What is being proposed?

Target is proposing to build a 130,903 sq. ft. store on 16.3 acres at roughly 97th/Quivira (colored yellow in the photo below). This is directly south of and abutting The Oak Park Super Regional Shopping Center. It is also proposing a 10,000 sq. ft. padsite for a retail use. The store entrance would face east with 695 parking spaces. There would be two detention ponds to hold run-off water.

There are two fundamental questions to be asked:

1. Does Target belong in this location under any circumstances?

2. If so, what restrictions should be placed on it?

The answer to the first question is "No it does not", so the second question becomes irrelevant. However the developers and some City Councilmembers have jumped right to the second question, which comes down to how to place "berms and bushes".

Why Target Does Not Belong Here At All

Target does not belong at this location at all for these reasons (click on topic for more detail):

1. This 16.3 acres has already been zoned CP-O for office use so it can "buffer" homes from Oak Park Mall, which is what Overland Park guidelines call for. Resident's buying homes near here have been made that promise for almost 30 years.

2. Target does not fit in this 16.3 acres and is facing the wrong direction

3. Target's own "Traffic Impact Study" shows terrible traffic will result and nearby intersections will not meet the lowest acceptable standards

4. The intersection of Quivira and 95th, near the proposed Target, has the second worst accident rate out of 43 top intersections for accidents in Overland Park.

5. The R-2 Zoning for residential homes south of the proposed Target is incorrect and misleading

Conclusion: Target does not belong here

Related Reference Information

• Councilmembers Marsha Gilliland and Neil Sader represent Ward 2, where this proposed Target would be located. Mr. Sader lives in Oak Park neighborhood, itself.

• Target is represented by the law firm of Polsinelli, Shalton, and Welte. The investment group which owns the land is Highwood Properties Inc. of North Carolina.

• Here is the Traffic Study submitted by TransSystems, Inc. for the developer. Neighbors have found in the past that TransSystems significantly understates traffic problems and publishes erroneous information that had to be corrected. In this report, the size of the store is understated by some 5,100 sq ft, so traffic figures should be adjusted upwards about 4%. Even without this error, the traffic problems documented are intense.

• Here is the City Website about this application. Although this website mentions a legal protest petition, it neglects to say the most important fact: a successful protest petition means that 10 of the 13 City Council members/Mayor must vote in favor to approve the Target, rather than a simple majority.

NeighborhoodNet Articles

Here are NeighborhoodNet articles that mention this Target proposal:

• 4/6/2004 - Target Application Postponed: Gives Polsinelli Law Firm Time To Correct Notification Mistakes

• 4/6/2004 - Target Submits Erroneous Protest Petition Information: Will Its Application Have To Be Re-Submitted?

• 4/1/2004 - OP Councilmember Sader Forgets Who Funded His Campaigns: Now Updated With Sader's Apology

1. This 16.3 acres has already been zoned CP-O for office use This is a proper use of the land and this provides a land-use transition to protect the nearby residential properties of Oak Park neighborhoods. Oak Park Super Regional Shopping Center is a heavy commercial development and, according to the 2003 Master Plan, both office and higher density residential can be used on the vacant acreage as transitional use to border the nearby residential areas.

   The 2003 Master Plan, Goal 2, states: "Compatible Transition from Commercial Development to Less Intensive Uses: Ensure compatible transition from commercial development to residential neighborhoods and other less intensive land uses."

   "Policy 2.4: Allow the Option of Higher Density Residential as Transitional Use- Allow the use of higher density residential development as a transitional land use between commercial developments and the surrounding low-density residential neighborhoods."

   "Policy 2.5: Allow the Option of Low-Intensity Office as Transitional Use-- Allow low-intensity office development as an alternative transitional land use into low-density residential neighborhoods . . . " (2003, Master Plan for Overland Park. To access the full master plan and all of its text: www.opkansas.org Click on "site index" at bottom of page. Click on Master Plan, then Goals section.)

2. Target does not fit in this 16.3 acres and is facing the wrong direction. It does not meet the standards required by the "Commercial Design Guidelines and Standards" These are standards which planners use to evaluate and approve a building design. The word "shall" is defined as a mandatory requirement. Looking at either scenerio--for a single tenant store or for a multiple-building development, the orientation of the store is wrong. Here is the requirement for a Single-Tenant Building. Target would have to face 97th Street.

   "Unless part of a larger planned development or commercial center, when there is only one (1) building in a proposed commercial development that will be occupied by a single tenant, such building shall be oriented toward the primary [the street abutting the store, carrying the most traffic volume] abutting street and shall otherwise comply with standard B.2.a (Location of Parking) above. Deep setbacks behind large expanses of parking areas or vacant land shall be avoided." (P. 16, Feb. 11, 2004, Commercial Design Guidelines and Standards. To access the entire text of these standards: www.opkansas.org At bottom of page, click on "site index" then click on Commercial Design Guidelines and Standards.)

   Here is the requirement for a Multiple-Building Development. Target would again be forced to face 97th Street.

   "All primary and pad site buildings shall be arranged and grouped so that their primary orientation complements adjacent, existing development . . ." Adjacent is defined: "'Adjacent' or 'abutting' shall include properties or uses that are separated by a drive, street, or other public-dedicated right-of-way." (P. 16, Commercial Design Guidelines and Standards.) Once again, the entire Oak Park Mall is directly across 97th Street from the proposed Target. The Oak Park Stores, directly across the street, all FACE 97th Street. This mandatory standard requires the Target store to also face 97th.

3. Target's own "Traffic Impact Study" shows terrible traffic will result and nearby intersections will not meet the lowest acceptable standards. The Target store development will generate 8,762 daily vehicle trips whereas office use for this land would only generate 3,620 daily trips. The Target store will mean +5,162 more vehicle trips each day than if this land stayed office use. (A trip calculation means that if you stand in one spot near the store and count all the vehicles you see pass in either direction, the total would be 8,762 .)

   Also, the "Traffic Impact Study" shows that additional turn lanes would be required to even get nearby intersections to the lowest acceptable standards.

   Furthermore, 97th/Quivira, the street nearest the proposed Target, would be so congested that NO amount of additional turn lanes would improve traffic flow. The Traffic Impact Study states: "There appear to be no practical improvements at this intersection to reach the adopted LOS (Level of Service) D threshold. (D is the lowest standard allow--with A being the best.) (P. 7, Traffic Impact Study).

   To access the Feb 2004, Traffic Impact Study, Target, 97th Street East of Quivira Road, Overland Park, Kansas: www.opkansas.org Click on "site index" at bottom of page, click on "Target Store, Proposed." Once at the Target site: click on "Traffic Impact Study."

4. The intersection of Quivira and 95th, near the proposed Target, has the second worst accident rate out of 43 top intersections for accidents in Overland Park. The 2002 Accident Report shows that Quivira/95th ranked number two in worst accident rates--with 43 accidents occurring in 2002. This was only topped by Blue Valley Parkway/119th with 78 accidents. (2002 Accident Report, Annual. To view this entire report: www.opkansas.org Click on "site index" at bottom of page. Click on "Accident Report.") A big box store like Target--which will add 8,762 additional trips in this area can only make matters worse.

5. The R-2 Zoning for residential homes south of the proposed Target is incorrect and misleading. At one time, only a single row of homes was proposed for duplexes and given an R-2 zoning. However, all of the planned duplex areas have since developed as single family residential homes (R-1). Only 4 lots remain R-2, duplexes. The majority of all land use abutting the proposed Target to the south is R-1. (This information was verified by the Johnson County Assessor's Office.) This makes a huge difference because single family homes require more stringent land use transitions next to them.

Conclusion:

Target does not belong here. Offices or mixed-use residential are acceptable uses and supported by all Overland Park planning documents.

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