John Petersen of the Polsinelli, et al, Law Firm presented a draft plan (click on image for full size) for the 80-acre tract on the Southeast corner of Metcalf and 159th in Johnson County, KS.

The developer intends to request annexation of the property to Overland Park. In that case the Overland Park City Council would make the final decision on the proposed application rather than the Johnson County Commissioners.

The entire area is currently Master Planned in Johnson County as all residential (formally called "Transitional", meaning density of homes would transition from the very low density Blue Valley Riding neighborhood to higher density along Metcalf and 159th Streets).

Audience Reaction Negative

The audience of neighbors was overwhelmingly opposed to the plan. Jean Prouty, President of the Blue Valley Home Owners Association, presented to the developers ideas gathered from the neighborhood, including among other points that the Lowes would be more reasonably placed at another location, for instance the Merrill tract which is near Hwy 69 and 159th Street; that a row of single family homes should be built next to Blue Valley Riding; and draining/sewer issues should be addressed. (See Letter to Developers)

Commercial Anchored by Lowes

The following information was presented about the Commercial aspects of the plan, which would be zoned under the proposal as CP-2:

1. Total retail square footage of approximately 340,000 square feet (far more retail than the Wal-Mart across the street)

2. Anchored by Lowes, approximately 171,000 sq ft, which would be the building set closest to the existing neighborhoods (Blue Valley Riding and Willowbend)

3. Lowes would reach a maximum height of 48 ft with an average around 42 ft. How this appears from homes would depend on how ground was graded.

4. About 12 additional retail pads along 159th and along Metcalf. Metcalf retail would extend from 159th to 162nd Terrace.

The developer emphasized that the goal was that residents in adjoining neighborhoods would not see, hear, smell, or otherwise be bothered by any of the commercial activities.

High Density, Lower Value Residential To Abut Blue Valley Riding

Perhaps the key point made by neighbors was in response to the developers' assertion that lower density, higher value homes could not be built next to a commercial area and sold.

An audience member pointed out that that was precisely the reason the Lowes should not be built next to the current low density, high value homes of Blue Valley Riding and Willowbend.

When one neighbor claimed this development would lower existing home values, Petersen looked at her and nodded his head in apparent assent.

The following information pertains to the residential portion of the proposed plans.

1. The residential land would be zoned RP-4 under the proposed plan.

2. No single family residential homes to transition from the very low density of Blue Valley Riding (which has homes on 1 to 2 acre lots)

3. High density "Row Homes" would be placed next to Blue Valley Riding as the buffer to Lowes and condos

4. Condos would be placed on remaining property.

Legal Protest Petition

One audience member asked whether the annexation would affect neighbors' rights to submit a legal protest petition. A successful legal protest petition would require a "super majority" of the governing body rather than a simple majority to approve the development application. Such a petition was used successfully against the last attempt to develop this land commercially.

Annexation would not affect the petition, other than to make the Overland Park City Council the governing body rather than the Johnson County Commissioners. The right to sign such a protest petition is guaranteed under Kansas state law.

Whether or not the land is annexed, all Overland Park City property owners within 200 feet and all Johnson County property owners within 1000 feet could sign the legal protest petition. If owners of 20% of the land within 200 ft/1000 feet sign the petition, it takes effect.

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