Focus Area: Economy, Community Development
Staff Contact: Nathan Jurey, Senior Planner
Subject: RZ25-0009: Rezoning for Lone Elm Townhomes; Owner: New Bedford Land Development; Applicant: Curtis Holland, Polsinelli PC
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Consideration of RZ25-0009, requesting approval of a rezoning from the NC (Neighborhood Center) District to the R-3 (Residential Low-Density Multifamily) District for Lone Elm Townhomes, located northeast of W. 119th Street and S. Lone Elm Road. Planning Commission recommends denial 5 to 0.
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Summary:
The applicant is requesting a rezoning from the NC (Neighborhood Center) District to the R-3 (Residential Low-Density Multifamily) District for Lone Elm Townhomes. The subject 7.77-acre property is located at the northeast corner of W. 119th Street and S. Lone Elm Road. The proposed development includes 10 townhome buildings with a total of 71 dwelling units at a density of 9.1 units per acre.
The property was rezoned to the NC (Neighborhood Center) District in 2005 and the associated preliminary site development plan was approved for a mixed-use development with nearly 60,000 sq. ft. of first-floor neighborhood commercial and 19 second-floor dwelling units. The intent of the NC District is to allow for a walkable development with predominantly small-scale commercial uses and limited residential uses.
As reflected in staff’s analysis in the Planning Commission Packet, the requested downzoning fails to meet several Golden Criteria, including conformance with the Comprehensive Plan (PlanOlathe) and suitability of the property for development. The PlanOlathe Future Land Use Map designates this site as Mixed Density Residential Neighborhood, which typically includes a mix of housing types but encourages ‘true mixed-use development.’ In addition, PlanOlathe encourages Mixed-Use Neighborhoods (LUCC 4.1) and Complete Neighborhoods (HN-2.2). Lastly, PlanOlathe calls for a Balance of Jobs and Housing (ES-2.1), and the requested downzoning reduces the amount of commercial zoning in an area of Olathe that currently has limited commercial options.
The suitability of this site for commercial development will increase with the completion of the 119th Street Extension project. This project is underway and will connect 119th Street over the BNSF Railroad, significantly changing regional traffic patterns. The request would downzone property away from commercial before the impact of the 119th Street Extension project is fully realized.
The preliminary site development plan was included in the attached Planning Commission Packet at the request of the applicant. However, if the rezoning is denied the associated plan automatically fails as the land use shown on the plan would not be permitted in accordance with the existing NC District.
The Planning Commission held a public hearing on December 8, 2025. The applicant provided a presentation and four (4) individuals spoke during the public hearing, expressing that they opposed the rezoning as summarized in the attached Planning Commission Minutes. Public correspondence received before the public hearing is also included in the Planning Commission Packet. Staff recommends denial of the application, and after discussion, the Planning Commission voted 5-0 to recommend denial of RZ25-0009.
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Financial Impact:
None.
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Action Needed:
1. Deny the rezoning request from the NC District to the R-3 District as recommended by the Planning Commission (4 positive votes required).
2. Overturn the Planning Commission’s recommendation for denial and approve the rezoning request (5 positive votes required).
3. Return the rezoning application to the Planning Commission for further consideration with a statement specifying the basis for the Governing Body’s failure to approve or disapprove (4 positive votes required).
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Attachment(s):
A. Planning Commission Packet
B. Planning Commission Minutes