1. APPLICANT: RSA Architecture is the applicant for this request.

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1 14. SPECIAL USE PERMIT NO Metcalf Avenue 1. APPLICANT: RSA Architecture is the applicant for this request. 2. REQUESTED ACTION: The applicant is requesting approval of a special use permit, for an indefinite period of time, to allow a hospital. 3. LOCATION: The subject property is located at Metcalf Avenue. 4. EXISTING ZONING: This property is currently zoned CP-O, Planned Office Building District (Rezoning No ). 5. NEIGHBORHOOD CHARACTERISTICS: The subject property is located at the intersection of two thoroughfares and contains a mixture of established single-family residential uses, commercial development, and public semi-public church uses. 6. CONFORMANCE TO THE COMPREHENSIVE PLAN: The comprehensive plan identifies this property as applicable for office and parks, recreation, and open space uses. The proposed use is in conformance with these designations as the applicant provides open space for a stream on the property. A special use permit is required for the hospital use because overnight stays occur on the property. Hospitals and medical uses are allowed uses in office development. 7. ANALYSIS: The applicant is requesting approval of a special use permit to allow a hospital at Vince and Associates Clinical Research at Metcalf Avenue. Vince and Associates has been at this location since approximately The business focuses on pharmaceutical studies and research of new medicines. Patients and study participants stay overnight on occasion at Vince and Associates, thus triggering the need for a special use permit for a hospital. There are currently two, one-story buildings on-site with associated parking. A total of 24,576 square feet of building currently exists on-site. The buildings contain pitched roofs and are mostly constructed of stone, stucco, and hardy board. The applicant is proposing to construct a twostory 14,295 square-foot building between the existing buildings which will have walkway connections to both buildings. This will allow employees and patients the ability to remain indoors and travel to all parts of the buildings. A total of 95 beds and 60 employees will be in the three buildings, which requires 92 parking spaces. The applicant is providing a total of 119 parking spaces. A new landscape plan has been submitted showing new parking lot landscaping, parking lot screening, and foundation plantings around the three buildings.

2 The new building is proposed to be constructed of glass and stucco with windows on all four sides of the building. To tie the three buildings together, the applicant is proposing to construct a 24-foot high, two-foot wide stone wall. The wall will be 140 feet long and will contain numerous glassless windows to allow views to the new building. The wall will cover both the new building and existing buildings, creating the appearance of one contiguous building and will create a strong focal point along Metcalf Avenue. Other improvements to the site include an increased pedestrian connectivity throughout the site and a stone wall connecting the buildings to the existing stone waterfall. ENVIRONMENTAL IMPACTS: A Preliminary Stormwater Management Study was submitted for the proposed project. Additional design details for the stormwater treatment facilities are necessary prior to the approval of the final development plan. The site is bordered by a major tributary to Indian Creek along the east side of the site with a tributary area in excess of 1,500 acres. Based on Chapter of the Municipal Code, there shall be a stream corridor setback of 100 feet. The proposed building is located outside of the 100- foot buffer zone. The site also contains FEMA floodplain, as well as floodway. The limits of the floodplain and floodway are located within the stream corridor. If grading within the floodplain is necessary for the construction of the proposed building, the contractor will need to obtain a Floodplain Development Permit. SITE PLAN REVIEW COMMITTEE: The Site Plan Review Committee reviewed this application at its March 13, 2013 meeting. The committee was supportive of the applicant s architectural style and attempts to create an interesting and grand feature along Metcalf Avenue, while still connecting to the older existing buildings. The committee voted 2 to 0 to recommend approval of this application. 8. STAFF RECOMMENDATION: The staff recommended approval of Special Use Permit No , for an indefinite period of time, subject to the stipulations approved by the Planning Commission. 9. PLANNING COMMISSION RECOMMENDATION: The Planning Commission considered this item at a public hearing on April 8, No one spoke in opposition to the request and the Planning Commission voted 11 to 0 to recommend approval of Special Use Permit No , for an indefinite period of time, subject to the following stipulations:

3 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. Provided, subsequent revisions may be made thereto in accordance with the application, notice and other requirements of O.P.M.C. Title 18. 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. Prior to the issuance of a Building Permit, the property shall be preliminary and final platted. c. Prior to the issuance of a Building Permit, the Planning Commission shall approve final development plans. d. Prior to the issuance of a Certificate of Occupancy, all roof-top and ground-mounted mechanical equipment shall be screened from view with an architectural treatment that is compatible with the building architecture. e. At the time of final development plan, the staff will review the site to ensure the landscaping meets all requirements of the site design standards. f. Signage will be reviewed at the time of final development plan. g. The number, location and geometrics of all driveways and parking areas are subject to review and approval by the Planning and Development Services Department. h. Concurrent with the submittal of an application for final development plan approval, the developer s engineer shall submit a Revised Preliminary Stormwater Management Study. The study, plan, and calculations shall be approved by the Engineering Services Division prior to the Planning Commission consideration of the final development plan. i. At the time of final development plan approval, a landscape architect registered in the State of Kansas shall provide a sealed landscape plan for the applicable stormwater treatment facilities.

4 j. Prior to approval of the final plat including the stream corridor, the owner/developer shall submit a Stream Corridor Maintenance Agreement for review and approval by the Engineering Services Division. The Stream Corridor Maintenance Agreement shall be submitted by the Engineering Services Division for recording, concurrent with the final plat, at the Johnson County Department of Records and Tax Administration with the recording fee paid by the owner/developer. k. Concurrent with submittal of construction plans for a Site Development or Building Permit, whichever comes first, the developer s engineer shall provide a Final Stormwater Management Study that addresses any outstanding items from the Preliminary Stormwater Management Study and includes any design changes. The study shall be approved prior to issuance of a permit. l. Concurrent with submittal of construction plans for a Site Development, or Building Permit, whichever comes first, a separate set of final stormwater treatment facility plans for any deferred facilities serving multiple or future lots shall be submitted for review and approval. A separate Site Development Permit application shall be made for construction of the stormwater treatment facilities and shall be obtained prior to issuance of a Site Development, or Building Permit for that phase of construction. Any deferred facilities shall be constructed only when 90 percent of the upstream tributary area is permanently stabilized and shall commence within six months following permanent stabilization or when directed by the Engineering Services Division. m. Prior to the issuance of a Site Development or Building Permit, whichever comes first, the owner/developer shall submit a Stormwater Treatment Maintenance Agreement for review and approval by the Engineering Services Division. The Stormwater Treatment Maintenance Agreement shall be submitted to the Engineering Services Division for recording at the Johnson County Department of Records and Tax Administration with the recording fee paid by the owner/developer. n. Prior to the issuance of a Land Disturbance, Site Development or Building Permit, the applicant shall obtain a Floodplain Development Permit for any grading, construction, or development in the Special Flood Hazard Area (SFHA).

5 o. Prior to the issuance of a Site Development or Building Permit, whichever comes first, a Performance Surety for the Stormwater Treatment Facility shall be provided by the owner/developer in accordance with Section C of the O.P.M.C. p. Prior to the issuance of a Site Development Permit, the owner/developer shall submit a Private Parking Lot Maintenance Agreement for review and approval of the Engineering Services Division. The Covenant to Maintain Private Parking Lot Agreement shall be submitted to Engineering Services Division for recording at the Johnson County Department of Records and Tax Administration with the recording fee paid by the owner/developer. q. Concurrent with the issuance of a Land Disturbance, Site Development, or Building Permit, whichever comes first, the contractor shall erect a visible temporary fence or other barrier that delineates the outer edge of the stream corridor boundary for work within 50 feet of the designated stream corridors. The barrier shall remain in place throughout construction and remain free of grading, retaining walls, or other alterations, unless otherwise approved. The barrier shall remain until the adjacent lots have been sodded. r. Prior to the issuance of a Final Certificate of Occupancy, a Maintenance Surety shall be provided by the owner/developer for the Stormwater Treatment Facilities in accordance with Section E of the O.P.M.C. s. Prior to the issuance of a Final Certificate of Occupancy, the owner/developer shall provide a Certification of Completion and Compliance for all constructed stormwater treatment facilities. The owner/developer shall submit a maintenance certification one year after construction is completed, and every two years thereafter. The certification shall be on a form as approved by the Engineering Services Division and shall be performed by a Professional Engineer, licensed in the State of Kansas, unless the Director approves other qualified individuals to perform the certification. t. Prior to the issuance of a Certificate of Occupancy, any existing public sidewalk adjacent to this property that does not substantially meet current City standards or is in poor condition shall be reconstructed to current City standards. The limits of the repair

6 shall be approved by the Engineering Services Division prior to issuance of a Building or Site Development Permit. An alternate route for pedestrian traffic shall be maintained in compliance with Section of the O.P.M.C. In no case shall public sidewalks be closed to pedestrian traffic for a period exceeding 30 days without prior approval from the City. u. Prior to the issuance of a Certificate of Occupancy, all new private sidewalks shall comply with the City s standard details for private sidewalks and sidewalk ramps, unless waived by the Director of Planning and Development Services (Section ). Noncompliant pedestrian routes shall be clearly identified on the plans and comply with the building code.