The protracted battle over the future of the Mission Valley Middle School site appears to have come to an end.
Representatives from Tutera Senior Living and the Mission Valley Neighbors Association on Monday told the Prairie Village City Council they had reached a settlement agreement on the legal challenge neighbors mounted against the project approved by the city council in January 2014. Under the agreement brokered over the past several months, the neighbors agree not to challenge a new plan for the site that removes the skilled nursing facility and expands residential development. (Details on that plan, which Tutera presented to the city council in April, can be found here).
Mike Flanagan, general counsel for Tutera, noted that the agreement included a restrictive covenant that would prevent the operation of a skilled nursing facility on the grounds as part of the new plan or in the future.
“This would close out once and for all the issue of whether there would ever be skilled nursing facilities on that property,” he said.
Brian Doerr, who serves as a spokesperson for the MVNA, said the group had obtained consent to the deal from 46 of the 47 plaintiffs in the legal case, and that they didn’t anticipate trouble getting approval from the final plaintiff.
The parties told the city council that their deal was contingent on the city council extending the Special Use Permit granted for the project until a SUP for the new project is approved. The council voted 10-1 to extend the SUP, with councilor David Morrison the lone dissenting vote.
“I’m not willing to sign off on something that’s not the optimal use for the site,” Morrison said, noting that a school site is likely to be needed in the area in the coming years .”They’re basically settling here, quite literally, for the next best thing.”
Tutera Senior Living President Randy Bloom said the company plans to submit new plans to the city for Planning Commission review by early September with a target hearing date for no later than December.