Planning Commission Meeting on 2024-07-22

The Olathe Planning Commission met on July 22, 2024, at 1:00 PM to consider a consent agenda and a public hearing for a major rezoning and preliminary site development plan for Park 169, a 247-acre mixed-use development northeast of 167th Street and U.S. 169 Highway. The meeting included public comments from four residents opposing the plan, extensive staff presentations, and commissioner discussion. The commission voted 7-1 to approve the rezoning and preliminary plan as recommended by staff.

Consent Calendar

• Items A, C, D, and E were approved unanimously (8-0).
• Item B (Capital Improvement Plan) was continued to the next Planning Commission meeting on August 12, 2024, by an 8-0 vote.

Public Comments & Testimony

• Tom Stallnecker (Heather Ridge resident, 24 years) opposed the rezoning, citing the comprehensive plan’s designation for employment areas with office and retail, not M-2 General Industrial. He argued that once rezoned, the city loses control over uses, that the only access (159th Street) is already congested, and that the 1.5 million square feet of industrial and 700+ residential units would share a single road, creating safety and traffic issues. He noted that all 700 units would be rentals, and that the proposed flex-tech uses are not a zoning category.
• Leo Brewer (neighboring resident) expressed concerns about drainage runoff during construction, construction traffic, and the existing congestion on 159th Street, noting that trucks already use that route to U.S. 69. He also mentioned that the proposed flyover at 167th Street is not scheduled until 2030 and that there is no direct access to U.S. 169 from the site.
• Vanessa Harrington (Heather Ridge resident, 8 years) opposed the plan due to congestion, safety, and quality of life. She highlighted the proximity of industrial buildings to a school and park, the addition of over 1,200 people, insufficient green space, and potential negative impacts on property values. She called the plan a “land grab” prioritizing profits over people.
• Nathan Jones (representing Madison Place HOA) expressed opposition, stating that the developer did not engage with the community after a meeting in April, that the plan inadequately addresses environmental concerns (water runoff, wildlife displacement), and that traffic infrastructure is already insufficient. He noted that the developer said there would be “no pollution,” which he found unrealistic. He suggested a mixed-use development with offices or retail instead.

Discussion Items

• Staff Presentation (Jessica Schuler, Senior Planner): The proposed development includes 13 speculative industrial buildings (62,000–264,000 sq ft) in the M-2 district, with R-3 (townhomes and apartments), R-2 (duplexes), and R-1 (single-family) districts. Staff recommended prohibiting certain intense uses (e.g., outdoor storage, heavy manufacturing) due to residential adjacency. A 3-foot minimum landscape berm with trees is required. Phasing requires improvements to 167th Street to Barker Road by phase three. A traffic signal at 159th and Barker and off-site improvements at 159th and U.S. 169 are planned. One waiver for glass percentage on industrial side elevations (11-13% instead of 15%) was supported by staff.
• Commissioner Questions:
  • Commissioner Creighton asked about buffering/berm height (minimum 3 ft with landscaping) and tree preservation. Chief Development Engineer Charlie Love confirmed that truck traffic cannot be restricted within a mile of a K-DOT highway, but the traffic study assumes trucks will primarily use U.S. 169. An updated traffic study is required with each phase.
  • Commissioner Lynn asked about other examples of collector roads shared by industrial and residential. Staff cited examples such as 119th and Ridgeview, and noted that Barker Road will be a three-lane collector.
  • Commissioner Bergida asked about the practical difference between light industrial (M-1) and general industrial (M-2). Staff explained that M-2 allows slightly more manufacturing uses, but staff vetted and prohibited many nuisance uses. The applicant clarified that the “flex-tech” buildings are a product type, not a zoning category, and that the single-family lots are intended for sale (priced around $400,000) but market conditions may change.
• Public Hearing Closed: Motion passed 8-0.

Key Outcomes

• Motion to Approve RZ24-0005 as Stipulated by Staff: Moved by Commissioner Tronis, seconded by Commissioner Breen. A friendly amendment by Commissioner Bergida to change M-2 zoning to M-1 (light industrial) failed to receive a second. After further discussion on traffic impacts, a roll call vote was taken. The motion passed 7-1 (Commissioner Lynn voted no). The rezoning and preliminary site development plan for Park 169 are approved.
• Next Steps: The item will be forwarded to the Olathe City Council for final decision. The Capital Improvement Plan discussion is continued to the August 12, 2024, Planning Commission meeting.