sewer. Given the project's location, the most direct way to
connect to a storm sewer is across one, two or three neighboring
private properties north and northeast of the site. These routes
would connect to a public storm sewer in the yard of 7010
Broadmoor Street or in Broadmoor Street. Another indirect way
would be to route the private storm sewer to 71st Street along the
east property line against a grade that slopes in the opposite
direction, then route the private storm sewer east along 71st Street
to connect to a storm sewer on the south side of 71st Street, a half
block east of Broadmoor Street.

REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue

This latter alternative is twice as long and most likely will triple the
cost or more because of conflicts with existing utilities in 71st Street
and the cost of street repair. Additional engineering analysis of the
capacity of the 71 st Street storm sewer would be necessary as the
drainage from this site was not intended to go to the 71st Street
storm sewer. In the engineering staff's most recent communications
with the developer, progress had been made in obtaining easements
to route the private storm sewer across the adjoining private property
on the direct route, but a definitive agreement had not yet been reached.

If a private storm sewer easement can not be acquired, then two
alternatives remain, other than an extra long and expensive storm
sewer along 71st Street. One alternative would be to discharge the
stormwater at ground surface, but this approach is not
recommended by staff because it appears that 7010 Broadmoor
Street may experience flooding; however, the extent or frequency
of flooding is not known. Even though the detention facility would
not result in any greater discharge than is reaching the property
now, the form of the discharge changes from sheet flow spread out
across a 200-foot wide area to a shallow concentrated flow at the
discharge point. Once collected in the detention basin, staff knows
of no practical way to reestablish sheet flow.

The second alternative is for the Governing Body to consider
condemnation of a storm sewer easement, an action the Governing
Body has not previously taken due to concerns about condemning
private property for a private developer and the cost of a lengthy
legal process, even though the developer reimburses the city for all
legal costs. Stipulations are included to address the situation if the
developer does not complete acquisition of an easement to
construct the private storm sewer.

The latest site plan reviewed before these comments were
prepared was not completely coordinated with the latest stormwater
management study. In the study, the top of berm elevation is
1063.33 feet, but the site plan appears to have a top of berm
elevation of 1062.0 feet. That is the elevation of an emergency
overflow that is supposed to occur over a 30-foot long weir that is
not currently defined on the plan.

REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue

The detention facility for this project is larger than usual for this size
project. Staff thinks the increased size is the result of over 20
percent of the site area draining uncontrolled to the Metcalf Avenue
and 71 st Street rights-of-way. If more of this uncontrolled discharge
was captured, then the detention basin discharge rate could
increase somewhat and result in a somewhat smaller basin and still
have the same total site discharge as before development. The
larger basin combined with the developer's desire to not install a
fence or any walls within the basin has resulted in two units being
removed from the original proposal. Prior to final development
approval, the detention basin sizing will need to be reviewed again
to look for any possibilities of reducing its size as well as making
adjustment for the higher berm not currently shown on the plan.

A curb inlet is shown at the back side of a trash enclosure along the
east property line. The inlet or trash enclosure must be moved so
water does not flow through the trash enclosure to reach the inlet.

d. SITE PLAN REVIEW COMMITTEE: The applicant met with the
Site Plan Review Committee on two occasions. The committee
requested minor changes to the roof line of one of the buildings to
break up the expansion of the roof. The committee discussed the
proposed height, setbacks and architectural elements of the
project. The committee also reviewed the percentage of brick on
the building. Given the architectural design of the building and the
use of more than 40 percent brick on a portion of the elevations, the
committee was comfortable with some elevations having less than
40 percent brick. The committee voted 2 to 0 to recommend
approval of the project subject to incorporate dormers into the roof
line for the four-unit building facing 71 st Street.


a. FUTURE DEVELOPMENT PLAN MAP: The Future Development
Plan identifies this property for low-density residential development.
Low-density residential development is classified as one to five
units per acre. Therefore, the applicant's request is not in
conformance with the Future Development Plan.

b. GOALS AND POLICIES: The Master Plan land use goals for
medium density residential uses recommend encouraging a variety
of housing types including townhomes, patio homes, duplexes,
REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue cluster housing and apartments. In locating
multi-family developments, the Master Plan contains the following specific

Policy 3.1: Use Appropriate Transitional Methods

Appropriate transitional methods should be considered at all
locations where the development or expansion of either more of
less intensive land uses abut medium-density residential property.
In general, transitions should be made gradually. Appropriate
transitions include: site orientation, building relationships, land
features, buffering and landscaping and lighting.

Policy 3.2: Ensure Compatible Infill Development

Encourage investment in new and existing medium and higher
density residential development that maintains similar setbacks and
building orientation to surrounding land uses. Buildings should be
designed to respect the mass and scale of adjacent low-density
residential areas.

Policy 3.4: Allow the Option of Medium-Density Residential as
a transitional use

Allow the use of medium-density residential as a transitional land
use between low-density residential and other more intensive uses.
The low-density residential land use goals of the Master Plan
describe encouraging compatible infill development in established
low-density residential neighborhoods by incorporating the following
principles: maintain predominant building orientations and
identifiable streetscapes; maintain vehicular and pedestrian
circulation patterns; preserve neighborhood open space patterns;
use compatible building heights to homes in the neighborhood and
strengthen existing architectural forms of the neighborhood in roof
types, proportions, exterior materials and minimized emphasis on
garages and maintain established lot widths.

property is subject to the Infill and Redevelopment Design
Guidelines. The intent of the guidelines is to improve the overall
quality of infill and redevelopment in the older, established areas of
Overland Park and to ensure that infill and redevelopment is
compatible with surrounding land uses, enhances the existing
REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue character of established areas, improves
the overall image and brings new vitality to existing neighborhoods.
The Infill and Redevelopment Design Guidelines recommend a
uniform layout of residences along a street to create a cohesive
visual identity and attractive street scene. The thoroughfare street
character in northern Overland Park is significantly different from
that in southern Overland Park because of the orientation of single-
family developments. Access restrictions cause newer
development to generally be oriented with homes backing onto the
thoroughfare instead of facing the thoroughfare as is more
predominate in older neighborhoods. The proposed townhomes,
with rear garage access, maintain the front facing pattern found
along Metcalf Avenue.

The Infill and Redevelopment Guidelines state that the perimeter
setback of new development shall not be less than the average
setback of residential uses along the same and facing block faces
and may not be less than 50 percent of the minimum required by
the UDO. The average setbacks along Metcalf Avenue are 55 feet
on the west side, 72 feet on the east side (for two homes to the
north of the application area) and 36 feet on the north side of 71st
Street. The required setbacks are 35 feet from Metcalf Avenue and
30 feet from 71st Street. The proposed setbacks for the structures
are generally 18 feet along Metcalf Avenue (one porch extends to
within 10 feet of the right-of-way) and 18 to 20 feet along 71st
Street with porches extending to within 12 feet of the right-of-way.
These setbacks are most similar to the DND, Downtown
Neighborhood District, which allows a minimum setback of 10 feet
from the right-of-way and requires a maximum setback of 20 feet.
The RP-3 District has a height limitation of two stories and 30 feet,
but allows a third story on the downhill slope. The third story
portion of the building is limited to 40 feet high. The Infill and
Redevelopment Guidelines allow three-story buildings in RP-3
provided the three story portion is setback a minimum of 50 feet
from any adjacent street or single-family residential development.
Two of the proposed buildings have three-story portions, one
building has a fourth story. (Because the preliminary grading
information indicates that the garage/basement level will be more
than 50 percent above grade, the UDO definition of "story"
considers the buildings to be three and four stories.) The maximum
REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue heights are 38 to 41 feet high. The DND
District allows a maximum of two stories and 35 feet in height.
The guidelines also recommend that where multi-family buildings
abut single-family development of a lesser height, the multi-family
shall step down by one-story in height on the side that abuts the
single-family lot. The eastern two-thirds of this project, is one and
two-story buildings and open space. The building along Metcalf
Avenue steps down from four stories to three stories with the three-
story portion of building within 38 feet of the existing single-family
lot to the north.

It should be noted that the Infill and Redevelopment Guidelines
were written to recognize the additional costs and challenges
associated with infill and redevelopment projects by rewarding
multi-family developments that meet the design criteria with a
density bonus that allows a density increase up to 25 percent
greater than that allowed by right in the requested district and
associated Master Plan category. The density proposed from this
project is less than the density allowed by right in the RP-3 District
(12.4 dwelling units per acre), but more than allowed with bonuses
in the RP-4, Planned Cluster Housing District (9.07 dwelling units
per acre).

8. DEVIATION REQUEST: Two deviations are required for
setbacks and building height/building stories. The requested setback
deviations are outlined below:

Setbacks Provided Required Metcalf
18 feet
35 feet
Metcalf 3rd story
23 26 feet
50 feet
Property line 3rd story
38 feet
50 feet
71st Street
18 feet
30 feet

Porches extend to within 10 feet of Metcalf, 12 feet of 71st Street
This project also requires a deviation to allow a four-story building. The
four-story portion is 41 feet high. The RP-3 District, which allows three-
story buildings on the downhill slope, allows a maximum height of 40 feet.

The Planning Commission or City Council may grant a deviation if they
find that all the following requirements can be met:
REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue

Uniqueness: It is staff's opinion that redevelopment situations create
scenarios that cannot always be adequately anticipated in advance. The
staff anticipates that the unique constraints of parcel size, access
availability and neighborhood character may not always lend themselves
neatly to an existing zoning district.

Impact on adjacent property owners: The applicant's development
proposal has been designed to place the highest intensity along Metcalf
Avenue and at the intersection of Metcalf Avenue and 71st Street. It is
staff's opinion that with the separation of Metcalf Avenue, the adjacent
properties to the west will not be impacted by the reduced setbacks and
increases in building stories. The staff anticipates that any impacts on the
adjacent property to the north may be offset by future redevelopment
potential for this property given the large lot size, orientation toward
Metcalf Avenue and limited alternative access available.

Hardship: Redevelopment is often constrained by parcel acquisition
issues, lack of adequate and available utilities and easements and
demolition costs not always associated with development on vacant tracts.

Public Safety and Welfare: The staff does not anticipate any impact on
public safety and welfare should the deviations be granted.

Intent of the Ordinance: In recent years, the city has taken on a number
of measures, including the development of the Infill and Redevelopment
Design Guidelines, the Downtown Master Plan and the DND District to
address the unique development issues related to infill and redevelopment
parcels that set them apart from the development issues related to
development on vacant properties.

9. STAFF ANALYSIS: Quality new investment in a neighborhood contributes
to the overall vitality and sustainability of existing neighborhoods and sets
a standard for future redevelopment to follow. This section of Metcalf
Avenue is developed with a number of single-family homes on large lots
that face Metcalf Avenue. North of 67th Street, the duplex development on
the west side of the street appears to be deteriorating. It is staff's opinion
that these situations may lead to future requests for redevelopment. With
the high traffic volumes on Metcalf Avenue, the staff believes that
medium-density residential uses that incorporate sensitive site layout and
quality architectural design are a viable alternative as a transitional use
from the thoroughfare to existing single-family developments off of Metcalf

REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue Although the density of the applicant's proposal
is not consistent with the recommendation of the Master Plan for
low-density residential uses, the Infill and Redevelopment Design Guidelines
have anticipated the need to offset higher development costs by allowing
density increases above those allowed by right in the city's multi-family
zoning districts and the corresponding Master Plan designations. The
applicant's development proposal respects the predominate building
orientations along Metcalf Avenue and 71st Street, contributes a strong
architectural design that minimizes the emphasis on the garages, provides a
variety of housing types and adequately transitions from higher intensity
buildings at the intersection and along Metcalf Avenue to low intensity
buildings adjacent to the existing single-family neighborhood.

In staff's opinion, the applicant's proposal, including the necessary
deviations, are consistent with the city's established redevelopment efforts
to maintain the vitality and distinctive neighborhood character of the
northern part of the Overland Park.

10. STAFF RECOMMENDATION: The staff recommends approval of
Rezoning No. 2005-21, subject to the following stipulations:

a. The development shall be in accordance with Exhibit "A" (Site
Plan), and Exhibit "B" (Building Elevations), which are filed in the
office of the Planning Commission Secretary at City Hall and which
are incorporated by reference as if set out in full herein. In addition,
the development shall follow and comply with all regulations and
standards of the City of Overland Park, unless specifically
exempted by the Governing Body.

b. The development shall be limited to 21 units.

c. Prior to the issuance of any building permits, the property shall be
preliminary and final platted.

d. The location and geometrics of all driveways and parking areas are
subject to review and approval by the Planning and Development
Services Department.

e. Concurrent with construction of any improvements on this site and
prior to the issuance of any form of Certificate of Occupancy, the
developer shall modify the eastern nose of the 71st Street raised
median to provide for easier turning movements for drivers making
REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue left turns into the site, subject to review and
approval by the Planning and Development Services Department.

Prior to, or concurrent with, the submittal of construction plans for
this site, plans for the public improvements shall be submitted for
staff review. Prior to issuance of a Footing and Foundation or
higher-level permit, the Public Street, Storm Sewer, and Streetlight
Plans must be approved by the Engineering Services Division of
the Planning and Development Services Department.

f. Prior to the issuance of a land disturbance or higher permit, the
applicant shall meet with the city forester to discuss specific tree
preservation measures to be undertaken during construction to
preserve identified trees. The construction documents for such
permits shall include the recommendations of the city forester.

g. A week prior to submittal of a final development plan approval
application, the applicant shall submit a revised Preliminary
Stormwater Management Study that addresses the issues in staff's
most recent comment letter sent to the applicant's engineer.

h. Concurrent with the submittal of construction plans for a Site
Development or Building Permit, whichever comes first, the
applicant shall submit the following:

1. A Final Stormwater Management Study that addresses the
outstanding items from the Preliminary Stormwater
Management Study and includes the final detention
calculations and any design changes.

2. Separate final detention plans.
Staff approval shall be obtained for both submittals prior to
issuance of a Site Development or Building Permit.

i. Prior to issuance of a Site Development or Building Permit, the
developer shall furnish the Engineering Services Division with a
copy of an easement or other written document that shows
permission has been granted by the appropriate party or parties to
allow the installation and maintenance of a private storm sewer for
the discharge from the detention facility. In the event the developer
is unable to obtain such permission, then one of the following shall
REZONING NO. 2005-21 - Vicinity of the northeast corner of 71st
Street and Metcalf Avenue be completed prior to issuance of a Site
Development or Building Permit:

1.Conduct the necessary engineering analysis of the feasibility
of connecting the discharge of the detention facility to the storm sewer
in 71st Street east of Broadmoor Street. If feasible, then revise the site
plans and prepare and obtain approval for a separate set of public storm
sewer plans to route a storm sewer in the public right-of-way of 71st

2. Obtain a storm sewer easement through a condemnation
process if the Governing Body votes to do so.

j. Prior to issuance of a Temporary Certificate of Occupancy for any
building, the detention facility shall be in service.

k. Prior to issuance of a Final Certificate of Occupancy for any
building, the detention basin serving the building must be certified
by a professional engineer, licensed in the State of Kansas, in
accordance with Chapter 15.10.500, O.P.M.C.

Posted by 6719 on 11/25/2005
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