Focus Area: Economy, Community Development
Staff Contact: Andrea Morgan, Planner II
Subject: RZ25-0001: Rezoning and a Final Plat for Jemi Homes; Applicant: Lisa Clough, CMP Construction
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Consideration of Ordinance No. 25-10 (RZ25-0001), requesting approval of a rezoning from the from CTY RLD (County Residential Low Density) District to R-1 (Residential Single-Family) District and a Final Plat (FP25-0006) for Jemi Home Care on approximately 0.84 acres, located at 15690 S. Mur-Len Road. Planning Commission recommended approval 9 to 0.
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Summary:
The applicant is requesting a rezoning from the CTY RLD (County Residential Low-Density) District to the R-1 (Residential Single-Family) District for an existing single-family home located at 15690 S. Mur-Len Road.
The applicant intends to utilize the existing single-family as a HomePlus facility which is licensed by the State of Kansas. The home will accommodate up to ten (10) seniors with 24/7 care and assistance with daily activities such as meals, laundry, and medication. This proposed use is classified in the Olathe Unified Development Ordinance as ‘Assisted Living, Skilled Nursing, Continuing Care Retirement Facility’ which is permitted by right in the R-1 District. A rezoning to the City R-1 District is required prior to the operation of this use on the site.
The proposal meets all UDO standards for the requested R-1 District, is consistent with PlanOlathe, and meets the rezoning criteria of UDO 18.40.090, known as the Golden Criteria. The public hearing was held on March 24, 2025, and two (2) individuals spoke during the hearing. Discussion during the Planning Commission meeting included (main topic or topics). Staff recommends approval, and following the public hearing, the Planning Commission voted 9-0 to recommend approval of RZ25-0001 and FP25-0006 as presented in the meeting minutes.
The applicant is also requesting approval of the final plat (FP25-0006) which establishes lot lines for one (1) single-family lot and dedicates public easements. The Planning Commission approved the final plat, contingent upon approval of the rezoning, with an additional stipulation to address neighborhood feedback about parking. Since the Planning Commission meeting, the applicant submitted a deferred parking plan as stipulated, which Planning staff has reviewed, approved and included in the agenda packet. Additional parking will be installed as shown in the deferred parking plan if needed in the future.
The plat is subject to a street excise tax of $0.215 per square foot of land. Final plats in single-family zoning districts are subject to a traffic signal excise tax of $0.0037 per square foot of land.
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Financial Impact:
None
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Action Needed:
1. Approve Ordinance No. 25-10 for a rezoning from the CTY RLD (County Low Density Residential) District to the R-1 (Residential Single-Family) District as recommended by the Planning Commission (4 positive votes required).
2. Deny Ordinance No. 25-10 for a rezoning from the CTY RLD (County Low Density Residential) District to the R-1 (Residential Single-Family) District (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
C. Deferred Parking Plan
D. Ordinance No. 25-10