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Record of Proceedings

Olathe Planning Commission Meeting – October 12, 2026: Heritage Park Rezoning Approved 4-3

City Council — Monday, October 12, 2026
BodyOlathe, Kansas
SessionCity Council
DateMonday, October 12, 2026
StatusFILED
Video Record
0:00 / 1:54:39

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:02

Like to call tonight's meeting to order.

0:04

Please join me in the Pledge of Allegiance.

Unassigned speaker

0:09

I

Speaker 2

0:09

Pledge Pledge of Allegiance.

0:18

Under Individual Justice.

Unassigned speaker

0:30

Well,

Speaker 1

0:31

as we begin our meeting tonight, I'll take a moment to acknowledge that we have a quorum of planning commissioners present with six out of nine.

0:37

Commissioner Breen and Corkran are not able to be here tonight.

0:40

I fully expect Commissioner Bergida to become, he has traffic problems sometimes on the way here.

0:46

So either way, we're good.

0:47

We have a quorum

Unassigned speaker

0:48

and

Speaker 1

0:48

we'll move forward.

0:49

I want to thank everyone in the chamber for attending tonight and those that are watching online.

0:54

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

1:03

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

1:06

That applies to every person in attendance.

1:08

We strive to produce an atmosphere where the ideas and opinions of all participants are held in the highest regard.

1:15

Finally, it's important to know that the actions and the issues that we discuss are ultimately under the responsibility of the city council.

1:22

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.

1:30

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

1:37

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

1:49

We'll now move on to the consent agenda.

1:51

And this evening we have three items on our consent agenda.

1:54

So the consent agenda items are listed as and are considered routine by the planning commission and may be improved or approved in one motion.

2:03

There's no public hearing held for the items on the consent agenda, and there will be no discussion unless a commissioner would like to have an item removed from the consent agenda and considered separately.

2:14

Saying that, Commissioners,

Unassigned speaker

2:16

do

Speaker 1

2:16

you plan to pull any items for additional information from staff?

2:23

Welcome, Commissioner Brigitte.

2:26

Um, uh may I have a motion on the consent agenda.

Speaker 3

2:33

So move to Chairman.

Speaker 1

2:35

Thank you, Commissioner Tronis.

2:36

Do I have a second?

2:38

Second.

Unassigned speaker

2:39

Thank

Speaker 1

2:39

you, Commissioner Brown.

2:40

All those in favor say aye.

2:41

Aye.

2:42

Opposed, nay.

2:43

That motion passes seven to zero.

Unassigned speaker

2:46

So

Speaker 1

2:46

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

2:51

And this evening we have one scheduled public hearing, which I assume is why most of you came here this evening.

2:56

Welcome.

2:57

Public hearing this evening is a request for the approval of a rezoning and preliminary site development for residents at Heritage Park, which is located northwest of 159th and Flum.

Unassigned speaker

3:07

Ms.

Speaker 1

3:08

Schuler is here tonight to present the case.

Speaker 4

3:14

Good evening, Commissioners.

3:15

Jessica Schuler, senior planner.

Unassigned speaker

3:17

Um,

Speaker 4

3:18

and as introduced, tonight's request is for a rezoning and preliminary site development plan for the residences at Heritage Park.

Unassigned speaker

3:26

Uh

Speaker 4

3:26

the site is located between 151st and 159th Streets and west of Flum Road.

Unassigned speaker

3:32

Um,

Speaker 4

3:32

the single family neighborhoods of the reserve at Heritage and Symphony of the Reserve are directly to the west.

3:39

To the north is commercial zoning, where Chinmaya Mission is currently under construction.

3:44

To the east are business park uses and the Johnson County Executive Airport.

3:49

Um, and to the south is undeveloped property, also zoned to the business park district.

3:54

This property has been zoned BP business park since 2000, and the existing residential home central to the property there retains county rural zoning.

Discussion Breakdown — Share of Meeting
Land Use Planning█████████████████████████████████████████████51%
Transportation Safety███████████13%
Stormwater Management████████9%
Procedural███████8%
Affordable Housing███████8%
Public Safety████4%
Public Engagement███3%
Economic Development██2%
Education██2%
Summary of Proceedings

Olathe Planning Commission Meeting – October 12, 2026

The Olathe Planning Commission held a public hearing and voted on a rezoning and preliminary site development plan for the Residences at Heritage Park, a 476-unit apartment complex at the northwest corner of 159th and Flum Road. After hearing extensive public testimony and deliberating, the commission voted 4-3 to recommend approval to the City Council, reversing an initial failed motion to deny.

Consent Calendar

  • Three routine items were approved by a unanimous voice vote (7-0). No items were pulled for separate discussion.

Public Comments & Testimony

Over a dozen residents spoke, primarily in opposition. Key speaker positions included:

  • Joseph Maxwell (157th & Whitmer) – Opposed the height of Building Two (50 feet) as detrimental to nearby single-family homes; requested reducing it to two stories.
  • Chris Hale (15718 S. Whitmer) – Supported the project as an upscale complement to the neighborhood, boosting tax base and possibly spurring road improvements.
  • Nick McDonnell (15808 S. Whitmer) – Requested denial, arguing the project exceeds Elevate Olathe's goals, lacks affordability, and creates abrupt density transition.
  • Ashley Gunn (1557 S. Woodmore) – Opposed R4 zoning; cited compatibility, stormwater, traffic, and crime concerns.
  • Cody Harms (13737 W. 157th Terrace) – Opposed due to scale (476 units), comparing it to smaller recent approvals.
  • Megan Indress (Nottingham at Heritage Park) – Raised traffic safety issues on Flum Road and the 159th roundabout; requested lower-density townhomes instead.
  • Deanna Miller (15579 S. Whitmer) – Opposed; asked for independent property value impact analysis.
  • Aaron Hill (15393 S. Gallery) – Raised stormwater drainage concerns, claiming runoff would be directed to adjacent properties.
  • David Dixon (same area) – Emphasized stormwater discharge at northwest corner and safety at the trail crossing.
  • MJ Patterson (Village R South HOA) – Opposed; cited school enrollment decline, traffic, and potential H1B visa demographic shifts.
  • Carrie DeMeo (Chapel Hill) – Opposed; noted existing traffic dangers on Flum and lack of expansion plans.
  • Christopher Hakeem (15595 S. Whitmer) – Stated strong opposition due to congestion.
  • Richard Rinozo (nearby resident) – Raised concern about field mice migration from disturbed land.

Discussion Items

  • Staff Presentation (Jessica Schuler): The site is currently zoned BP (Business Park) and County RUR; rezoning to R-4 (Medium Density Multifamily) reduces permitted height from 144 ft to 50 ft (with 6-ft parapets allowed). The preliminary plan includes 7 four-story buildings, 476 units (18.83 du/ac under the 22 du/ac max), amenity area, and two requested waivers (garage door treatment and landscape buffer reduction to north). Traffic study shows 25% reduction in peak-hour trips compared to BP use. Neighborhood meeting (Aug 25) with ~78 residents led to plan revisions (dog park removal, added berming, tree preservation). Staff recommended approval.
  • Applicant Presentation (Judd Clausen, Phelps Engineering): Representing Rod Rock Development, a multigenerational local builder. Emphasized alignment with Elevate Olathe, high-quality materials, intentional building orientation to minimize visual impact, and robust amenities. Addressed neighbor concerns and site plan changes.
  • Commissioner Questions:
    • Commissioner Chapman questioned traffic capacity on Flum Road (current 10,500 vpd, capacity ~16,000; no CIP for widening). Traffic engineer Chet Belcher confirmed design for left-turn lanes similar to other projects.
    • Commissioner Lynn inquired about pipeline easement; applicant confirmed setbacks.
    • Commissioner Bergida asked about alternative housing types (R1, townhomes); applicant stated R4 best fits comprehensive plan.
    • Commissioner Chapman later noted development is ahead of infrastructure.
  • Commissioner Comments: Several commissioners expressed concerns about character, density, and compatibility with existing single-family homes. Commissioner Bergida and Chapman voted for denial.

Key Outcomes

  • Motion to Deny (by Commissioner Bergida): Failed 2-5 (Bergida and Chapman voting yes; Sealing, Lynn, Tronis, Brown, Janner voting no).
  • Motion to Table (by Commissioner ???): Lacked a second, not considered.
  • Motion to Approve (by Commissioner Sealing, seconded by Commissioner Tronis): Passed 4-3 (Commissioners Sealing, Lynn, Tronis, Janner in favor; Brown, Bergida, Chapman opposed). The recommendation will be forwarded to the Olathe City Council for final decision.
  • The commission’s vote is a recommendation; final approval rests with the City Council.

Meeting Transcript

Like to call tonight's meeting to order. Please join me in the Pledge of Allegiance. I Pledge Pledge of Allegiance. Under Individual Justice. Well, as we begin our meeting tonight, I'll take a moment to acknowledge that we have a quorum of planning commissioners present with six out of nine. Commissioner Breen and Corkran are not able to be here tonight. I fully expect Commissioner Bergida to become, he has traffic problems sometimes on the way here. So either way, we're good. We have a quorum and we'll move forward. I want to thank everyone in the chamber for attending tonight and those that are watching online. Planning commission meetings are an important part of the process for interpreting and applying the city's comprehensive plan and the unified development ordinance. It's important that our meetings are conducted with dignity and respect. That applies to every person in attendance. We strive to produce an atmosphere where the ideas and opinions of all participants are held in the highest regard. Finally, it's important to know that the actions and the issues that 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, planning commission strives not to engage with any party on the issues on the agenda prior to this meeting this evening. Should that interaction take place as a result of a business relationship or other interaction, which we refer to as ex parte communication, commissioners will report that interaction when we reach that item in the agenda. We'll now move on to the consent agenda. And this evening we have three items on our consent agenda. So the consent agenda items are listed as and are considered routine by the planning commission and may be improved or approved in one motion. There's no public hearing held for the items on the consent agenda, and there will be no discussion unless a commissioner would like to have an item removed from the consent agenda and considered separately. Saying that, Commissioners, do you plan to pull any items for additional information from staff? Welcome, Commissioner Brigitte. Um, uh may I have a motion on the consent agenda. So move to Chairman. Thank you, Commissioner Tronis. Do I have a second? Second. Thank you, Commissioner Brown. All those in favor say aye. Aye. Opposed, nay. That motion passes seven to zero. So we'll now move on to our regular agenda and our public hearing. And this evening we have one scheduled public hearing, which I assume is why most of you came here this evening. Welcome. Public hearing this evening is a request for the approval of a rezoning and preliminary site development for residents at Heritage Park, which is located northwest of 159th and Flum. Ms. Schuler is here tonight to present the case. Good evening, Commissioners. Jessica Schuler, senior planner.

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