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Record of Proceedings

Planning Commission Meeting - August 26, 2024: Olatha Commons Rezoning Approved

City Council — Monday, August 26, 2024
BodyOlathe, Kansas
SessionCity Council
DateMonday, August 26, 2024
StatusFILED
Video Record
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Transcript — Verbatim
0:05

I'd like to call this evening's meeting to order.

0:10

Take a moment and join with me in the Pledge of Allegiance, please.

0:16

I pledge individual liberty and as we begin our meeting this evening.

0:36

I'll take a moment to acknowledge that we have a quorum of planning commissioners present with eight of nine commissioners in attendance.

0:42

Commissioner Toronis is unable to be with us this evening.

0:51

Planning commission meetings are an important part of the process for interpreting and applying the city's comprehensive plan and unified development ordinance.

0:59

It's important that our meetings are conducted with dignity and respect.

1:03

That applies to every person in attendance.

1:05

And we strive to provide an atmosphere where the ideas and opinions of all participants are held in the highest regard.

1:12

Finally, the actions on the issues we discuss are ultimately under the responsibility of the city council.

1:18

As a planning commission, we're here to help the council as our elected representatives to be fully informed to make the best choices for our city.

1:26

By statute, the planning commission strives not to engage with any party on the issues on our agenda prior to our meeting.

1:34

Should that interaction take place as a result of a business relationship or any other interaction, which is referred to as ex parte communication, commissioners will report that interaction when we reach that item on the agenda.

1:48

We'll now move on to the consent agenda.

1:52

And this evening we have one item on the consent agenda, which is our minutes from last meeting.

1:59

Commissioners, do you need any discussion on this item?

2:04

As anticipated, no.

2:05

So I'll call for a motion on the item.

2:07

Do I have a motion on the consent agenda?

2:09

Mr.

2:09

Chair, I'll move to approve the consent agenda.

2:12

Thank you, Commissioner Breen.

2:13

Do I have a second?

2:14

Second.

2:14

Thank you, Commissioner Chapman.

2:16

We'll do a voice vote.

2:17

All those in favor say aye.

2:19

Aye.

2:20

All opposed.

2:21

That motion passes 8 to 0.

2:25

We'll move on to our regular agenda and our public hearing.

2:28

And tonight we do have one scheduled public hearing.

2:32

Public hearing is a request for approval of rezoning and a preliminary site development plan for Olatha Commons, which is located at the southwest of 119th and Greenwood Street.

2:43

Mr.

2:44

Jury is with us and we'll present the case.

2:48

Thank you, Chair Janner.

2:49

Planning Commission.

2:56

Good evening.

2:57

Nathan Jury, Senior Planner.

2:59

Before you tonight is the rezoning application for Olatha Commons with a revised preliminary site development plan that was continued from the July 8th Planning Commission at the request of the applicant.

3:13

The subject 23 acre property in red is generally southeast of 119th and Black Bob, directly east of Olatha Point Shopping Center, which most notably probably probably includes Whole Foods in that area.

3:30

The site does include uh C2 commercial zoning as well as RP3 and RP4 residential, which are low density and medium density residential zoning districts.

3:43

The site does abut single family homes to the east as well as the south.

3:48

Um to the north, the existing church and the undeveloped C2 zoned property will remain as is.

3:57

The developer is requesting to rezone to the R3 district, which does allow both single and multifamily buildings.

4:13

So this request is largely just asking to go back to that original residential status back prior to 2019.

4:23

The plan Olatha future land use map does designate the majority of this property as a mixed density residential neighborhood with just the northwest corner as a neighborhood commercial center.

4:37

The requested R3 district does directly align with that mixed density neighborhood designation.

4:44

Furthermore, the uh proposal does achieve several goals of Plan Olatha.

4:49

Um it does provide housing near uh commercial services.

4:53

Uh it also creates a compatible transition between the abutting more intense commercial uses as well uh to the single family uses to the east and south.

5:05

Additionally, the applicant has agreed to a stipulation regarding density and building height to ensure compatibility is maintained between these uses.

5:16

Lastly, the project does fill a gap in housing choice, often referred to as the missing middle.

5:24

This term does refer to a range of housing choices whose density lies between the more common single family and the more denser mid-rise apartments that are found in Alatha.

5:39

In particular, this development, which you'll see here in a second, is proposing the middle of the middle housing.

5:56

And this will fill a gap and also achieve some the uh sorry, will help achieve the Olatha 24 strategic plan goals to diversify housing choices.

6:14

The developer is proposing a 214 unit rental community with maintenance provided throughout.

6:20

This will be built in a single phase with a density of nine units per acre, which complies with a maximum of 12 units per acre allowed in the R3 district.

6:30

The project does include 10 uh single family homes with a one-car garage along the north to the east as well as the south.

6:40

They are providing 50 walk-up or cottage court single family units with head-in parking along the front of those homes.

Discussion Breakdown — Share of Meeting
Land Use Planning█████████████████████████████████████████████59%
Procedural█████████12%
Affordable Housing████████10%
Community Engagement███████9%
Transportation Safety███4%
Public Engagement██3%
Engineering And Infrastructure██2%
Stormwater Management█1%
Summary of Proceedings

Planning Commission Meeting - August 26, 2024

The Olathe Planning Commission held a public hearing and voted unanimously to approve a rezoning and preliminary site development plan for Olatha Commons, a 214-unit rental community proposed for the southwest corner of 119th and Greenwood Street. The project aims to fill the "missing middle" housing gap with cottage-style single-family homes, townhomes, and walk-up units. The commission also approved the consent agenda, which included the minutes from the previous meeting.

Consent Calendar

  • Approved the minutes from the last meeting unanimously (8-0).

Public Comments & Testimony

  • Tom Carney (11918 South Greenwood Street) expressed concerns about street closures (Alcan, Shannon, 120th) previously agreed upon, questioned whether the project is "attainable" vs. "affordable" housing, worried about power line relocation, sidewalk connectivity, density (9 vs. 12 units per acre), inclusion of detention ponds in open space, buffer widths (40 vs. 60 feet), and future development of the adjacent commercial parcel (C2 zoned).
  • Ed Tomasich (12030 South Greenwood Street) raised concerns about density (nine neighbors instead of one or two), inadequate parking for walk-up cottages, pedestrian routes to schools, fire truck access to interior units, tree buffer preservation, and the potential for future sale of units and decline in property values. He noted the development looks like "Section 8 housing" or military base housing.

Discussion Items

  • Staff Presentation: Nathan Jury, Senior Planner, presented the request to rezone 23 acres from C2, RP3, RP4 to R3, allowing up to 12 units per acre (proposed 9 units/acre). The project includes 10 single-family homes, 50 walk-up cottage units, 27 townhome buildings, a clubhouse, pool, dog park, and linear park. Traffic improvements include extensions of 120th Street, turn lanes, and dual northbound turn lane on Shannon Lane. Two waivers requested: one for building setbacks along 120th Street to preserve trees, and one for building material percentages (using more fiber cement siding to achieve farmhouse aesthetic). Staff recommended approval with stipulations on density/height, traffic improvements, waivers, and final plan details.
  • Commissioner Questions:
    • Commissioner Corcoran inquired about street connectivity and private street maintenance. Staff confirmed no public street connections as per previous approvals, and private streets will be maintained by the developer.
    • Commissioner Chapman raised concerns about traffic congestion at the Shannon Lane exit, the lack of street stubs to east and south, and asked about Airbnb restrictions. Applicant stated no Airbnb allowed, single plat, all rental.
    • Commissioner Bergita asked about the zoning history (RP3 vs R3), density reduction from 17 to 9 units/acre, and clarification on whether units would be sold. Applicant confirmed single ownership, no condos.
    • Commissioner Brown asked about 120th Street being a private commercial street; staff confirmed it is private west of Shannon.
    • Commissioner Creighton asked about the term "clustered single family" and impact on schools. Staff noted school district was consulted and requested sidewalks for safe routes to school.
    • Commissioner Creighton also asked about tree preservation enforcement; staff described fencing and inspections.
  • Commissioner Comments: Commissioner Breen praised the plan as high quality. Commissioner Chapman expressed that while the project is an improvement, he sees "attainable housing" as more about homeownership, not just rentals. He noted he would not vote against it but suggested council could address ownership.

Key Outcomes

  • Motion and Vote: Commissioner Breen moved to approve the rezoning and preliminary site development plan (RZ 24-0011) as stipulated by staff. The motion was seconded by Commissioner Corcoran. The commission voted unanimously (8-0) in favor.
  • Next Steps: The item will be heard by the Olathe City Council on September 17, 2024. The developer agreed to all stipulations.
  • Announcements: The Olathe Comprehensive Plan Update ("Elevate Olatha") engagement events were announced, including Old Settlers Festival (August 29-31) and a community meeting on September 18 at the Olathe Community Center.

Meeting Transcript

I'd like to call this evening's meeting to order. Take a moment and join with me in the Pledge of Allegiance, please. I pledge individual liberty and as we begin our meeting this evening. I'll take a moment to acknowledge that we have a quorum of planning commissioners present with eight of nine commissioners in attendance. Commissioner Toronis is unable to be with us this evening. Planning commission meetings are an important part of the process for interpreting and applying the city's comprehensive plan and unified development ordinance. It's important that our meetings are conducted with dignity and respect. That applies to every person in attendance. And we strive to provide an atmosphere where the ideas and opinions of all participants are held in the highest regard. Finally, the actions on the issues we discuss are ultimately under the responsibility of the city council. As a planning commission, we're here to help the council as our elected representatives to be fully informed to make the best choices for our city. By statute, the planning commission strives not to engage with any party on the issues on our agenda prior to our meeting. Should that interaction take place as a result of a business relationship or any other interaction, which is referred to as ex parte communication, commissioners will report that interaction when we reach that item on the agenda. We'll now move on to the consent agenda. And this evening we have one item on the consent agenda, which is our minutes from last meeting. Commissioners, do you need any discussion on this item? As anticipated, no. So I'll call for a motion on the item. Do I have a motion on the consent agenda? Mr. Chair, I'll move to approve the consent agenda. Thank you, Commissioner Breen. Do I have a second? Second. Thank you, Commissioner Chapman. We'll do a voice vote. All those in favor say aye. Aye. All opposed. That motion passes 8 to 0. We'll move on to our regular agenda and our public hearing. And tonight we do have one scheduled public hearing. Public hearing is a request for approval of rezoning and a preliminary site development plan for Olatha Commons, which is located at the southwest of 119th and Greenwood Street. Mr. Jury is with us and we'll present the case. Thank you, Chair Janner. Planning Commission. Good evening. Nathan Jury, Senior Planner. Before you tonight is the rezoning application for Olatha Commons with a revised preliminary site development plan that was continued from the July 8th Planning Commission at the request of the applicant. The subject 23 acre property in red is generally southeast of 119th and Black Bob, directly east of Olatha Point Shopping Center, which most notably probably probably includes Whole Foods in that area. The site does include uh C2 commercial zoning as well as RP3 and RP4 residential, which are low density and medium density residential zoning districts. The site does abut single family homes to the east as well as the south. Um to the north, the existing church and the undeveloped C2 zoned property will remain as is. The developer is requesting to rezone to the R3 district, which does allow both single and multifamily buildings. So this request is largely just asking to go back to that original residential status back prior to 2019. The plan Olatha future land use map does designate the majority of this property as a mixed density residential neighborhood with just the northwest corner as a neighborhood commercial center. The requested R3 district does directly align with that mixed density neighborhood designation. Furthermore, the uh proposal does achieve several goals of Plan Olatha. Um it does provide housing near uh commercial services.

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