Error sends Brookridge project back to planning commission for new public hearing

A notification error related to the Brookridge redevelopment proposal has set the much anticipated project back a notch.

The upscale mixed-use redevelopment, which will feature 5.9 million square feet of retail, office space and multi-family units, is intended to replace the Brookridge Golf & Fitness Club at the northeast corner of Interstate 435 and Antioch Road in Overland Park.

At its meeting on July 13, the city Planning Commission approved rezoning to allow the redevelopment after a long and contentious public hearing.

Overland Park officials, however, recently determined that the developer, Curtin Property Company, had not properly notified all the surrounding property owners.

So, the error invalidates the Overland Park Planning Commission’s approval, said Jack Messer, the city’s director of planning and development.

Whenever there is a request to rezone property, Kansas state law specifically requires written notification of all property owners within 200 feet of the project’s property, he said.

Curtin Property Co. will redo the notification and the Planning Commission will conduct a new public hearing for the project its meeting on Aug. 24.

“As I understand from our legal team, there was a minor, technical off-site notification question with various ways to proceed,” Grant Curtin, the financial analyst for Curtin Property Co., said in an e-mail to The Star. “Our thoughts are that while quicker ways to resolve the question that was raised may exist, in the long run — we want everything to have unquestionable clarity due to the scale of the project.”

He added that most, but not all, matters in the zoning and entitlement process are completely clear by statue or case law, but when an issue arises with different opinions or questions, the development team prefers consensus with all parties involved with the process.

“Simply repeating the notification process and public hearing is the surest way to address and resolve these kinds of matters for both our development team and for the city,” he said. “While this does add some time to the overall rezoning process, the good news is we continue to move forward on many other processes in the course of development.”

City staff expects that the previous record of proceedings will be entered into the record at the new public hearing. There are no expected changes to the proposed project.

Public comment will be allowed at the Aug. 24 meeting. The city council is tentatively scheduled to consider the project at its meeting on Sept. 21.

This latest hiccup comes after a tumultuous beginning for the Brookridge project.

The proposal has gone before the Planning Commission three times already.

At numerous public hearings, dozens of residents living nearby have passionately opposed the project, which they say is too dense and inappropriate for the neighborhood.

The plan calls for 2.2 million square feet of office space. It also features more than 300,000 square feet of retail, around 2,000 multi-family units, a 650-seat movie theater, a 3,500 seat indoor performance venue, and a 550-room hotel. The project also features a large park along Indian Creek.

It will take approximately 20 years to complete.

City staff has also recommended denial of the project, with a main reason being it relies on traffic improvements requiring ownership of property along Antioch Road not yet under the developer’s control.

In addition to the upcoming Planning Commission and City Council meetings, city staff is considering an educational work session presentation to the city council on technical matters related to the proposed project, such as traffic and stormwater, to be held prior to Sept. 21.

No public comments or presentations by the public or developer would be accepted at the work session.

This story was originally published July 28, 2015 at 7:47 AM with the headline "Error sends Brookridge project back to planning commission for new public hearing."