Legislation Details

File #: G26-5773   
Type: New Business Status: Agenda Ready
File created: 5/6/2026 In control: City Council
On agenda: 6/2/2026 Final action:
Title: 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.
Staff Contact: Jamie Robichaud, Kim Hollingsworth
Attachments: 1. A. Planning Commission Packet, 2. B. Planning Commission Minutes, 3. C. Applicant-HOA Meeting Minutes, 4. D. Applicant-HOA Letter of Understanding, 5. E. Revised Site Development Plan, 6. F. Applicant Letter to City Council

Focus Area: Economy, Community Development

Staff Contact: Kim Hollingsworth, Planning and Development Manager

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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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RECOMMENDED MOTION(S):

 

1.                     I move to deny the rezoning request from the NC District to the R-3 District as recommended by the Planning Commission [4 positive votes required].

2.                     I move to overturn the Planning Commission’s recommendation for denial and request staff to provide an Ordinance for City Council to review at a future City Council meeting [5 positive votes required].

 

3.                     I move to return the application to the Planning Commission for further consideration [4 positive votes required]

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Summary:

This is a request for a rezoning to the R-3 (Residential Low-Density Multifamily) District for the 7.7 acre property northeast of 119th Street and Lone Elm Road. On December 8, 2025, a public hearing was held for the proposed rezoning for the Lone Elm Townhomes development and the Planning Commission recommended denial of the request by a vote of 5 to 0. The packet and minutes from this meeting are included as Attachments A and B in the agenda packet. 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.

 

On January 6, 2026, the City Council heard the application and after discussion, directed the applicant to pursue the following:

 

a.                     Collaborate with the neighboring residents on a revised plan.

b.                     Consider adding commercial building area to the development plan.

 

On March 3, 2026, the applicant met with nine (9) representatives of The Retreat at Foxfield Village HOA and the Foxfield Master HOA and minutes from this meeting are provided in Attachment C. The applicant and HOA representatives discussed several issues including density, roadway access, landscaping, architectural design, parking and potential HOA membership. It was agreed that all parties would finalize their terms in a joint Letter of Understanding signed by all parties (see Attachment D).

 

After the meeting with HOA representatives, the applicant submitted a revised site development plan to staff (Attachment E), reducing the proposal from 71 to 64 townhome units within 10 two-story buildings and adding a limited (right-in/right-out) access drive along Lone Elm Road. These changes comply with the terms of the Letter of Understanding. Additional details, including the architectural design, landscaping, and parking, would need to be reviewed with a future revised preliminary development plan application.

 

The applicant also submitted a letter to respond to City Council’s direction at the January 6, 2026 meeting (Attachment F). This letter states that the applicant re-evaluated the subject property and continues to find that it is not commercially viable due to limited access (right-in/right-out only) on Lone Elm Road and low traffic volumes at the intersection of 119th Street and Lone Elm Road.

 

In summary, the request to rezone to the R-3 District with a revised preliminary plan is before the City Council for consideration. The applicant revised the preliminary plan to comply with the terms of the joint Letter of Understanding signed by the landowner, developer, and The Retreat at Foxfield Village HOA.

 

As the recommendation to deny the rezoning request was made by the Planning Commission on December 8, 2025, five (5) votes of the City Council are required to overturn this recommendation. If directed by City Council, staff will prepare an ordinance that includes any direction requested by City Council, such as appropriate restrictions on land use, density, building height, buffering, and architectural design.

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Financial Information:

None

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Attachment(s):

A.                     Planning Commission Packet

B.                     Planning Commission Minutes

C.                     Applicant-HOA Meeting Minutes

D.                     Applicant-HOA Letter of Understanding

E.                     Revised Site Development Plan

F.                     Applicant Letter to City Council