ORDINANCE NO. Z REZONING NO

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1 ORDINANCE NO. Z REZONING NO AN ORDINANCE RELATING TO ZONING: AMENDING CERTAIN ZONING REGULATIONS SHOWN ON SHEET NO. 29 OF THE ZONING DISTRICT MAP INCORPORATED BY REFERENCE BY OVERLAND PARK MUNICIPAL CODE SECTION ; AMENDING OVERLAND PARK MUNICIPAL CODE SECTION , AND REPEALING THE SAME. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OVERLAND PARK, KANSAS: Section 1. Amendment of Zoning District Map. The zoning district boundaries set forth on the Zoning District Map, Sheet No. 29, of the City of Overland Park, Kansas, incorporated by reference in the Overland Park Municipal Code, Section , are hereby amended with respect to the following described real property, to-wit: Legal Description: All that part of the NE 1/4 of Section 14, Township 13, Range 24, in the City of Overland Park, Johnson County, Kansas, more particularly described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 14, Township 13 South, Range 24 East; thence N E, along the North line of the Northeast Quarter of said Section 14, a distance of feet to a point; thence S E, a distance of feet to the point of intersection of the South right-of-way line of College Boulevard, as established by CityPlace, First Plat, a subdivision in the City of Overland Park, Johnson County, Kansas, and the West right-of-way line of U.S. 69 Highway, as established in District Court Case 32738, the POINT OF BEGINNING; thence S E, along the West right-of-way line of said US 69 Highway and its Easterly extension, a distance of feet; thence N E, along the South right-of-way line of College Blvd, as now established, a distance of feet; thence S E, a distance of feet; thence S E, a distance of feet; thence S E, a distance of feet; thence S E, a distance of feet, to a point on the West right-of-way line of U.S. Highway, as established in Book 169, at Page 238 in the Register of Deeds office, in Johnson County Kansas, said point is also on a curve; thence Northwesterly along said West right-of-way line being a curve to the left, having an initial tangent bearing of N W, a radius of feet, a central angle of , and an arc length of 8.22 feet, to a point on the Northeast corner of a right-of-way dedication recorded in Condemnation Case CV00713, in Book , at Page , said point also being on a non-tangent curve; thence in a Southeasterly direction, continuing along said East line and along a curve to the right, whose initial tangent bears S E, having a radius of feet, through a central angle of , an arc length of feet to a point of tangency; thence S

2 E, continuing along said East line, a distance of feet to a point on the North right-of-way line of 113th Street, as established by said CityPlace, First Plat, said point also lying on a non-tangent curve; thence in a Northwesterly direction, departing said East line, along the North right-of-way line of said 113th Street, along a curve to the left, whose initial tangent bears N W, having a radius of feet, through a central angle of , an arc length of feet to a point of tangency; thence S W, continuing along the North right-of-way line of said 113th Street, a distance of feet to a point; thence N W, continuing along the North right-of-way line of said 113th Street, a distance of feet to a point on the East rightof-way line of Switzer Road, as established in said CityPlace, First Plat; thence N W, continuing along the East right-of-way line of said Switzer Road, a distance of feet to a point; thence N W, continuing along the East right-of-way line of said Switzer Road, a distance of to a point on a non-tangent curve; thence in a Northerly direction, continuing along the East right-of-way line of said Switzer Road, along a curve to the right, whose initial tangent bears N W, having a radius of feet, through a central angle of , an arc length of feet to a point of compound curvature; thence in a Northerly direction, continuing along the East right-of-way line of said Switzer Road, along a curve to the right, having a radius of feet, through a central angle of , an arc length of feet to a point of tangency; thence N E, continuing along the East right-of-way line of said Switzer Road, a distance of feet to a point of curvature; thence in a Northerly direction, continuing along the East right-of-way line of said Switzer Road, along a curve to the left, having a radius of feet, through a central angle of , an arc length of feet to a point of tangency; thence N W, continuing along the East right-of-way line of said Switzer Road, a distance of to a point; thence N E, continuing along the East right-of-way line of said Switzer Road, a distance of feet to a point on the South right-of-way line of said College Boulevard; thence N E, along the South right-of-way line of said College Boulevard, a distance of feet, to the POINT OF BEGINNING, containing 700,155 Square Feet or Acres, more or less. The real property hereinabove described shall hereafter be deemed zoned and classified as CP-O, Planned Office Business District. The Zoning District Map, Sheet No. 29 is hereby ordered to be changed to reflect such amendment. Section 2. Stipulations and Conditions. The rezoning granted in Section 1 of this ordinance is hereby made contingent upon the performance and observance of the following regulations, stipulations, conditions, and restrictions, to-wit: 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 2

3 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. Development of the site shall be limited to 285,470 square feet. Modifications to the plan and proposed square-footage may be allowed per Section of the Unified Development Ordinance. c. Prior to the issuance of a building permit, the property shall be preliminary and final platted. d. Prior to the submittal of a building permit, the Planning Commission shall approve final development plans. e. Prior to the issuance of a certificate of occupancy, all roof-top and groundmounted mechanical equipment shall be screened from view with an architectural treatment that is compatible with the building architecture. f. Prior to publication of the rezoning ordinance, the owner and/or developer shall submit (either) $679,133 cash (285,470 office square-footage times 2.379) (or an Irrevocable Letter of Credit meeting the requirements of City policy in effect at the time of payment, for a term of one-year. Irrevocable Letters of Credit are not renewable and may be redeemed at any time prior to the end of the one-year term.) Said cash (or Irrevocable Letter of Credit) shall be deposited with the Chief Financial Officer for the City of Overland Park. The funds collected shall be placed in an escrow account set aside for future unspecified transportation planning, design, construction or implementation, and operations in the corridor defined as containing College Boulevard and extending north to 103rd Street, east to Antioch Road, south to 119th Street, and west to Quivira Road. Said work shall be above and beyond that listed in other stipulations to this rezoning. In lieu of submission of the total amount of payment for unspecified transportation improvements, the owner or developer may submit partial payments, in cash, prior to the issuance of building permits for each phase of development, at a rate of $2.379 per square-foot of gross building floor area. g. The applicant agrees to rescind Rezonings and , which were never published. h. A sidewalk shall be constructed along the applicant s College Boulevard frontage. 3

4 i. All internal crosswalks shall be constructed of a change in pavement or color from adjacent material. j. All islands in the parking structure shall be curbed. No striping of parking lot islands is permitted. k. The number, location and geometrics of all driveways and parking areas are subject to review and approval by the Planning and Development Services Department. l. Concurrent with the submittal of construction plans for a site development or building permit, whichever comes first, the applicant shall provide a Final Stormwater Management Study that address any outstanding items from the Revised Preliminary Stormwater Management Study and includes any design changes. m. Concurrent with the submittal of construction plans for a site development or building permit, whichever comes first, stormwater treatment facility plans shall be submitted for review and approval. n. 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. o. Prior to the issuance of a site development or building permit, whichever comes first, the owner/developer shall submit a covenant to maintain private parking facilities agreement for review and approval by the Engineering Services Division. The covenant to maintain private parking facilities 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. p. Prior to 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 ). Non-compliant pedestrian routes shall be clearly identified on the plans and comply with the building code. 4

5 q. Prior to a certificate of occupancy, the existing south and east concrete drive entrances on Switzer Road shall be reconstructed. r. 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. s. 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. Section 3. The Zoning District Map for the City of Overland Park, Kansas, is hereby amended by this ordinance, Ordinance No. Z-3986, said amendment being incorporated by reference pursuant to Section which is amended to read as follows: Zoning District Map The boundaries of the zoning districts enumerated in Section and in Article 7 of the Johnson County, Kansas, Zoning & Subdivision Regulations adopted herein shall be shown on a map officially designated as the Zoning District Map, which map is hereby incorporated by reference. Such "Zoning District Map" shall be marked "official copy of zoning district map incorporated into the zoning regulations by adoption of a zoning ordinance by the Governing Body of the City on the 1st day of April, 2019," and shall be filed in the office of the Director of Planning and Development Services of the City of Overland Park, Kansas, to be open to inspection and available to the public at all reasonable business hours. Ordinances amending the boundaries of zoning districts shall order the "Zoning District Map" to be changed to reflect such amendment, shall amend this Section , and shall reincorporate such "Zoning District Map" as amended. Section 4. All zoning ordinances or provisions of the City of Overland Park, Kansas, otherwise limiting the use of the above described real property and inconsistent with this ordinance are hereby repealed. Further, Overland Park Municipal Code, Section , is hereby repealed to allow for amendment to the Zoning District Map as set forth hereinabove. Section 5. Take Effect. This ordinance shall take effect and be in force as of the date of its passage, approval and publication as provided by law. [Remainder of Page Intentionally Left Blank] 5

6 PASSED by the City Council this 1st day of April, APPROVED by the Mayor this 1st day of April, CITY OF OVERLAND PARK, KANSAS By: (s) Carl Gerlach Carl Gerlach Mayor (SEAL) ATTEST: APPROVED AS TO FORM: By: (s) Elizabeth Kelley Elizabeth Kelley City Clerk By: (s) Stephen B. Horner Stephen B. Horner Senior Assistant City Attorney 6

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